posted on: May 19, 2025
Some big changes are at your doorstep, North Dakotans! In April, the legislature signed into law House Bill 1126 (HB 1126), impacting esthetics and associated professions.
In this government relations blog, we break down the most important changes you can anticipate when the bill takes effect January 1, 2026, including:
- A new advanced esthetician license and the services this license allows you to provide
- The generous legacy clause for estheticians and cosmetologists—find out how you can earn an advanced esthetician license before December 31, 2027!
- Additions to the esthetics scope of practice
- A revised fee structure and fee increases
- Many of the original fees have increased by 50 percent
- New salon and school inspection requirements—prepare for assessment
- Modified board membership and transparent board duties
- An alternative training model—apprenticeship is here
Advanced Esthetician License
The bill sets forth criteria for an advanced esthetics license, which can be earned upon completion of 1,100 hours of education.
Advanced esthetics is defined as the practice of advanced cosmetic preparations or procedures using the hands or a mechanical or electronic apparatus for esthetic purposes. The practice includes:
- Advanced chemical peels
- Microneedling
- Nonablative procedures
- This includes the use of a laser, light, or an energy device for the purpose of skin rejuvenation, body contouring, dyschromia reduction, cellulite reduction, hair removal, hair reduction, or tattoo removal. Nonablative procedures are not intended to excise, vaporize, disintegrate, or remove living tissue.
- Extractions using lancets
The practice does not include:
- Procedures to treat a medical, physical, or mental ailment
- Ablative esthetics procedures, including esthetics procedures intended to excise, vaporize, disintegrate, or remove living tissue.
Note: Certain advanced esthetics services may be performed only under the supervision or direction of a physician, physician assistant, or licensed advanced registered nurse. This will be determined by the North Dakota State Board of Cosmetology (Board).
In addition to the aforementioned license requirements for an advanced esthetician, proof of training in the following services must be completed before offering the modality:
- Microneedling pens, rollers, or devices
- Nonablative devices
- Advanced chemical peels
Advanced Esthetician License: How to be “Grandfathered in”
HB 1126 will allow a licensed cosmetologist or esthetician who has at least one year of practical experience after January 1, 2026, apply for an advanced esthetician license until December 31, 2027, if they:
- Complete an approved four-hour training in safety and infection control
- Obtain an active OSHA bloodborne pathogens certificate
- Obtain an active first aid and CPR certificate
- Provide one of the following:
- A notarized affidavit from a medical professional certifying the applicant worked under the direct supervision and control of a licensed physician, physician assistant, or nurse for at least 300 hours within the last five years
- Proof of completing approved 150 hours of advanced esthetics training
A cosmetologist or esthetician who fails to meet the above requirements and applies by December 31, 2027, must complete 500 hours of training in advanced esthetics.
Esthetics Scope of Practice
The previous esthetics scope of practice was vague, essentially allowing estheticians to perform “skin care.” HB 1126 clarifies what is and is not considered esthetics in North Dakota. Esties can still perform eyelash extensions, tint lashes and brows, and apply products to the skin and body to improve the appearance of the skin. In addition, estheticians can now:
- Use a device to care for the skin, including microdermabrasion, dermaplaning, or high-frequency devices
- Perform cosmetic peels using a concentration of less than:
- 30% alpha hydroxy acid
- 20% beta hydroxy acid
- 15% resorcinol
- 15% trichloroacetic acid
- Perm and laminate eyelashes and eyebrows
The practice of esthetics does not include:
- Any procedure that invades living tissue below the stratum corneum
- Threading
- Advanced esthetics procedures
License Fees
HB 1126 creates a new fee structure and adjusts the maximum fees for various professional licenses. Many of the original fees have increased by more than 50 percent.
Business and School License Fees
- Initial establishment license: $150 (previously $80)
- Annual establishment renewal: $100 (previously $30)
- Initial independent licensee license: $150 (new)
- Annual independent licensee renewal: $100 (new)
- Initial school license: $550 (previously $505)
- Annual school renewal: $250 (previously $205)
Professional License Fees
- Initial advanced esthetician license: $50 (new)
- Annual advanced esthetician renewal: $50 (new)
- Initial cosmetologist license: $50 (previously $15)
- Annual cosmetologist renewal: $50 (previously $15)
- Initial master cosmetologist license: $50 (previously $25)
- Annual master cosmetologist renewal: $50 (previously $20)
- Initial esthetician license: $50 (new)
- Annual esthetician renewal: $50 (new)
- Initial master esthetician license: $50 (new)
- Annual master esthetician renewal: $50 (new)
- Initial instructor license: $50 (previously $35)
- Annual instructor renewal: $50 (previously $20)
- Initial manicurist license: $50 (new)
- Annual manicurist renewal: $50 (new)
- Initial master manicurist license: $50 (new)
- Annual master manicurist renewal: $50 (new)
Miscellaneous Fees
- Duplicate license: $20 (previously $10)
- Individual or business name change: $20 (new)
- Reciprocity license fee: $105 (no change)
- Apprentice registration fee: $15 (new)
- Apprentice trainer registration fee: $25 (new)
- Student registration fee: $15 (no change)
- Reinspection fee: $75 (new)
- Transcript fee: $20 (new)
- Verification fee: $20 (new)
Late Fees
- Individual late renewal (within one year): $50 (no change)
- Individual late renewal (after one year but before five years): $150 (no change)
- Establishment late renewal (within one year): $50 (new)
- Establishment late renewal (after one year): $10 per year expired (new)
- Independent licensee late renewal (within one year): $50 (new)
- Independent licensee late renewal (after one year): $100 per year expired (new)
- School late renewal within 30 days: $50 (new)
Legacy Status
A licensee may now apply for legacy status if they’ve maintained an active license for 45 years or more and are no longer engaged in active practice. Licenses with legacy status expire on December 31 every year and must be renewed annually for $25. While in legacy status, continuing education hours are not required for renewal.
Inspections
HB 1126 mandates regular inspections for establishments, independent licensees, and schools.
Each new establishment, independent licensee, and school must be inspected routinely to determine compliance with the laws, rules, and regulations. Additional inspections may occur if:
- A violation is observed in a previous inspection
- There is a change in ownership
- A license is not renewed on time
- A licensee is on probation due to disciplinary action from the Board
Inspections will be conducted during an establishment's regular business hours. Inspections may be conducted with or without notice to the licensee and may be in response to a complaint. Interfering with or refusing to allow any inspection will be cause for disciplinary action.
Board Membership and Duties
The bill increases board membership of the North Dakota State Board of Cosmetology (Board) from five members to seven. With extra members, the Board will have better representation of the professions it regulates. The Board will now be comprised of:
- Three licensed cosmetologists
- One licensed cosmetology instructor, secondary teacher, or postsecondary educator
- Three of any of the following (new):
- A licensed cosmetologist
- A licensed esthetician
- A licensed advanced esthetician
- A licensed manicurist
HB 1126 offers clarification on what duties the Board is responsible for overseeing. The Board must:
- Adopt and enforce rules
- Hire administrative staff
- Set fees, manage funds, and authorize expenditures for operations
- Collect and analyze data
- Maintain a registry of licensees and registered individuals
- Issue licenses for cosmetologists, estheticians, advanced estheticians, manicurists, instructors, establishments, independent licensees, and schools
- Adopt and enforce rules for continuing education
ASCP sends notifications of board vacancies to our members—if you’re interested in being a board member, keep an eye on your inbox!
Apprenticeship
HB 1126 creates an alternative pathway to licensure by establishing apprenticeship laws for cosmetology and related professions. An apprentice must be at least 16 years old and registered by the Office of Apprenticeship of the United States Department of Labor (US-DOL).
An apprentice program must be registered with the Office of Apprenticeship of the US-DOL and meet the terms and conditions for apprentice qualifications, recruitment, selection, employment, and training. A written apprenticeship agreement between an apprentice and an active licensee in an active licensed establishment must be signed before an apprenticeship may begin.
An apprentice trainer is an individual approved by the Board who trains an apprentice in an apprenticeship program. To become an approved trainer, an individual must hold a current license for a minimum of three consecutive years in the profession for which the individual provides training and must complete Board-approved educator training.
An approved apprenticeship establishment is an approved business participating in an apprenticeship program. The establishment must provide the Board with the names of all individuals acting as apprentice trainers. Apprenticeship establishments will be inspected by the Board at least once a year. An apprenticeship establishment must post a notice in its reception area to inform clients that services may be provided by an apprentice. The notice must state: “This establishment is a participant in a state-approved apprenticeship program. Apprentices in this program are in training and have not yet received a license."
Effective January 1, 2026
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