STATE OF WISCONSIN
Cosmetology Examining Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
COSMETOLOGY EXAMINING BOARD
PROPOSED ORDER OF THE
COSMETOLOGY EXAMINING BOARD
ORDER
An order of the Cosmetology Examining Board to amend Cos 5.01
, to repeal and recreate Cos 5.02 (figure), and to create Cos 5.001 relating to courses of instruction.
Analysis prepared by the Department of Safety and Professional Services.
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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 reduction of the number of training hours for course of instruction in cosmetology. 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. This reduction in training hours puts Wisconsin on par with course of instruction requirements in neighboring states such as Illinois and Michigan. The reduction in training 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.
2013 WI Act 356
allows applicants to receive instruction from a school that is not operating in Wisconsin but has been accredited by an accrediting agency that has been approved by the board, by rule. The proposed rule lists the approved accrediting agencies.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
: Illinois requires cosmetology schools to provide 1,500 hours of instruction in cosmetology. 68 Ill. Adm. Code 117.530.
Iowa
:
Iowa requires 2,100 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 cosmetology training curriculum consists 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
Eric.Esser@wisconsin.gov
, or by calling (608) 266-8608.
Fiscal Estimate:
The
Fiscal Estimate and Economic Impact Analysis are attached.
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
Eric.Esser@wisconsin.gov
, or by calling (608) 266-8608.
Agency contact person
:
Kathleen
Paff
, 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 608-261-4472; email at
Kathleen.Paff@wisconsin.gov
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TEXT OF RULE
Section 1
.
Cos 5.001 is created to read:
Cos 5.001 Instruction
An applicant for licensure as a cosmetologist, cosmetology manager, aesthetician,
electrologist
, or manicurist may receive instruction in a school of cosmetology licensed under s.
440.62 (3) (
ar
)
, Stats., exempted under s.
440.61
, Stats., or accredited by any of the following:
(1)
National Accrediting Commission of Career Arts & Sciences (NACCAS)
(2)
Accrediting Commission of Career Schools and Colleges (ACCSC)
(3)
Council on Occupational Education (COE)
(4)
National Interstate Council of State Boards of Cosmetology (NIC)
(5)
A
ny other accrediting agency relating to cosmetology that is recognized by the U.S. Department of Education
S
ection
2
.
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 offer at a minimum the hours listed for subjects in the appropriate syllabus included in this section.
S
ection
3
.
Cos 5.02 (figure) is repealed and recreated to read:
FIGURE 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).
|
185
|
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
Enhancement
. 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
|
538
|
1012
|
S
ection
4
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
Administrative Register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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