Barbering and Cosmetology Examining Board
[
CR 02-058]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Barbering and Cosmetology Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting ss.
454.01,
454.04,
454.15 and
454.08, Stats., the Barbering and Cosmetology Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise chs.
BC 1 to
4 and
10, relating to, cutting, disinfectants, disinfection, massaging, delegated medical procedures, body piercing, tattooing, tanning booths, managers, relocation of establishments, sterilization and forfeitures.
Hearing Date, Time and Location
Date: June 3, 2002
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 25, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order of the Barbering and Cosmetology Examining Board, the board makes changes relating to laser hair removal, microdermabrasion and chemical skin peels, tattooing, body piercing and tanning booths, limitations on the use of lancets, massages for cosmetic purposes, and non-evasive cutting.
The current law does not clearly address issues pertaining to laser hair removal, microdermabrasion and chemical skin peels. The law pertaining to body piercing, tattooing and tanning booths is clearly stated in statutes and rules enforced by the Department of Health and Family Services; therefore the board proposes to add these subjects to its rules. The rules permit the use of lancets; however, the rules do not adequately address the sterilization and disposal of lancets. The rules define “manicuring" to include “massaging" that is limited to the hands, feet or nails of the human body. The rules also define “manicuring" to include “cutting" that is limited to the hands, feet or nails of the human body.
The proposed rules will identify procedures, such as laser hair removal services, microdermabrasion and certain chemical skin peels that may only be done as directed, supervised and inspected by a physician who has the power to direct, decide and oversee the implementation of the client services provided. The proposes rules will prescribe formal written protocols.
In this proposed rule-making order the board clarifies the disinfection expectations for barbering and cosmetology, aesthetics, electrology and manicuring implements. These changes will provide a clearer explanation of what disinfection will protect the health, safety and welfare of the citizenry of Wisconsin. Refining the disinfection definition and the process of disinfection, can do this.
The Barbering and Cosmetology Examining Board's policy is to prohibit the use of methyl methacrylate monomer (MMA) in liquid form, or any cosmetic or nail service product formulated with MMA as one of its ingredients. It should not be used by any manicurist, nail technician, practitioner, manager or in any establishment in providing services or products to patrons. MMA, or any product containing MMA as an ingredient, should not be present on the premises of any establishment. Any use of MMA or any product containing MMA, as well as selling, stocking or storing such substance or product, may result in disciplinary action against all licensees involved. Increased reports and complaints concerning MMA have prompted the board to prohibit the use of MMA in the practice of barbering and cosmetology and manicuring.
Section
BC 3.02 currently requires a licensed manager to be identified for every establishment. A proposed rule change would allow an establishment to operate temporarily without a manager if a manger resigns and the owner actively seeks a replacement.
Section
BC 3.06 currently requires application for a new establishment license whenever an establishment changes ownership or location. Practitioners who rent a chair or booth and who relocates to a different chair or booth within the same establishment should not be required to obtain a new establishment license.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
448.40 (1), Stats., and interpreting ss.
448.015 (4) and
448.02 (3), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Med 10.02 (2) (zc), relating to defining failing to cooperate in a timely manner in an investigation as unprofessional conduct.
Hearing Date, Time and Location
Date: May 21, 2002
(rescheduled from April 24, 2002)
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 7, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
The Medical Examining Board wants to include as unprofessional conduct the failure of a credential holder to cooperate in a timely manner with an investigation. The board wants it to be unprofessional conduct on the part of the credential holder for failing to cooperate by providing information the board has requested in a pending investigation within 30 days and be able to charge that credential holder with unprofessional conduct for failing to cooperate. The board has attempted on several occasions to obtain information from a credential holder on a complaint the board has received which they wish to investigate further but need information from the credential holder.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
448.40 (1), Wis. Stats., and interpreting s.
448.015 (4), Wis. Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Med 10.02 (2) (zd), relating to sexual contact with a patient as unprofessional conduct.
Hearing Date, Time and Location
Date: June 19, 2002
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 12, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
The Medical Examining Board has for many years prosecuted cases involving inappropriate sexual contact between physicians and their patients under s.
Med 10.02 (2) (h), Wis. Admin. Code. That section reads as follows:
Med 10.02 Definitions. . . . (2) The term “unprofessional conduct" is defined to mean and include but not be limited to the following, or aiding or abetting the same:
(h) Any practice or conduct which tends to constitute a danger to the health, welfare, or safety of patient or public.
In a recent circuit court case, the board's finding of a violation of the cited section, arising from a respondent having engaged in a sexual relationship with a patient over a period of approximately eight months, was appealed based in part on the argument that the cited section was vague in terms of what it permitted and prohibited. The court agreed, reversing the board's decision and remanding the case to the board “for either further evidentiary proceedings or for particularly specific findings as to how the danger to patient rule was violated or caused, rather, in this case by improper medical treatment."
Based upon this challenge to the board's interpretation of the so-called “danger rule," it is deemed appropriate to join most of the other health care boards in specifically prohibiting inappropriate sexual contact or behavior with a patient. Also consistent with similar rules promulgated by other affected boards, the patient's status as a patient is extended for two years beyond actual termination of services in order to obviate the possible problem of a licensee summarily suspended terminating treatment immediately upon commencement of improper personal contact with a patient.
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.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch.
Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
June 14, 2002
Hill Farms State Transportation Building
4802 Sheboygan Avenue
Room 419
Madison, WI
9:00 a.m.
