Michigan: The state of Michigan requires 1,500 hours of training and a two-year apprenticeship for a cosmetology license with an additional 500 hours for an instructor license. Fewer training hours are required for estheticians, electrologists, and nail technicians (MI Admin. Code R338.2163c.). Michigan does not require continuing education for license renewal. Michigan does appear to allow the use of pumice stones, so long as they are used only on one client and discarded (MI Admin. Code R 338.2179c (c)). The practice of cosmetology board licensed professions outside of an establishment is prohibited unless it is performed on-site for a participant in an event, or is done in a nursing home, old-age home, adult foster care facility, or a hospital (MI Stats. § 339.1217). Michigan statute does require the cosmetology board to promulgate rules for mobile salons, however these do not appear to be in effect at this time. Michigan law requires the board to issue a reciprocal credential if the applicant is at least 17, is of good moral character, has a license in good standing in another jurisdiction, and the requirements to obtain the license in the other jurisdiction are substantially equal to Michigan requirements (MI Stats. § 339.1211). Michigan law does allow for a temporary credential to be issued to active duty military and spouses if they hold a credential in good standing that allows for the practice of the profession they are seeking licensure for. This temporary credential is good for at least 6 months and can be extended if the person needs more time to meet licensing requirements (MI Stats. § 339.213). Minnesota: Minnesota requires eight hours of continuing education in the three years prior to renewing a license, and must include one hour in state statutes and administrative rules relevant to their practice, three hours in OSHA standards applicable to cosmetology, and four hours combined in any of product chemistry and chemical interaction, proper use and maintenance of machines and instruments, business management, professional ethics, human relations, or techniques relevant to the type of license held (MN Stats. § 155A.271 (1)). Minnesota does not appear to have a special license for cosmetology school instructors.
Minnesota provides temporary certification for the practice of cosmetology for service members, their spouses, and service members discharged within the last two years. Applicants must show documentation of service member, discharged service member, or spouse of a service member or former service member status, evidence of licensure as a cosmetologist, esthetician, advanced practice esthetician, nail technician, eyelash technician, salon manager, school manager, or instructor in another state, and payment of application fees (MN Admin. Code § 2105.0184).
Generally, to obtain a permanent reciprocal license in Minnesota an applicant must show that they are at least 17 years old, have experience of 1,550 hours for a cosmetologist, 600 hours for an esthetician, 350 hours for a nail technician, and 38 hours for an eyelash technician. The applicant must present a certification from their state examining board confirming licensure that is no more than 90 days old, evidence of passage of board approved practical and theory examinations, evidence of passage of a Minnesota specific statutes and rules examination within the last year, and payment of all required fees (MN Admin. Code § 2105.0183).
A salon must employ a licensed salon manager. Practice is allowed outside of a licensed salon if the practitioner has obtained a “homebound” or “special services” license under MN Admin. Code § 2105.0410 (3). Mobile salons are licensed, and must meet the same facility, safety, infection control, and scope of services requirements as typical licensed establishments (MN Admin. Code § 2105.0395).
Summary of factual data and analytical methodologies:
The Cosmetology Examining Board developed the proposed order after a careful review of the statutory changes and requirements.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
This rule was posted on the department’s website for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
Attached.
Effect on small business:
None.
Agency contact person:
Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing to be held at 9:30 AM on August 17, 2020 to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Cos. 2.03 (8) (intro.) is amended to read:
Cos. 2.03 (8) Licensees may not provide the following services unless both the licensee and the establishment are properly licensed by the department of healthsafety and professional services:
Section 2. Cos 2.045 is repealed and recreated to read:
Cos 2.045 Personal care services for persons in hospitals, nursing homes, and correctional institutions. Licensees may provide any personal care services, subject to all practice standards set forth in this chapter, to persons who are in hospitals, nursing homes, or correctional institutions, regardless of whether it is done in a designated area or in the personal room of an inmate, patient, or infirm person.
Section 3. Cos 2.046 is created to read:
Cos 2.046 Personal care services outside of a licensed establishment generally. Other than personal care services provided under s. Cos. 2.045, appropriately credentialed licensees may provide services outside of a licensed establishment as follows:
(1) Aesthetics, cosmetology, and manicuring services may be provided outside of a licensed establishment if all the following are true:
(a) The licensee owns, manages, is employed by, or affiliated with an establishment that is licensed to provide services under s. 454.08 (2), Stats. (b) The licensee brings to the outside service location their active license certificate, or a copy, provided to them under s. 454.06 (7), Stats. (c) The licensee complies with all practice standards provided in this chapter when providing personal care services outside of a licensed establishment.
(d) The licensee complies with all sanitation and safety precautions provided in ch. Cos 4. (e) The services provided do not involve the use of a chemical process, with the following exceptions:
1. A licensee practicing aesthetics or cosmetology outside of a licensed establishment may apply cosmetics, oils, lotions, clay, creams, antiseptics, powders, or tonics.
2. A licensee practicing cosmetology outside of a licensed establishment may use cleansing, styling, and finishing products for the purpose of cutting or styling hair.
(2) Electrology services may be provided outside of a licensed establishment if all the following are true:
(a) The licensee complies with all practice standards provided in this chapter when providing personal care services outside of a licensed establishment.
(b) The licensee complies with all sanitation and safety precautions provided in ch. Cos 4.
Section 4. Cos 2.06 (5) is amended to read:
Cos. 2.06 (5) In the case of an owner of a cosmetology establishment who is not a licensed cosmetologist, employ aat least one licensed cosmetologist to act as cosmetology manager who shall have direct authority over the operations of the establishment. If the cosmetology manager of an establishment leaves employment or becomes otherwise unavailable, an owner may continue to operate the establishment for no more than 90 days without a cosmetology manager. The owner shall notify the board that the cosmetology manager is no longer employed or has become otherwise unavailable within 10 days following the cosmetology manager’s last day of employment.
Section 5. Cos 2.09 is created to read:
Cos 2.09 Continuing education. To ensure competency, the board may require specific remedial continuing education requirements for any licensee as part of a disciplinary process.
Section 6. Cos 3.01 (1) is amended to read:
Cos 3.01 (1) Cosmetology, aesthetics, electrology, and manicuring shall not be practiced outside the confines of a licensed establishment except as provided in s.ss. Cos 2.045 and 2.046. Establishments, including floors, walls, ceilings, furniture, equipment, tools, utensils and instruments, shall at all times be in good repair and maintained in an orderly and sanitary condition. Section 7. Cos 4.01 (1) and (3r) are amended to read:
Cos 4.01 (1) All areas of an establishment, or the area of practice outside of an establishment in accordance with the applicable standards, and the equipment, tools, and implements used by licensees for services in an establishment , shall be maintained in a clean, sanitary, and safe condition.
(3r) All items designed to be disposed of after a single use including orangewood sticks, cotton, gauze, neck strips, nail wipes, tissues, sponges, paper towels, wooden applicators and spatulas, emery boards, buffer blocks, pumice stones, sanding bands or sleeves, and disposable nail bits shall be disposed of after each use.
Section 8. Cos 4.04 (3) and 4.045 are created to read:
Cos 4.04 (3) Licensees providing services outside of an establishment shall have available with them at least one of the antiseptics listed in s. Cos 4.05 and have a reasonable supply of bandages and disposable gloves. Cos 4.045 Prohibited materials. Cosmetologists, aestheticians, electrologists, or manicurists are prohibited from using pumice stones or credo razors for providing services.
Section 9. Cos 4.05 is repealed and recreated to read:
Cos 4.05 Procedure for Exposure to Blood.
