CR 22-085 Rule Text

Microdermabrasion is currently considered a delegated medical procedure that must be supervised, with exceptions laid out in Cos 2.025 (2r).

Plain language analysis:

The proposed rule creates definitions for “Chemical process,” “Dermaplaning,” “Impact,” “Microblading,” “Microneedling,” and “Stratum Corneum,” clarifies that licensees are not permitted to diagnose diseases of the skin, and modifies the acceptable pH of certain acids used as part of cosmetic or aesthetic procedures.

The proposed rule also provides that under specific circumstances the scope of practice for aesthetics includes dermaplaning, eyelash and eyebrow tinting, microblading, utilization of electromagnetic radiation, use of electric current, use of thermal energy, and microdermabrasion.

The proposed rule also clarifies that courses may be offered to students remotely as deemed appropriate by the school and approved by the Board. Schools may use simulated patrons for practical training upon prior written approval from the Board. The proposed rule makes other changes to definitions consistent with industry practice.

Summary of, and comparison with, existing or proposed federal regulation:

There are no existing or proposed federal requirements.

Comparison with rules in adjacent states:

Illinois: Cosmetologists are prohibited from using any technique, product, or practice intended to affect the living layers of the skin. Estheticians are prohibited from using techniques, products, and practices intended to affect the living layers of the skin.

Iowa: Iowa code prohibits cosmetologists/estheticians from administering any procedure in which the human tissue is cut, shaped, vaporized, or otherwise structurally altered. The code specifically prohibits dermaplaning.

Michigan: Under Michigan law, the practice of microdermabrasion is limited to the direct supervision and control of a licensed physician. Microblading is considered a body art procedure that must be performed at a licensed body art facility.

Minnesota: Minnesota allows cosmetologists to perform dermaplaning and microdermabrasion unsupervised if they have additional training and an advanced practice esthetician license. Minnesota requires a tattoo license to perform microblading and does not allow cosmetologists/estheticians/advanced practice estheticians to perform it unless under supervision of a physician.

Summary of factual data and analytical methodologies:

The Cosmetology Examining Board reviewed their rules to ensure statutory compliance and that the rules are consistent with current practices. Additionally, an advisory committee consisting of members licensed by both the Cosmetology Examining Board and the Medical Examining Board collaborated to provide a series of recommendations to guide the Board’s decisions.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rule was posted for 14 days on the department’s website to solicit economic impact comments from stakeholders. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The fiscal estimate and economic impact analysis are attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Dana Denny, 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 [phone]; email at [e-mail].

TEXT OF RULE

Section 1. Cos 2.01 is created to read:

Cos 2.01 Definitions. For the purposes of this chapter:

(1) “Chemical process” means the use of chemical reactions to change the texture, style, or length of hair, skin, or nails.

(2) “Dermaplaning,” also referred to as dermablading, means a skin resurfacing procedure that uses a scalpel and blade held at a 45-degree angle to the skin to remove hair and some of the stratum corneum.

(3) “Impact” means to touch, change, alter, modify, or transform.

(4) “Microblading” means a permanent makeup technique in which a handheld tool made of several tiny needles is used to cut into the skin in fine, short strokes to insert pigment to change its appearance.

(5) “Microneedling,” also referred to as collagen induction therapy, means a cosmetic procedure that involves repeatedly puncturing the skin with tiny sterile needles in a single use cartridge. The needle depth of the single use cartridge may be adjusted by the operator and is attached to a power-operated device that moves the needle up and down at a rapid pace.

(6) “Stratum Corneum,” also referred to as the horny layer of the skin, means the outermost layer of the epidermis, usually made up of 10-30 layers of corneocytes or dead cells.

Section 2. Cos 2.02 (1m) is created to read:

Cos 2.02 (1m) No licensee may diagnose any disease of the skin.

Section 3. Cos 2.025 (2) (c) 1. and 2. are amended to read:

Cos 2.025 (2) (c) 1. Alpha hydroxyl acids of 30% or less, with a ph of not less than 3.0 2.0.

2. Salicylic acids of 20% or less, with a ph of not less than 3.0 2.0.

Section 4. Cos 2.025 (2) (d), (e), and (2m) are created to read:

Cos 2.025 (2) (d) Microneedling.

(e) Any treatment impacting a skin layer below the stratum corneum.

(2m) The following are delegated medical procedures unless the licensee has received formal training in the procedure as part of a board-approved curriculum and the treatment, as performed, does not impact a skin layer below the stratum corneum:

(a) Dermaplaning, when performed by an aesthetician licensed under 454.06 (4).

(b) Eyelash or eyebrow tinting.

(c) Microblading.

(d) Utilization of electromagnetic radiation and electric current.

(e) Utilization of thermal energy.

Section 5. Cos 5.01 is repealed and recreated to read:

Cos 5.01 Courses.

(1) Schools that provide instruction to students for cosmetology practitioner, or specialty schools that provide instruction to students for aesthetician, electrologist, or manicurist licenses shall develop curricula for instruction that are based on the appropriate syllabus as approved by the board in this chapter.

(2) A school or specialty school shall offer at a minimum the practical and theory hours listed for subjects in the appropriate syllabus included in this section chapter.