STATE OF WISCONSIN
COSMETOL
OG
Y EXAMINING BOARD
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IN THE MATTER OF RULEMAKING
:
ORDER OF THE
PROCEEDINGS BEFORE THE
: COSMETOLOGY EXAMINING
COSMETOLOGY EXAMINING BOARD
:
BOARD
:
ADOPTING
EMERGENCY
RULES
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The stateme
nt of scope for this rule, SS
083-14
, was a
pproved by the Governor on August 25, 2014
, published in
Reg
ister 705
on September 14, 2014
,
and approved by Cosmetology Examining
Board on
September 25, 2014
.
This emergency rule
w
as ap
proved by the Governor on December 22, 2014.
ORDER
An or
der of the
Cosmetology
Examining Board
to
amend Cos 5.0
1 and to repeal and recreate 5.02
relating to course of instruction.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Cosmetology Examining
Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
2013 Wisconsin Act 356
amended ss.440.62 (3) (ar) 2. and 454.06 (2) (b), Stats., by decreasing the number of training hours which must be fulfilled by cosmetology practitioners as outlined in
Wis. Admin. Code
ch.
Cos
5.02. Currently, cosmetology students are being enrolled in courses on a continuous basis notwithstanding the fact that the curriculum and corresponding training hours as t
h
ey appear in Wis. Admin. Code s
.
Cos. 5.02 are
no longer in effect due to
2013 Wisconsin
Act 356
. Emergency rules are needed to give clear guidance to students and instructors regarding the change in required training hours and the corresponding syllabus for cosmetology practitioners.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to ss.
15.08 (5) (b)
and
227.11 (2) (a)
, Stats., the
Cosmetology
Examining Board is generally empowered by the legislature to promulgate rules that will provide guidance within the profession and interpret the statutes it administers.
2013 Wisconsin Act 356
required the
redu
c
tion of
the number of
training
hour
s
for course of instruction
in
cosmetolog
y
.
This change
impacted the qualifications for
cosmetology
licensure. The proposed rule seeks to carry out the mandate of this new legislation by amending Wis. Admin Code. ch.
Cos 5
.
Related statute or rule:
None.
Plain language analysis:
2013 Wisconsin Act 356
changed the licensure requirements for cosmetologist by reducing the number of training hours required to successfully complete a cosmetology course of instruction
from 1,800 to 1,550
and by adding the requirement
that a school of cosmetology be accredited by an accrediting agency approved by the board.
This reduction in training hours puts
Wisconsin
on par w
ith course of instruction require
ments in
n
eighboring states such as Illinois and Michigan. The reduction in traini
ng hours
will also relieve the burden on in-state
applicants
seeking a cosmetology practitioner license
in neighboring states and will ease the transition of
out-of-state applicants seeking to become
licensed
as a cosmetologist in Wisconsin.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
:
Illinois requires cosmetology schools to
provide 1,50
0
hours of instruction
in cosmetology
.
68 Ill. Adm. Code 117.530.
Iowa
:
Iowa requires 2,100
0
hours in
cosmetology
curriculum.
645
IAC
61.14.
Michigan
:
Michigan cosmetology
curriculum consists
of 1
,
500 of theory and practical instruction and 1
,
160
hours
in minimum practical application.
Mich. Admin. Code R.338.2161
.
Minnesota:
The c
osmetology
training curriculum consist
s of 1,550 hours
in Minnesota
.
Minn. R. 2110.0510
.
Summary of factual data and analytical methodologies:
The
methodologies used in developing this rule include
reviewing
administrative rules from neighboring states and comparing
2013 Wisconsin Act 356
with Wis. Admin. Code ch.
Cos 5
.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov
, or by calling (608) 266-8608.
Fiscal Estimate:
This proposed rule will have minimal or no fiscal impact.
Effect on small business
:
These proposed rules
do
not
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Tom.Engels
@wisconsin.gov
, or by calling (608) 266-8608.
Agency contact person
:
Shawn Leatherwood, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
261-4438
; email at
Shancethea.Leatherwood
@wisconsin.gov
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TEXT OF RULE
SECTION
1. Cos 5.01 is amended to read:
Cos. 5.01 Courses
. Schools which provide instruction to students for cosmetology
practitioner or
cosmetology
manager licenses or specialty schools which provide instruction to students for aesthetician, electrologist, or manicurist licenses shall develop curricula
for instruction which are based
on the applicable syllabus approved by the
board
. A school or specialty school shall not
deviate
from the hours listed for subjects in the appropriate syllabus included in this section.
Schools shall be
accredited by
any
of the
following
board
approved
accrediting
agencies
including
the National Accrediting
Commission
of Career Arts & Sciences (NACCAS), the Accrediting
Commission
of Career S
chool
s
and Colleges (ACCSC), the Council on Occupational Education (
COE)
, the National Interstate Council of State Boards
of
Cosmetology
(NIC) and
any
other
accrediting agency
relating to
cosmetology that is recognized by the
U.S.
Department of Education.
SECTION 2.
Cos 5.02
(intro
.
) and Figure 5.02 are
repealed and recreated
to read:
Cos. 5.02 Cosmetology practitioner license syllabus
. A syllabus for the practitioner license is shown below in Table 5.02:
Table
5.02
|
|
SUBJECTS
|
THEORY HOURS
|
PRACTICAL HOURS
|
I.
|
Hygiene, grooming and personal development.
|
10
|
0
|
II.
|
Bacteriology, sterilization
and sanitation.
|
20
|
20
|
III.
|
Haircutting, hair tapering
(clipper−cuts), razor cutting,
hairstyling, curling,
thermal waving, finger−
waving, roller setting, pincurl
placement, blow−
drying, shampoos, scalp
and hair
treatments, conditioning
,
reconditioning, hair
analysis, and care of hairpieces,
wigs and wefts.
Tools, equipment and
implements (identification
and usage).
|
140
|
440
|
IV.
|
Hair straightening, hair
relaxing, thermal hair
straightening, blow−outs,
permanents, hair coloring,
tinting, bleaching and
chemistry
.
Tools, equipment and
implements (identification
and usage).
|
1
85
|
392
|
V.
|
Shaving, beard and mustache
shaping, trimming,
superfluous hair removal,
waxing, facials, facial massages,
facial makeup, eyelashes,
light therapy, basic
principles of electricity, and
introduction to electrology
. Tools, equipment and
implements (identification
and usage).
|
35
|
60
|
VI
.
|
Manicuring, including nail
E
nhancement
. Tools, equipment and
implements (identification
and usage).
|
10
|
25
|
VII
.
|
Anatomy and physiology of
the hair, skin and nails and
disorders of the hair, skin,
scalp and nails
|
50
|
0
|
VIII.
|
Product knowledge, product
use and sales, preparing
and consulting with customer
for services
|
30
|
0
|
IX.
|
Laws, rules,
professional
ethics and history of cosmetology
|
18
|
0
|
X.
|
Individual student needs,
industry trends and electives
(e.g. recordkeeping,
mathematics, communications,
human relations, public
relations, first aid, etc.)
(Hours may include structured
visits conducted by
the school outside of the
classroom at one or more
cosmetology establishments.)
.
|
40
|
75
|
|
|
TOTAL HOURS
|
53
8
|
1012
|
SECTION 2. Pursuant to s.
227.24 (1) (c)
, Stats., this emergency rule shall take effect upon publication in the official state newspaper.
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(END OF TEXT OF RULE)
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