North Dakota COVID-19 State Update

There have been many changes in the massage therapy, esthetics, and cosmetology professions and communities in response to COVID-19 (coronavirus). ASCP has summarized below how COVID-19 has impacted North Dakota, from executive orders affecting business closures, to reopening protocols modifying practice procedures, to financial programs developed to aid the unemployed.

Practice Restrictions and Reopening
North Dakota Governor Doug Burgum declared a state of emergency March 13, 2020, in response to the public health crisis resulting from the novel coronavirus. On March 27, 2020, the governor issued Executive Order 2020-06.1, closing personal care services to the public provided by cosmetologists, estheticians, manicurists, barbers, and massage therapists through April 6, 2020, in an effort to control and prevent the spread of the virus. Executive Order 2020-06.3 issued on April 15, 2020, extended these business closures through April 30, 2020.

On April 29, 2020, Governor Burgum announced in Executive Order 2020-06.4 that personal care services provided by cosmetologists, estheticians, manicurists, barbers, and massage therapists may return to practice on May 1, 2020. In partnership with the Department of Commerce and the State Health Officer, the governor developed “ND Smart Restart”—a roadmap to a better, safer, and healthier tomorrow for employers, employees, and clients. The ND Smart Restart plan provides standard procedures and industry-specific rules to mitigate the spread of COVID-19 among businesses reopening during the pandemic. Those returning to work may only reopen if they adopt and rigorously follow the personal services guidelines.

ASCP updates members daily regarding state orders, practice prohibition, and reopening processes. View North Dakota updates here for massage therapists and here for estheticians and cosmetologists. The most current information regarding COVID-19 and what is happening in North Dakota can be found on the North Dakota Department of Health website. Please check with your local city or county to see if they have reopening orders stricter than North Dakota state orders. With some states giving authority to local governments regarding work authorization, your liability insurance is only valid if you are in compliance with whichever regulations are the most restrictive—state or local. If you are not authorized to work per state or regional orders, and you are working, you are not in compliance with your state or local regulations and therefore your insurance would not be valid.

Practice Modifications and Protocol Guidelines
ASCP understands there is a fine line between getting back to work and earning an income and protecting the safety of you and your clients. Because governments are reopening does not mean you have to return to work. Government permission to work should not be the sole factor in your decision to return to practice. For those members planning to get back to work or seriously contemplating doing so, what follows is a hierarchy of ideas and precautions we strongly encourage you to consider for yourself, your practice, and your clients.

With the state of North Dakota easing its restrictions on the state of emergency, many members are seeking advice as they prepare to return to work, and there are many unknowns: Will my clients rebook? Will they feel safe? Where can I go for guidance?

For those reopening their businesses, we have assembled a comprehensive series of back-to-practice guidelines packed with ideas and precautions. We encourage you to start with the summary here for massage therapists, here for estheticians, and here for cosmetologists, which provides a good synopsis. We address how to prepare and sanitize your treatment rooms, safe client-practitioner interaction, in-session protection protocols, post-session sanitation and best practices, and business tips from marketing to cancellation policies. We hope the guidelines prove to be informative and helpful, and that they lessen the uneasiness during this uncertain time.

Economic Assistance
Whether you plan to return to work or not, we encourage you to review the financial benefit packages outlined below. Unemployment benefits are retroactive, so you may be eligible for financial assistance if you were out of work per the Executive Orders and are returning to work. And, although North Dakota has begun a gradual reopening process, you may still be eligible for unemployment benefits if you are unable to work due to risk of exposure to COVID-19 and do not yet wish to return to practice. Some states are interpreting “risk of exposure” as a valid reason for not returning to work, but this reason may only apply to those who are deemed “vulnerable.” The definition of “vulnerable” may vary from state to state, but typically includes elderly people and those with underlying health conditions.

North Dakota allows for unemployment benefits up to a maximum of $594 per week; however, not everyone will qualify for this amount. In addition, the federal government will be issuing $600 per week via the CARES Act, retroactive to March 29, 2020, through July 31, 2020. Benefits have been expanded in North Dakota to 39 weeks.

North Dakota is offering the Pandemic Unemployment Assistance (PUA) program, which provides payment to workers not traditionally eligible for unemployment benefits (self-employed, gig workers, 1099 independent contractors, and others) who are unable to work as a direct result of the coronavirus public health emergency. You can start the application process here. If you were paid as an employee at a job and earned more than $2,500 in that position since January 1, 2019, your unemployment will be based on that job. PUA only applies if you have no W-2 employment. PUA benefits are equal to half of the state’s average weekly unemployment benefits. For example, if you were eligible to receive $300 per week under regular unemployment, your PUA benefits would be $150 per week. Applicants must first apply for regular unemployment insurance prior to filing for PUA.

The Small Business Administration (SBA) offered two programs via the CARES Act: the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan and Loan Advance (EIDL). Unfortunately, at this time, only agricultural business applications for the EIDL program will be accepted due to limitations in funding availability. However, the PPP program is still accepting applications. To apply, assemble the required paperwork and contact a potential bank or lender (also consider some credit unions, PayPal, Quicken, Intuit, or Square) as soon as possible. We have heard that there are already so many applications in the pipeline that funds are expected to be depleted soon.

One reminder: The onboarding of all programs has proven to be much slower than was initially thought, and there have been glitches in almost every federal and state program. The overwhelming number of applicants and government agencies that are coming up with new processes are slowing systems down that were not ready for the volume of people contacting them.

In addition, many states’ economic development programs or small business programs have additional loans and assistance available locally—research what you have in your state by searching online for these programs. Find out more about your financial assistance programs, tax credits, tax deadline extensions, health insurance options, and Medicaid in ABMP’s Financial Benefits Update blog post

We appreciate your membership. Stay safe and well.


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