North Dakota Administrative Code

If any provision or section of the rules in this title is declared to be invalid or unlawful, the declaration must not operate to render the remaining rules of this title void. History: Amended effective January 1, 2026. General Authority: NDCC 43-11-05 Law Implemented: NDCC 43-1…

A board member may be compensated when actively engaged in any board-related meeting, duty, or activity as follows: 1. Up to 115 percent of the daily rate established in North Dakota Century Code section 54-35-10. This enhanced daily rate must be divided by eight to determine an …

The board may, at its discretion and upon written application, grant a variance from specific provisions of the rules only upon a clear showing of good cause. A variance may be granted if: 1. The applicant demonstrates strict compliance would result in significant hardship; 2. Th…

The board may prohibit the use of any procedure, device, product, or modality the board determines to be unsafe, unprofessional, or beyond the scope of practice authorized under this title. This authority applies to both currently available procedures and devices, as well as new …

Acceptable forms of identification. For the purposes of verifying identity for licensure, examination, or other official processes of the board, applicants and licensees shall provide two forms of valid, unexpired identification from the lists below. At least one form of identifi…

1. Filing a complaint. a. Submission requirements. All complaints alleging a violation of title 32 or North Dakota Century Code chapter 43-11 must be submitted to the board in writing and may be delivered by mail, electronic mail, or through the board website. The complaint must …

The owner or manager of every establishment and school shall keep a copy of the rules of cleaning and disinfecting posted in each establishment and school for the information and guidance of all persons employed or studying therein. History: Amended effective March 1, 1998; Janua…

All establishments shall adhere to the following: 1. Establishments. a. Each establishment must have: (1) Adequate workspace to ensure safe working conditions; (2) A reception area; (3) A supply room or designated supply area with enclosed cabinets for storage; (4) Readily access…

1. Each establishment and school must have adequate lighting at all workstations. 2 2. Each establishment and school shall install and maintain a ventilation system such as an exhaust fan or air-to-air exchange in the working area if required by local building codes for the types…

1. All surfaces, floors, and fixtures must be kept clean and in good repair at all times. Carpeting and rugs are not permitted in the working area. Carpeting or rugs will only be permitted in the reception areas. 2. Shampoo bowls must be free from all hair and debris, cleansed an…

Each establishment and school must be equipped with an adequate supply of hot and cold running water and proper plumbing located within the confines of the premises, separate from a bathroom facility. Each establishment and school shall: 1. Have a safe water supply, approved by t…

Every licensee, student, and apprentice while on the establishment or school premises, must be neat and clean in person and in attire, and free from any infectious or communicable disease. 1. Hand washing. Each licensee, student, and apprentice shall wash hands thoroughly with so…

Every establishment and school shall have and maintain a complete first-aid kit in a readily accessible location on the premises. At a minimum, the first-aid kit must include adhesive dressings, gauze and antiseptic, tape, topical antibiotics, eyewash, and gloves. History: Amende…

A blood exposure procedure poster must be posted in or near the first aid kit in the establishment. If a blood exposure occurs involving a client or licensee, the following steps must be followed: 1. If client is bleeding: a. Stop service; b. Put gloves on; c. Assist client to si…

All tools, instruments, shampoo bowls, and other articles that come in contact with a client must be cleaned and disinfected before use on each client as specified in section 32-02-01-10. Each establishment and school shall have available for use at all times disinfectant and an …

1. Clean cloth and linen items. All clean cloth and linen towels, sheets and blankets, robes, capes, and similar items must be kept in an enclosed container until used. 2. Soiled cloth items and laundering. All clean cloth and towels, sheets and blankets, robes, must be laundered…

The disinfection process must consist of three steps, and the elimination of any one of the steps renders the process ineffective. The three steps to be followed are: 1. Cleaning. Remove debris from tools and instruments and wash them thoroughly with hot water and a detergent in …

1. Germicides. In disinfecting tools, instruments, and implements, a disinfectant treatment of tools, instruments, and implements must be used in accordance with the directions of the manufacturer. All germicidal solutions must be fresh, clean, and free from contaminants. 2. Flui…

All establishments and schools shall have adequate toilet facilities conveniently located and readily accessible to the public patronizing the establishment. All establishments in residential establishments shall provide and label toilet facilities only for the use of customers d…

Animals of any kind are not allowed in a license establishment or school except service animals used by persons with disabilities in accordance with Americans with Disabilities Act regulations. If a service animal belongs to an establishment owner or employee and is on premises f…

Repealed effective April 1, 2022.

Inspections may be routine, part of the disciplinary process, investigative, or ordered by the board. If an establishment or school's inspection report is marked as reinspection by inspector, the establishment or school must pay the appropriate reinspection fee as determined by N…

All individuals, firms, associations, corporations, partnerships, and other entities desiring to operate an establishment shall make application to the board for a license prior to commencing business. The application must be made to the board and must be accompanied by the appro…

Every application for a license must be accompanied by a detailed floor plan of the proposed establishment premises. The floor plan must show entrances, exits, locations of equipment, reception area, supply area, toilet facilities, hallways, and facilities to maintain sanitary co…

Repealed effective July 1, 1988.

Purchasers of existing establishments shall meet the requirements of a new establishment. The owner of the existing establishment shall complete an establishment closure form, which must accompany the purchaser's establishment application for licensure. History: Effective July 1,…

Every establishment shall display its establishment license and the licenses of all licensed employees in clear view to the public. Every licensed establishment providing advanced esthetic procedures under the supervision of a health care provided shall prominently display the su…

Repealed effective January 1, 2026.

Repealed effective March 1, 1998.

1. Every establishment, upon request, shall provide documented hours for master license applications. An establishment or manager may not decline to provide documentation for master cosmetologist, manicurist, or esthetician licensure. Establishments shall keep documented hour rec…

Each establishment shall maintain adequate tools, supplies, instruments, capes, towels, and linens to serve the public in cosmetology. History: Amended effective January 1, 2012; January 1, 2017; January 1, 2026. General Authority: NDCC 43-11-05 Law Implemented: NDCC 43-11-11

Every establishment shall display and maintain a sign indicating the name of the establishment, which is clearly visible to anyone approaching the entrance. History: Amended effective July 1, 1988; March 1, 1998; January 1, 2017; January 1, 2026. General Authority: NDCC 43-11-05 …

Each establishment or school shall adhere to the following requirements to protect consumers from misleading claims, ensure public health and safety, and uphold professional standards: 1. Truthful and accurate advertising. All advertising for services, licensees, establishments, …

1. Independent licensees. Any establishment may be divided into independent licensee spaces. Each independent licensee must be individually licensed by the board as a separate entity and each independent licensee license only may be issued to a single individual licensee. 2. Resp…

1. Except as otherwise provided, if the owner of an establishment leases space at the owner's establishment to a person to engage in an activity that is not under the jurisdiction of the board, including tattooing, body piercing and massage therapy, the leased space must: a. Be s…

procedures. Authorization to perform procedures. Advanced esthetic procedures may be performed only by advanced estheticians licensed under North Dakota Century Code chapter 43-11 who possess any applicable certifications required by law or rule. 1. Facility requirements. Advance…

Each establishment intending to discontinue its operation shall notify the board office by submitting an establishment closure form within ten business days of the final date of operation. History: Amended effective July 1, 1988; March 1, 1998; January 1, 2017; January 1, 2026. G…

Repealed effective April 1, 2022.

Repealed effective April 1, 2022.

A licensee desiring to provide cosmetology, esthetic, or manicuring services outside of an establishment shall meet the following requirements: 1. The licensee must be: a. An establishment owner; b. A licensee who is employed by an establishment; or c. An independent licensee. 2.…

Each licensee providing services for compensation within a facility that is exempt from cosmetology establishment licensure under North Dakota Century Code chapter 43-11 shall adhere to the following: 1. Licensees performing services only on residents of exempt facilities shall: …

1. Requirement. A person, firm, association, corporation, partnership, or other entity may not operate a school in this state without a current school license issued by the board. 1 2. Application process - Two phases. The application process for a cosmetology school license must…

1. Adherence to submitted plans. A licensed school shall operate in accordance with the curriculum outline, sample program schedule, and policy and procedures manual submitted and approved during the application process. Any modifications to policy and procedures manual and major…

The board may establish a school compliance committee, to meet as needed, to oversee school compliance and consistent delivery of quality education and training by licensed schools. The committee shall: 1. Consist of a minimum of three members appointed by the board, including at…

The school compliance committee shall: 1. Review all applications for new school licensure to ensure compliance with chapter 32-03-01 and other applicable rules. 2. Coordinate with board staff and inspectors to conduct preliminary interview and possible site visits. 3. Submit rec…

1. The school compliance committee may conduct interviews and request documentation, records, and access to school premises as necessary to carry out its duties. 2. All final enforcement decisions and disciplinary actions must remain under the authority of the board. 3. The commi…

Every application for a license to conduct a school must be accompanied by a detailed floor plan of the proposed school premises. The floor plan must show entrances, exits, locations of equipment, business office, reception area, classrooms, service floor area, dispensary, studen…

Repealed effective July 1, 1988.

Repealed effective January 1, 2026.

Repealed effective January 1, 2026.