Rule-Making Notices
Notice of Hearing
Barbering and Cosmetology Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Barbering and Cosmetology Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
454.12, Stats., the Barbering and Cosmetology Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber and amend section
BC 9.02; to repeal and recreate section
BC 9.01; and to create section
BC 9.02 and Chapter
BC 11, relating to renewal, reinstatement of license, and continuing education.
Hearing Information
Date: September 14, 2009
Time: 9:45 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, Wisconsin
Appearances at the Hearing and Submission of Written Comments
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 Pamela Haack, Department of Regulation and Licensing, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 25, 2009, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
pamela.haack@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
The Barbering and Cosmetology Examining Board is granted the authority under s.
454.12, Stats., to promulgate rules that establish continuing education requirements for licensure.
Plain language analysis
This proposed rule-making creates continuing education requirements for licensure. It also creates criteria for the approval of continuing education programs and the types of programs required to be taken for license renewal.
SECTION 1 repeals and recreates a provision that sets out the requirements for license renewal. There is no equivalent provision in the current rule. The requirements for renewal of a license are that the applicant must complete a form prescribed by the department, submit a fee determined by the department, and have fulfilled the continuing education requirements within the biennial period immediately preceding application.
SECTION 2 renumbers and amends a provision that allows the board to require an applicant for reinstatement of their license to take an examination. An applicant for reinstatement is someone whose license has been expired for 5 or more years. The amendment clarifies that the examination the applicant has to pass is the state board examination.
SECTION 3 creates a provision relating to late license renewals and makes it consistent with current statutory language regarding how initial and renewal license fees are determined.
SECTION 4 creates ch.
BC 11 that establishes continuing education requirements for license renewal and criteria for the approval of continuing education courses. There are currently no requirements for continuing education for any licensee under the Barbering and Cosmetology Examining Board.
Chapter
BC 11 creates a requirement that applicants for renewal licenses must have obtained 12 credits of continuing education during the 2-year period immediately preceding the license renewal date. A licensee must obtain the following types and number of credit hours: 2 credit hours reviewing the laws governing their profession; 4 credit hours in safety, sanitation and infection control; and 6 credit hours directly related to the provision of services allowed under the applicant's license. One hour of instruction equals one continuing education credit hour. One hour of teaching equals one continuing education credit hour and a maximum of 4 credit hours may be obtained by teaching in a biennium. Applicants are exempt from the continuing education requirement for their first license renewal. Licensees who have held an active Wisconsin license for 30 or more years are only required to obtain 6 credit hours within a biennium. They must obtain 2 credit hours in reviewing the laws governing their profession and 4 credit hours in safety, sanitation and infection control.
Chapter
BC 11 also provides that if a licensee fails to complete the continuing education requirement prior to renewal, the first credit hours obtained after the renewal date will be applied to the preceding biennium. Those credit hours may not be counted in any other biennium.
Each licensee is required to obtain a certificate of completion from the program provider for each continuing education course completed. The licensee must keep the certificates for 5 years and provide a copy of them to the department for auditing of compliance.
Chapter
BC 11 also gives the board the ability to grant a waiver, partial waiver or postponement of the continuing education requirement in cases of hardship.
The rule specifies that the following are approved as continuing education programs: programs provided by a state licensed school, workshops presented by a state or national professional organization, and programs presented by a state licensed instructor. In addition, the board may approve other programs that offer significant professional educational benefits for licensees that are presented by a university, technical college, or product distribution company.
Licensees will be required to have 6 continuing education credit hours to renew licenses at the March 1, 2011 renewal date. Two of those shall be in law and 4 in safety, sanitation and infection control. Licensees will be required to have 12 continuing education credit hours to renew licenses at the March 13, 2013 renewal date.
Comparison with federal regulations
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states
Illinois
Continuing education requirements are as follows: Ten hours are required for estheticians, 14 hours for cosmetologists, and 10 hours for nail technicians for each biennial renewal. There are no requirements for barbers.
Iowa
Continuing education requirements are 8 hours each for barbers, cosmetologists, nail technicians, and estheticians.
www.idph.state.ia.us
Michigan
Minnesota
Cosmetologists, manicurists, and estheticians must provide documentation that they have practiced for a certain amount of hours in the previous 3 year period or have taken an approved 40 hour refresher course. This requirement does not exist for barbers. These professions do not have continuing education requirements.
www.bceboard.state.mn.us
Summary of factual data and analytical methodologies
The comparison information with the rules in adjacent states was obtained directly from contact with those states and a review of their rules. The comparison to the adjacent states demonstrates that the proposed rules are substantially consistent with the rules in those states. In addition, the Barbering and Cosmetology Examining Board examined models of continuing education from national organizations related to their profession, as well as from other Wisconsin regulatory boards.
Analysis and supporting documents used to determine effect on small business
Internet research, as well as telephone surveys were conducted regarding the availability and costs related to continuing education in the cosmetology profession. Continuing education credits are available at an average cost range of $10-$25 per credit hour, and are available in a wide array of modes (online, video correspondence, workshops, etc.). That data was compared with the requirements outlined in the proposed rules and based thereon, appears that while individual licensees will see a slight increase in the cost associated with doing business as a result of these rules, the rules will have no significant impact on a substantial number of small businesses.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Small Business Impact
These proposed rules were reviewed by the department's Small Business Review Advisory Committee who determined that the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@wisconsin.gov, or by calling (608) 266-8608.
Fiscal Estimate
The department estimates that this rule will require staff time in the Division of Enforcement, Division of Management Services, and the Office of Exams. The total one-time salary and fringe costs are estimated at $26,172. The total on-going salary and fringe costs are estimated at $40,228.
Agency Contact Person
Pamela Haack, Paralegal
Department of Regulation and Licensing
Division of Board Services
1400 East Washington Avenue
Room 152
