Wisconsin Law (1 hour)

Transcription

1 Approved by the Wisconsin Department of Safety and Professional Services and the Wisconsin Cosmetology Examining Board Wisconsin Law (1 hour) Laws Governing the Barbering and Cosmetology Professions and Establishments Provided by ContinuingCosmetology.com

2 TABLE OF CONTENTS page TOPIC 1: Rules related to Responsibilities and Duties (30 minutes) 2 TOPIC 2: Rules related to Professional Licensing (30 minutes) 14 1

3 TOPIC 1: Rules related to Responsibilities and Duties (30 minutes) Outline Responsibilities of the Aesthetician Services offered by Establishments Volunteer Services Rules regarding Nursing Homes and Assisted Living Centers Student Regulations Apprenticeship Rules Continuing Education License Titles available to the Aesthetician Aesthetic duties allowed to Barbers and Cosmetologists Straight Razor Shaving Lash Extensions Manicurist Services Learning objectives: After completing this lesson you will be able to: Describe the scope of practice for body wrapping Define the legalities of fish pedicures Identify the legalities of serving liquor to clients Identify rules for off-site volunteer services for establishments List the conditions of licensure for Nursing Homes List the rules for Assisted Living Centers Describe how a Cosmetology graduate can work in a salon Identify CE requirements Define laws regarding cutting calluses Introduction It is the State Board's duty to protect the public and therefore they must enforce specific rules regarding the State laws of Barbering and Cosmetology. Some services are allowed and some prohibited. All rules are designed for the safety and health of the salon professional as well as the client. In this study we will review select facts regarding licensees, students, apprentices, beauty establishments and other public facilities. This review will focus on the more common questions regarding responsibilities and duties. 2

4 Is a licensed Aesthetician allowed to perform body wraps? Yes, these procedures are within the: scope of practice for an Aesthetician as defined in Wisc. Stat (1) & (2). EXCERPT Definitions (1) Aesthetician means a person who practices aesthetics. (2) Aesthetics means, for compensation, caring for or beautifying the skin of the human body, including but not limited to cleaning, applying cosmetics, oils, lotions, clay, creams, antiseptics, powders or tonics to or massaging, stimulating, wrapping or exercising the skin of the human body. Is a licensed establishment allowed to offer fish pedicures? The Wisconsin Statutes and the Wisconsin Administrative Code do not specifically prohibit fish pedicures. However, licensees should review the: sanitation requirements set forth in bc 4.02, Wisc admin code and the animal prohibitions set forth in bc 3.01(10), Wisc admin code EXCERPT BC 4.02 Disinfection. (1) Unless sterilized, disinfection is required prior to reuse on another patron of any personal care instruments, including scissors, razors, clipper blades and tweezers, excluding tweezers used in electrolysis. (2) Disinfection for scissors, razors, clipper blades and tweezers shall consist of cleaning with soap and water to remove all organic material, wiping with or soaking in a disinfectant as defined in s. BC 1.01, and air drying. (3) Disinfection for combs, lifts, brushes, rollers and any other contact equipment shall consist of cleaning with soap and water to remove all organic material, spraying with a tuberculocidal disinfectant as defined in s. BC 1.01, and air drying. (4) Clean and disinfected contact equipment shall be placed in one or more covered containers. One or more separate containers shall be provided for the immediate storage of soiled contact equipment until cleaned and disinfected. (5) Disinfectant used for decontamination shall be changed daily and shall be kept in a covered container. (6) Laundry shall be disinfected by washing with a solution containing a germicidal compound. BC 3.01 Establishment requirements (10) Pets shall not be kept in an establishment during business hours. 3

5 Is a salon allowed to offer their clients liquor during their appointment? The Wisconsin statutes and the Wisconsin administrative code do not specifically prevent a barber or cosmetology establishment from serving liquor to clients or allowing clients to bring in their own liquor. However, state or local liquor laws may impose restrictions on such activities. Furthermore, the department prohibits employees of the establishment from drinking while on the job and the manager of the establishment has the responsibility of assuring that no intoxicated client becomes a safety risk to employees of the establishment or to other clients. bc 2.03(4), Wisc admin code. EXCERPT BC 2.03 Practice standards (4) Licensees may neither consume alcohol nor take controlled substances during practice, unless prescribed by a physician. Is a licensed establishment with licensed barbers/cosmetologists allowed to offer volunteer services off-site for a charity event? Except as allowed by: Wisc. Admin. Code s. Bc all cosmetology services performed for compensation must be provided in a licensed establishment. If the service is not being performed for compensation (direct or indirect), then the establishment rules do not apply. EXCERPT BC Services outside of a licensed establishment. (1) Licensees shall not provide personal care services outside of a licensed establishment except for persons who are unable to leave their homes because of illness or disability or for persons who are in hospitals, nursing homes, correctional institutions or other institutions. Licensees may provide any personal care service for inmates or patients regardless of whether it is done in a designated area or in the personal room of an inmate, patient or infirm person within an institution or private home. (2) Licensees shall comply with all practice standards set forth in s. BC 2.03 (Practice Standards) in providing services outside of a licensed establishment. What are the rules and regulations for operating an establishment in a nursing home? Nursing homes are not required to obtain establishment licenses upon fulfillment of the following three conditions the residents of the nursing home are unable to visit an off-site salon. the salon only services the residents of the home. the salon employs licensed barbers or cosmetologists. Any establishment requires a manager if it is open for 30 or more hours per week. An establishment only needs one manager. This also applies to an establishment within a nursing home. 4

6 What are the rules and regulations for operating an establishment in an assisted living center? A living center does not directly employ the practitioners who offer services to nursing home residents. Therefore, each licensed practitioner must apply for an individual establishment license. Each licensed practitioner becomes an owner of the booth space. Any licensed establishment requires a manager if it is open for 30 or more hours per week. A licensed establishment only needs one manager. Is a Cosmetology student or a Cosmetology graduate allowed to work in a salon? A cosmetology school graduate may work in a licensed establishment under a temporary permit, granted by the department. Wisc. Stat (10). ESCERPT Licensure (10) TEMPORARY PERMIT. (a) The examining board may issue a temporary permit to practice as a cosmetologist without examination if the applicant meets all of the requirements of sub.(2) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure. (b) The examining board may issue a temporary permit to practice as an aesthetician without examination if the applicant meets all of the requirements of sub. (4) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure. (c) The examining board may issue a temporary permit to practice as an electrologist without examination if the applicant meets all of the requirements of sub. (5) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure. (d) The examining board may issue a temporary permit to practice as a manicurist without examination if the applicant meets all of the requirements of sub. (6) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure. (e) A temporary permit issued under this subsection is valid for not more than 6 months and may not be renewed. The fee for a temporary permit issued under this subsection is specified in s (6). What are the requirements for an apprenticeship? Apprenticeship requirements may be found in ch bc 6, Wisc admin code and Wis. Stat

7 Questions about apprenticeships may also be directed to the apprenticeship program in the department of workforce development. EXCERPT Apprenticeship. (1) All apprentices shall be employed under an apprentice contract under s and shall be governed by s , the apprenticeship rules of the department of workforce development, and the rules of the examining board. (2) Apprentices shall receive at least 3,712 hours of practical training and at least 288 training hours of theoretical instruction in a school of cosmetology in order to complete the apprenticeship program and be eligible to take the examination for a cosmetologist license. Apprentices shall receive training for a total of at least 32 hours per week. The training shall be completed in not less than 2 years and not more than 4 years. (3) (a) No apprentice under this section may practice cosmetology except under the supervision of a licensed cosmetology manager, whose cosmetology license is not an inactive license, or under the supervision of a licensed cosmetologist, whose cosmetology license is not an inactive license, and to whom supervisory authority has been delegated by a licensed cosmetology manager. A licensed cosmetology manager may only delegate supervisory authority to a licensed cosmetologist who has completed at least 2,000 hours of practice as a licensed cosmetologist. (b) Apprentices shall be trained in all branches of practical work and in all subjects required to be taught in schools of barbering or cosmetology as prescribed by the examining board by rule. (4) A person who has successfully completed the requirements of sub. (2) may not continue to practice as an apprentice but may apply for a temporary permit under s (10) (a). How many continuing education credits are required for Apprentices? There are no continuing education requirements for apprentices. Can a licensed Cosmetology instructor provide instruction or supervise students without an instructor certificate? The answer depends on the type of activity. A licensee may not provide practical instruction without an instructor s license. If the instruction is academic or theoretical, a licensee may supervise students, but general supervision, such as an off-site supervision with a record review, is not allowed. The Wisc. Stat (13) has the definition of practical instruction. The Wisc Stat (17) has the definition of theoretical instruction. The Wisc Stat has more information on persons providing practical instruction in specialty schools. Cosmetology profession includes Aestheticians, Electrologists and Manicurists 6

8 EXCERPT Definitions. (13) Practical instruction means training through action or direct contact with a patron or model other than a mannequin (17) Theoretical instruction means training through the study of principles and methods Persons providing practical instruction in specialty schools. (1) No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current cosmetology manager license issued by the cosmetology examining board or a current cosmetology instructor or aesthetics instructor certificate issued by the department. (2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license and a current cosmetology manager license issued by the cosmetology examining board or an electrology instructor certificate issued by the department. (3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetology manager license issued by the cosmetology examining board or a current cosmetology instructor or manicuring instructor certificate issued by the department. How many continuing education credits are required for Cosmetology Instructors? There are no continuing education credits for cosmetology instructors. How many continuing education credits are required for licensees? Four (4) credits are required. Note, new licensees in their first license cycle are exempt from CE. Three (3) hours must be topics of Safety, Sanitation, and Infection Control and One (1) hour must be in topics regarding Wisconsin Laws that govern licensees and Establishments in the field of Barbering and Cosmetology. May a licensee use the title Medical Aesthetician or Paramedical Specialist (or anything similar)? Wis. Stat (2)(f) and bc 2.05(1) prohibit a licensee from false or misleading advertising. Medical or para-medical implies a special level of expertise that the Aesthetician has acquired through education and licensing, despite the fact that no such level exists. When an Aesthetician or Barber/Cosmetologist is acting under a physician s delegation, he or she is not acting under his or her own license, but as a medical employee under a physician s delegation. The use of a medical term in a licensee s title is misleading, and therefore, prohibited. 7

9 EXCERPT Disciplinary proceedings and actions (2) Subject to the rules promulgated under s (1) and this subchapter, the examining board may revoke, limit, suspend, or refuse to issue or renew, in accordance with the severity of the violation, a license or permit issued under this subchapter or reprimand the holder of a license or permit issued under this subchapter if it finds that the holder or applicant has done any of the following: (f) Advertised in a manner which is false, deceptive or misleading. BC 2.05 Advertising. (1) Advertising by licensees shall be truthful and accurate and may not mislead the public Are Aestheticians allowed to perform all of the same duties as a Barber or Cosmetologist? No. An Aesthetician may only care for or beautify the human skin. Aestheticians are not licensed to care for human hair. Wis. Stat (2) EXCERPT Definitions (2) Aesthetics means, for compensation, caring for or beautifying the skin of the human body, including but not limited to cleaning, applying cosmetics, oils, lotions, clay, creams, antiseptics, powders or tonics to or massaging, stimulating, wrapping or exercising the skin of the human body. Is a Barber/Cosmetologist allowed to perform all of the same duties as an Aesthetician (skin care)? In Wisconsin, a person holding a Cosmetology licensee can provide all the same services as an Aesthetician. Wisc. Stat. s (2) for a complete definition of barbering and Wis. Stat. s (7m) for the practice of cosmetology. EXCERPT Definitions (2) Barbering means, for compensation, arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waving, cutting, shaving, trimming, relaxing, singeing, or performing similar work upon the hair of the head, neck, or face of any person by any means. Barbering does not include the removal of a person s hair at the root or the application of temporary or permanent eyelash extensions to the eyelashes of a person Definitions. (7m) Cosmetology means, for compensation, performing one or more of the following: (a) Barbering. (b) Aesthetics. (c) Manicuring. (d) The removal of hair of any person at the root, except by use of an electric needle. 8

10 May a licensee do a straight edge razor shave in Wisconsin? The Wisconsin Statutes and the Wisconsin Administrative Code do not specifically prohibit the use of straight edge razors. However, because the strop or whetstone used to sharpen the razor cannot be cleaned as required by sanitation standards, they are for all purposes banned. bc 4.02 and 4.03 EXCERPT BC 4.02 Disinfection. (1) Unless sterilized, disinfection is required prior to reuse on another patron of any personal care instruments, including scissors, razors, clipper blades and tweezers, excluding tweezers used in electrolysis. (2) Disinfection for scissors, razors, clipper blades and tweezers shall consist of cleaning with soap and water to remove all organic material, wiping with or soaking in a disinfectant as defined in s. BC 1.01, and air drying. (3) Disinfection for combs, lifts, brushes, rollers and any other contact equipment shall consist of cleaning with soap and water to remove all organic material, spraying with a tuberculocidal disinfectant as defined in s. BC 1.01, and air drying. (4) Clean and disinfected contact equipment shall be placed in one or more covered containers. One or more separate containers shall be provided for the immediate storage of soiled contact equipment until cleaned and disinfected. (5) Disinfectant used for decontamination shall be changed daily and shall be kept in a covered container. (6) Laundry shall be disinfected by washing with a solution containing a germicidal compound. BC 4.03 Sterilization. (1) Sterilization in ss. BC 4.07, 4.09 and 4.10 shall be accomplished by use of a dry heat or steam sterilizer cleared for marketing by the food and drug administration, used according to manufacturer s instructions. If steam sterilization, moist heat, is utilized, heat exposure shall be at a minimum of 121 C., 250 F., for at least 30 minutes. If dry heat sterilization is utilized, heat exposure shall be at a minimum of 171 C., 340 F., for at least 60 minutes. (2) Sterilizers shall be maintained in working order. Equipment shall be checked in compliance with manufacturer s recommendations at least monthly to ensure that it is reaching required temperatures. 9

11 Who can perform eyelash extensions? That service is not regulated by the Department of Safety and Professional Services or the Cosmetology Examining Board. When may a licensee perform laser hair removal, chemical peels, or microdermabrasion? The use of a laser is a medical act. A licensee may only perform laser hair removal with six hours of training, and under a physician s supervision. bc 2.025(2)(a). EXCERPT BC Delegated medical procedures (2) Delegated medical procedures include the following: (a) Laser hair removal services. Prior to providing any laserhair removal procedures, a licensee shall complete advanced training in the use of laser devices in a training program of not less than 6 hours. If the training program is provided in a setting other than a licensed school of cosmetology or barbering, the program shall incorporate all of the following: 1. The training shall be conducted by a trainer who has been a practicing aesthetician, a barbering or cosmetology instructor, an aesthetics instructor, or a barbering or cosmetology manager for a minimum of one year, and who has completed a course in laser training provided by a licensed school of cosmetology or barbering, or provided by a licensed school of aesthetics. A licensed physician may also provide the training. 2. Trainees receive hands on training which includes actual use of the laser device under the supervision and guidance of the trainer. 3. The training is documented by a certificate of completion which sets forth the length of the training and the type of device and which is signed by the trainer and includes the trainer s license number. 4. The licensee posts in a conspicuous location in the immediate area where the procedure is carried out the certificate of completion of the training required in subd Licensees providing laser hair removal procedures shall complete each biennium at least 6 continuing education credit hours acceptable to the board in laser hair removal. This coursework shall be in addition to any other continuing education requirements required by the board for license renewal. Licensees shall maintain records of continuing education hours for at least 5 years from the date the coursework is completed. Certain chemical skin peels, or chemical exfoliations, are exempt from a physician s delegation. A licensee does not need a physician for the application of commercially available exfoliation products in accordance with the manufacturer s instructions. These commercially available products must meet the criteria in bc 2.025(2)(c)(1) and (2) 10

12 EXCERPT BC Delegated medical procedures (2) Delegated medical procedures include the following: (c) Chemical exfoliation, except for application of commercially available exfoliation products utilized in accordance with the manufacturers instructions, limited to the following: 1. Alpha hydroxyl acids of 30% or less, with a ph of not less than Salicylic acids of 20% or less, with a ph of not less than 3.0. Microdermabrasion is within the scope of practice only when the practitioner meets all of the requirements in bc 2.025(2r). BC Delegated medical procedures (2r) A licensee may utilize microdermabrasion devices in his or her practice without medical supervision if all of the following conditions are met: (a) The device shall be of an aesthetic grade and not labeledas a prescription device by the United States Food and Drug Administration. Only FDA approved Class I machines may be used pursuant to this subsection. (b) The device utilizes a closed loop negative pressure system that incorporates a tissue retention device. (c) The normal and customary use of the device results in the removal of only the surface epidermal cells of the skin. (d) Eye protection is provided to the client and protective gloves are worn by the operator. (e) Microdermabrasion services are not provided within 48 hours before or after a chemical exfoliation. (f) The licensee has performed a pretreatment assessment on the client and reviewed the results with the client. (g) The client has given written consent prior to the administration of the services. The consent shall contain all of the following: 1. A statement setting forth in general terms the nature and purpose of the procedure or procedures, together with the known risks associated with the procedure or procedures, if reasonably determinable. 2. A statement that acknowledges that the disclosure of that information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner. 3. The signature of the client for whom the procedure is to be performed, or if the client for any reason lacks legal capacity to consent, is signed by a person who has legal authority to consent on behalf of that client. (h) The licensee has completed advanced training in the use of microdermabrasion devices in a training program of not less than 6 hours. If the training program is provided in a setting other than a licensed school of cosmetology or barbering, the program shall incorporate all of the following: 11

13 1. The training shall be conducted by a microdermabrasion trainer who has been a practicing aesthetician, a barbering or cosmetology instructor, an aesthetics instructor, or a barbering or cosmetology manager for a minimum of one year, and who has completed a 40 hour course in microdermabrasion training provided by a licensed school of cosmetology or barbering, or provided by a licensed school of aesthetics. A licensed physician may also provide the training. 2. Trainees receive hands on training which includes actual use of the microdermabrasion device under the supervision and guidance of the trainer. 3. The training is documented by a certificate of completion which sets forth the length of the training and the type of device and which is signed by the trainer and includes the trainer s license number. (i) The licensee posts in a conspicuous location in the immediate area where the procedure is carried out the certificate of completion of the training required in par. (h). (j) The licensee shall complete at least 6 continuing education credit hours acceptable to the board in microdermabrasion each biennium. This coursework shall be in addition to any other continuing education requirements required by the board for license renewal. Licensees shall maintain records of continuing education hours for at least 5 years from the date the coursework is completed. At all other times, microdermabrasion is a delegated medical act. The person providing the service must be licensed and the facility in which the service is offered muse hold an establishment license. Is a certified nursing assistant allowed to wash and cut patients hair? Yes. Personal care services performed in a hospital or licensed nursing home under the supervision of a person responsible for patient care is not regulated by the board. Is a licensed practitioner allowed to offer services outside of an establishment at an adult day care? No. The only exception for practicing outside of an establishment is for clients who are unable to leave their homes. Because adult day care facilities only provide day-time services, they do not qualify for this exception. bc BC Services outside of a licensed establishment. (1) Licensees shall not provide personal care services outside of a licensed establishment except for persons who are unable to leave their homes because of illness or disability or for persons who are in hospitals, nursing homes, correctional institutions or other institutions. Licensees may provide any personal care service for inmates or patients regardless of whether it is done in a designated area or in the personal room of an inmate, patient or infirm person within an institution or private home. (2) Licensees shall comply with all practice standards set forth in s. BC 2.03 in providing services outside of a licensed establishment. 12

14 Is a Manicurist allowed to cut calluses? Yes. Wis. Admin. Code bc 1.01(3r) states: cutting, as used at s (13), stats., means exclusively the cutting of human nails, cuticles and calluses, and does not refer to any other invasive procedure May a licensed nail technician who is working on premises where Aestheticians are present perform a facial? No, a manicurist is limited to procedures within their scope of practice and facials are outside that scope. Is there a minimum age limit for clients who want to have acrylic nails applied? Good judgment and common sense dictate that certain individuals are too young or may be put at risk by unnecessary treatments. However there are no definitive age limits for acrylic nails as there are for tattoos and piercing. Are nail tech students allowed to do nails if they do not charge for the service? Yes, manicuring is defined as the cleansing, cutting, shaping, beautifying or massaging of the hands, feet or nails of the human body for compensation. Services provided without charge are not restricted. All rules of the Wisconsin Statues and Administrative Code are important. All rules are relevant to licensees and establishments in one way or another. Rules assist the licensed professional understand the Beauty and Personal Care Service Industry. Let's turn our attention to the next topic where we find additional information on the subject of rules and regulations. Topic Summary All rules of the Wisconsin Statues and Administrative Code are important and relevant to licensees and establishments in one way or another. Rules assist the licensed professional to understand the Beauty and Personal Care Service Industry. We can now describe the practice of body wrapping, the legalities of fish pedicures, the legalities of serving liquor to clients, the rules for off-site volunteer services for establishments and Nursing Homes and Assisted Living Centers. We can now define how a Cosmetology graduate can work in a salon. We also can list and describe continuing education credit hours required to renew a state issued license. And lastly, we can clearly identify laws that govern the practice of cutting calluses. Now let's turn our attention to the next topic where we find additional information on the subject of rules and regulations. 13

15 TOPIC 2: Rules related to Professional Licensing (30 minutes ) Outline Aestheticians Aesthetics Establishments Cosmetology Apprentices Cosmetology Establishments Cosmetology Managers Cosmetology Practitioners Electrologists Electrologist Establishments Manicurists Manicurist Establishments Learning objectives: After completing this lesson you will be able to: Describe education requirements to obtain a license Identify training requirements to obtain a license Describe the licensing exam Define endorsements Identify how to obtain a temporary license Define how to obtain and inactive license Describe a reinstatement Identify how to obtain an Apprentice Permit Describe how to obtain a Practitioner Credential Introduction Wisconsin Board of Barbering and Cosmetology implements rules and regulations for licensees. They enforce certain rules and regulations that allow for orderly licensing of all professions in the fields of Barbering and Cosmetology. We will begin our study by reviewing rules that govern specific fields of license. We will review licensing rules of the professional Aesthetician and Aesthetician Establishments, We will then review all of the categories of license regarding Cosmetologists and Cosmetology Establishments. There are 3 types of licenses for Cosmetologists: Apprentice, Practitioner, and Manager. We will also review the rules for Electrologists, Electrology Establishments, Manicurists and Manicuring Establishments. Although similar in regulations, there are some differences when obtaining a license, renewing, reinstating, or placing your license in an inactive status. 14

16 Aesthetician Read the following excerpt from Chapter 454 of the Wisconsin Statutes and Administrative Code EXCERPT Licensure (4) AESTHETICIAN LICENSE. The examining board shall issue an aesthetician license to any person who does all of the following: (a) Satisfies the conditions in sub. (1). (b) Completes either of the following: 1. A course of instruction in aesthetics of at least 450 training hours in not less than 11 weeks and not more than 30 weeks, in a school of cosmetology or a school of aesthetics licensed under s (3) (ar) or (b) or exempted under s At least 450 training hours in not less than 11 weeks and not more than 30 weeks under the supervision of a cosmetology instructor or aesthetics instructor certified under s (3) (am) or (b) or a licensed cosmetology manager, in a licensed establishment that is also licensed as a specialty school of aesthetics under s (4) (a). (c) Passes an examination conducted by the examining board to determine fitness to practice as an aesthetician. To clarify this rule, let's review the major aspects. To obtain an Aesthetician license by examination you must first Complete ONE of the following education requirements: Graduate from high school Attain high school graduation equivalency participate in a program approved by the department Be at least 18 years of age and meet the ability to benefit rule under 20 USC 1091 Complete ONE of the following training requirements: A course of instruction in aesthetics of at least 450 training hours in no less than 11 weeks and no more than 30 weeks in a school of cosmetology or a school of aesthetics licensed by the Department. At least 450 hours of training in no less than 11 weeks and no more than 30 weeks under the supervision of an aesthetics instructor or a cosmetology instructor licensed by the Department. Pass the examination Aesthetician applicants who have completed all training may be issued a temporary permit to practice for up to 6 months. 15

17 To obtain an Aesthetician license by endorsement you must have Completed at least 4,000 hours of licensed practice. If you are licensed as an Aesthetician in another state the examining board may issue a license to practice Barbering or Cosmetology, Aesthetics, Electrology or Manicuring or to practice as a Cosmetology Manager to an applicant who is licensed in another state or territory of the United States or in another country to perform services which are substantially the same as those performed by licensees in this state and to who either of the following applies: The applicant has at least 4,000 hours of experience in licensed practice, has never been disciplined by the licensing authority of another jurisdiction and is not a party to a proceeding before the licensing agency in which it is alleged that the applicant was negligent in the licensed practice or violated the law relating to the licensed practice Any applicant who does not meet the above licensing and experience requirements must graduate from a cosmetology school licensed in Wisconsin. Wisconsin Statutes do not allow for exemptions from the above requirements. Required Information To Be Submitted Application for License (Form #1681). The posted license fee. Verification of Employment (Form #1682) to verify 4,000 hours of licensed practice, must be completed in its entirety by the manager/owner of the licensed establishment. Any alterations will void this form. Verification of Self-Employment (Form #2168) should only be completed if you owned a cosmetology establishment; not if you were employed by another establishment. This form should be submitted with your application. Certification (Form #373) to be completed by each state in which you have been issued a license. You must hold a current license in at least one state. The certification form must be sent by the state directly to our office If you are licensed in another country, you must submit acceptable documentation that you have met the legal requirements for practice in that country. Sources of acceptable documentation include - but are not limited to a notarized copy of your license from the government office responsible for licensure, or a notarized statement from an embassy official for the country where you are licensed describing the requirements for practice and attesting that you meet those requirements. 16

18 If you are submitting documents in a language other than English, it is your responsibility to include translations into English for all documents submitted. You must submit both the document in the language of its country of origin and the translation. Documents cannot be translated by the applicant or by family members. Translators must provide a signed statement including contact information, attesting to their qualifications, and attesting to the accuracy of the translation. #1683 To obtain a temporary Aesthetician license: Rules to obtain a temporary license are the same as to obtain a license by examination. To obtain an Inactive Aesthetician license: Fill out Form #R454 Renewal Addendum and submit it to the department. To reinstate an Aesthetician license: A person whose license has been expired for more than 5 years is required to pass the current licensing examination (written and practical) to demonstrate minimum competency in services and subjects substantially related to practice and public health and safety. To request an approval letter to take the examination, you must call or send an to the Department with the following information: your name (prior names if your name has changed), your license number and your current address. You will be required to submit the reinstatement fee to the Department of Safety & Professional Services after passing the examination. To renew an Aesthetician license you must Pay the renewal fee and Complete continuing education courses. You may renew On-line or use a Paper Renewal Form Inactive Status If you do not intend to practice and want your license to be placed on Inactive Status per Wis. Stats (8m) & (6), you cannot renew online. You must use a paper renewal form use form R454 Aesthetics Establishment All establishments where aesthetics is practiced must be licensed either as an Aesthetics establishment or a Cosmetology establishment, and must have an Aesthetician or a Cosmetology manager or practitioner to provide services. 17

19 obtain a license before opening a new business, relocating an existing business, or a changing the ownership of the business. To obtain a new license an Aesthetics Establishment must submit a completed Application a Compliance Inspection Report a floor plan of the establishment a $75.00 credentialing fee To reinstate an Aesthetics Establishment license that has been expired more than 5 years, you must submit a completed Application. a Compliance Inspection Report a floor plan of the establishment a $ reinstatement fee Cosmetology Apprentice To Obtain a Cosmetology Apprentice Permit you must Complete Form the apprenticeship contract provided by the Department of Workforce Development (DWD) and obtain an apprentice permit. Fee is $10 for the initial permit. To Obtain A Cosmetology Practitioner Credential you must Complete 288 training hours of instruction in theory at an approved school of barbering or cosmetology and Complete 3,712 hours of practical training. Training must be at least 32 hours per week and be completed in not less than 2 or more than 4 years. Contact Pearson VUE for application materials to verify education and training and to register for the examination. Pass both the written and practical examinations. A credential to practice will be mailed after verification of passing both the written and practical examinations is received. Cosmetology Establishment All establishments where cosmetology is practiced must be licensed as a Cosmetology Establishment and have a Cosmetology Manager. Establishments obtain a license before opening a new business, relocating an existing business, or a changing the ownership of the business. 18

20 To obtain a new Cosmetology Establishment license you must submit a completed Application a Compliance Inspection Report a floor plan of the establishment a $75.00 credentialing fee To reinstate a Cosmetology Establishment license that has been expired more than 5 years, you must submit a completed Application a Compliance Inspection Report a floor plan of the establishment a $ reinstatement fee Cosmetology Manager Read the following excerpt: Chapter 454 of the Wisconsin Statutes and Administrative Code EXCERPT Licensure (3) COSMETOLOGY MANAGER LICENSE. The examining board shall issue a cosmetology manager license to any person who does all of the following: (a) Holds a cosmetologist license. (b) Completes 4,000 hours of practice as a licensed cosmetologist under the supervision of a licensed cosmetology manager or completes 2,000 hours of practice as a licensed cosmetologist and 150 training hours of theoretical instruction in a school of cosmetology licensed under s (3) (ar) or exempted under s (c) Pays the fee under s (1). (d) Passes an examination conducted by the examining board to determine fitness to practice as a cosmetology manager. To clarify this rule, let's review important aspects. License By Examination To obtain a Wisconsin Cosmetology Manager license: obtain a Wisconsin Cosmetologist license complete the training and/or experience: Option A: 4,000 hours of practice as a licensed cosmetologist under the supervision of a licensed Cosmetology Manager OR Option B: 150 training hours of theoretical instruction in a school of cosmetology licensed by the Department and 2,000 hours of practice as a licensed cosmetologist. take and pass the exam given by Pearson VUE 19

21 Cosmetology Manager License By Endorsement If you are currently licensed in another state and have completed at least 4,000 hours of licensed practice, you may apply for a license by endorsement. Reinstatement of Cosmetology Manager License A person whose license has been expired for more than 5 years is required to pass the current licensing examination (written and practical) to demonstrate minimum competency in services and subjects substantially related to practice and public health and safety. submit the reinstatement fee to the Department of Safety & Professional Services after passing the examination. Cosmetology Practitioner To obtain a Cosmetology Practitioner license by examination: Complete ONE of the following education requirements: Graduate from high school Attain high school graduation equivalency participate in a program approved by the department Be at least 18 years of age and meet the ability to benefit rule under 20 USC 1091 Complete ONE of the following training requirements: Graduate from a course of instruction of at least 1,800 training hours in no less than 10 months in a school of cosmetology licensed by the Department Successfully complete an apprenticeship of at least 3,712 hours of practical training at at least 288 training hours of theoretical instruction in a school of cosmetology Pass the examination Applicants who have completed all training may be issued a temporary permit to practice for up to 6 months. To obtain a Cosmetology Practitioner license by endorsement If you are currently licensed in another state and have completed at least 4,000 hours of licensed practice, you may apply for a license by endorsement. To obtain an Inactive Cosmetology Practitioner license: Fill out Form #R454 Renewal Addendum and submit it to the department. To reinstate a Cosmetology Practitioner license: A person whose license has been expired for more than 5 years is required to pass the current licensing examination (written and practical) to demonstrate minimum competency in services and subjects substantially related to practice and public health and safety. 20

22 submit the reinstatement fee to the Department of Safety & Professional Services after passing the examination. Electrologist Read the following excerpt: Chapter 454 of the Wisconsin Statutes and Administrative Code EXCERPT Licensure (5) ELECTROLOGIST LICENSE. The examining board shall issue an electrologist license to any person who does all of the following: (a) Satisfies the conditions in sub. (1). (b) Completes either of the following: 1. A course of instruction in electrology of at least 450 training hours in not less than 11 weeks and not more than 30 weeks, in a school of cosmetology, or a school of electrology licensed under s (3) (ar) or (c) or exempted under s At least 450 training hours in not less than 11 weeks and not more than 30 weeks under the supervision of an electrology instructor certified under s (3) (c), or a licensed electrologist who is also a licensed cosmetology manager, in a licensed establishment that is also licensed as a specialty school of electrology under s (4) (b). (c) Passes an examination conducted by the examining board to determine fitness to practice as an electrologist. To obtain an Electrologist license by examination: Complete ONE of the following education requirements: Graduate from high school Attain high school graduation equivalency participate in a program approved by the department Be at least 18 years of age and meet the ability to benefit rule under 20 USC 1091 Complete ONE of the following training requirements: A course of instruction in Electrology of at least 450 training hours in no less than 11 weeks and no more than 30 weeks in a school of cosmetology or a school of Electrology licensed by the Department. At least 450 hours of training in no less than 11 weeks and no more than 30 weeks under the supervision of an Electrology instructor licensed by the Department. Pass the examination Applicants who have completed all training may be issued a temporary permit to practice for up to 6 months. 21

23 To obtain an Electrologist license by endorsement: If you are currently licensed in another state and have completed at least 4,000 hours of licensed practice, you may apply for a license by endorsement. To obtain an Inactive Electrologist license: Fill out Form #R454 Renewal Addendum and submit it to the department. To reinstate an Electrologist license: A person whose license has been expired for more than 5 years is required to pass the current licensing examination (written and practical) to demonstrate minimum competency in services and subjects substantially related to practice and public health and safety. submit the reinstatement fee to the Department of Safety & Professional Services after passing the examination. Electrology Establishment All establishments where Electrology is practiced must be licensed either as an Electrology establishment or a Cosmetology establishment, and must have an Electrologist or a Cosmetology manager or practitioner to provide services. obtain a license before opening a new business, relocating an existing business, or a changing the ownership of the business. To obtain a new Electrology establishment license you must submit a completed Application a Compliance Inspection Report a floor plan of the establishment a $75.00 credentialing fee To reinstate an Electrology establishment license that has been expired more than 5 years you must submit a completed Application a Compliance Inspection Report a floor plan of the establishment $ reinstatement fee Manicurist Read the following excerpt: Chapter 454 of the Wisconsin Statutes and Administrative Code EXCERPT Licensure (6) MANICURIST LICENSE. The examining board shall issue a manicurist license to any person who does all of the following: (a) Satisfies the conditions in sub. (1). (b) Completes either of the following: 22

24 1. A course of instruction in manicuring of at least 300 training hours in not less than 7 weeks and not more than 20 weeks, in a school of cosmetology or a school of manicuring licensed under s (3) (ar) or (d) or exempted under s At least 300 training hours of training in not less than 7 weeks and not more than 20 weeks under the supervision of a cosmetology instructor or manicuring instructor certified under s (3) (am) or (d) or a licensed cosmetology manager, in a licensed establishment that is also licensed as a specialty school of manicuring under s (4) (c). (c) Passes an examination conducted by the examining board to determine fitness to practice as a manicurist. To obtain a Manicurist license by examination you must Complete ONE of the following education requirements: Graduate from high school Attain high school graduation equivalency participate in a program approved by the department Be at least 18 years of age and meet the ability to benefit rule under 20 USC 1091 Complete ONE of the following training requirements: A course of instruction in manicuring of at least 300 training hours in no less than 7 weeks and no more than 20 weeks in a school of Cosmetology or a school of manicuring licensed by the Department. At least 300 hours of training in no less than 7 weeks and no more than 20 weeks under the supervision of a manicuring instructor or a cosmetology instructor licensed by the Department. Pass the examination Applicants who have completed all training may be issued a temporary permit to practice for up to 6 months. To apply for a temporary permit and schedule an appointment to take the exam, contact the Department's contracted vendor, Pearson VUE, To obtain a Manicurist license by endorsement: If you are currently licensed in another state and have completed at least 4,000 hours of licensed practice, you may apply for a license by endorsement. To reinstate a Manicurist license: A person whose license has been expired for more than 5 years is required to pass the current licensing examination (written and practical) to demonstrate minimum competency in services and subjects substantially related to practice and public health and safety. submit the reinstatement fee to the Department of Safety & Professional Services after passing the examination. 23

25 Manicuring Establishment All establishments where manicuring is practiced must be licensed either as a manicuring establishment or a Cosmetology establishment, and must have a manicurist or a Csmetology manager or practitioner to provide services. obtain a license before opening a new business, relocating an existing business, or a changing the ownership of the business. To obtain a new Manicuring Establishment license you must submit a completed application a Compliance Inspection Report a floor plan of the establishment a $75.00 credentialing fee To reinstate a Manicuring Establishment license that has been expired more than 5 years you must submit a completed Application a Compliance Inspection Report a floor plan of the establishment a $ reinstatement fee Course Summary We have now reviewed key elements of important rules that regulate licensees and establishments, such as: services offered by establishments, volunteer services, nursing home and assisted living centers, as well as Cosmetology students and apprentices. We have also learned about continuing education rules and prohibited practices. All laws and rules must be followed to be in good standing regarding licensing. Whether you are a Cosmetologist, Aesthetician, Manicurist, Electrologist, or hold an Establishment license, it is recommended to know all laws created by the state of Wisconsin because laws do effect each licensee as well as the extended public. Your place of employment must also consistently be in compliance with all rules and regulations set forth by the Board. Please continue to regularly research updated information for yourself and remember to check with the State Board from time to time for any changes in laws governing the practices of Barbering & Cosmetology and Professional Establishments. Credits: ContinuingCosmetology.com copyright c 2013 Publisher PO Box , Orlando, FL Wisconsin Department of Safety and Professional Services 1400 E. Washington Avenue Madison, WI Cosmetology Examining Board 24