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) LicenseesA licensee 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 Cos 2.045 is repealed and recreated to read: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. A licensee 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, an appropriately credentialed licensee 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 regarding the use of chemical processes 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 a cosmetology at least one licensed cosmetologist to act as a full-time manager who shall have direct authority over the operations of the establishment ensure that the establishment operates in compliance with state statutes and administrative rules. 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 may not use pumice stones or credo razors when providing services.
Section 9. Cos 4.05 is repealed and recreated to read:
Cos 4.05 Procedure for exposure to blood.
(1) In the case of any patron injury, such as a scissors cut, razor cut, needle stick, laceration or other exposure to blood, broken skin, or a mucous membrane, the licensee shall do all of the following:
(a) Stop service.
(b) Put gloves on hands.
(c) Assist the client with rinsing the exposed area using soap and water. Pat dry with a towel.
(d) Provide the patron with disinfectant such as iodine, 70% isopropyl alcohol, or 6% stabilized hydrogen peroxide or equivalent.
(e) Provide the patron with an adhesive bandage if appropriate.
(f) Dispose of single use items in the trash container and clean and disinfect all implements.
(g) Clean and disinfect the workstation.
(h) Remove gloves and wash hands before resuming service.
(2) In the case of any licensee injury that may expose a patron to blood, broken skin, or a mucous membrane, the licensee shall do all of the following:
(a) Stop service.
(b) Explain the situation to the patron.
(c) Rinse the area with soap and water.
(d) Apply disinfectant such as iodine, 70% isopropyl alcohol, or 6% stabilized hydrogen peroxide or equivalent.
(e) Apply an adhesive bandage.
(f) Dispose of single use items in the trash container.
(g) Put gloves on hands.
(h) Clean and disinfect all implements and clean and disinfect the workstation.
(i) Replace gloves and return to service.
(3) A licensed establishment shall post a written protocol describing the procedure for unintentional occupational exposure to bodily fluids described in subs. (1) and (2). The protocol shall be posted in a place conspicuous to licensees.
Section 10. Cos 5.015 is created to read:
Cos 5.015 Persons providing practical instruction in schools and specialty schools. No person may use the title, “Wisconsin certified cosmetologist, aesthetician, electrologist, or manicurist instructor,” or use any title that implies the person is a Wisconsin certified instructor, or represents the person to be a Wisconsin certified instructor under this chapter unless the person holds a current license in cosmetology, aesthetics, electrology, or manicuring and meet the requirements under s. 440.63 (3), Stats. Section 11. Cos 8.005 (title), (intro.), (1), (2) and (3) are created to read:
