STATE OF WISCONSIN
COSMETOLOGY EXAMINING BOARD
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
COSMETOLOGY EXAMINING BOARD
ORDER OF THE COSMETOLOGY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 18-002)
ORDER
An order of the Cosmetology Examining Board to repeal Cos 1.01 (3m), Cos 5.03, Cos 7.03 (2), and Cos 8.01 (2); to amend Cos 2.06 (4), Cos 2.07 (1), Cos 2.07 (1r), Cos 3.02 (1), Cos 3.02 (2) (b), Cos 5.001, Cos 5.01, Cos 6.04 (1) (a), Cos 7.04, Cos 8.02, Cos 9.03 Note, and Cos 11.01, relating to cosmetology manager licensing.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority: Pursuant to ss. 15.08 (5) (b) and 227.11 (2) (a), Stats., the Cosmetology Examining Board is empowered by the legislature to promulgate rules that will provide guidance within the profession and to interpret the statutes it administers. The passage of 2017 Wisconsin Act 82 prompted the Board to review all regulations concerning cosmetology and undertake an update of the rules to make them consistent with the new legislation. Related statute or rule: Wisconsin Administrative Code, chs. Cos 1 to 11 Plain language analysis: The Cosmetology Examining Board is updating the rules governing the practice of cosmetology based upon passage of 2017 Wisconsin Act 82. Act 82 eliminates the requirement for a cosmetology manager license. This update eliminates or amends references to this license in chs. Cos 1 to 11 of the Wisconsin Administrative Code consistent with the requirements of 2017 Wisconsin Act 82. Agency contact person: Greg DiMiceli, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Cos 1.01 (3m) is repealed.
Section 2. Cos 2.06 (4) is amended to read:
Cos 2.06 (4). Maintain and provide appropriate records for apprentices, temporary permit holders, training permit holders, and practitioners, including employment records, to enable apprentices or practitioners to meet the requirements of s. 454.06 (3) (b), 440.63 (3) (a) 1. or 454.10 (2), Stats., for credentialing as a practitioner, manager, or instructor. Owners shall maintain these records for a minimum of 5 years. Section 3. Cos 2.07 (1) is amended to read:
Cos 2.07 (1). The licensed cosmetology manager of a cosmetology establishment shall be responsible for the daily operations of an establishment and ensure that the establishment is in compliance with ch. 454, Stats., and chs. Cos 3 and 4. The cosmetology manager shall maintain supplies and equipment necessary to ensure safe and sanitary establishment conditions. Section 4. Cos 2.07 (1r) is amended to read:
Cos 2.07 (1r). The cosmetology manager shall, for a minimum of 5 years, maintain and provide appropriate records for apprentices, temporary permit holders, training permit holders, and practitioners, including employment records, to enable apprentices or practitioners to meet the requirements of s. 454.06 (3) (b), 440.63 (3) (a) 2., or 454.10 (2), Stats., for credentialing as a practitioner, cosmetology manager, or instructor. Section 5. Cos 3.02 (1) is amended to read:
Cos 3.02 (1). Cosmetology manager required. The owner of a cosmetology establishment shall not operate the establishment unless a licensed cosmetology manager has been employed for the establishment, subject to the exception for temporary unavailability of a cosmetology manager in s. Cos 2.06 (5). The cosmetology manager shall be responsible for supervising and managing the operation of the establishment. The owner and the cosmetology manager shall ensure that the establishment operates in compliance with ch. 454, Stats., and rules of the board as follows: Section 6. Cos 3.02 (2) (b) is amended to read:
