CR 15-020 Rule Text

STATE OF WISCONSIN

Cosmetology Examining Board

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

COSMETOLOGY EXAMINING BOARD

PROPOSED ORDER OF THE COSMETOLOGY EXAMINING BOARD

ADOPTING RULES CR 15-020

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:

Sections 454.06 (2) (b), 454.06 (3) (b), 454.06 (4) (b) 1., 454.06 (5) (b) 1., 454.06 (6) (b) 1., and 454.075, Stats.

Statutory authority:

Sections 15.08 (5) (b), 227.11 (2) (a), and 454.075, Stats.

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.