STATE OF WISCONSIN
COSMETOLOGY EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : COSMETOLOGY EXAMINING
COSMETOLOGY EXAMINING BOARD : BOARD
: ADOPTING EMERGENCY RULES
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The statement of scope for this rule, SS 083-14, was approved by the Governor on August 25, 2014, published in Register 705 on September 14, 2014, and approved by Cosmetology Examining Board on September 25, 2014. This emergency rule was approved by the Governor on December 22, 2014. ORDER
An order of the Cosmetology Examining Board to amend Cos 5.01 and to repeal and recreate 5.02 relating to course of instruction.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Cosmetology Examining Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
2013 Wisconsin Act 356 amended ss.440.62 (3) (ar) 2. and 454.06 (2) (b), Stats., by decreasing the number of training hours which must be fulfilled by cosmetology practitioners as outlined in Wis. Admin. Code ch. Cos 5.02. Currently, cosmetology students are being enrolled in courses on a continuous basis notwithstanding the fact that the curriculum and corresponding training hours as they appear in Wis. Admin. Code s. Cos. 5.02 are no longer in effect due to 2013 Wisconsin Act 356. Emergency rules are needed to give clear guidance to students and instructors regarding the change in required training hours and the corresponding syllabus for cosmetology practitioners. -----------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to ss. 15.08 (5) (b) and 227.11 (2) (a), Stats., the Cosmetology Examining Board is generally empowered by the legislature to promulgate rules that will provide guidance within the profession and interpret the statutes it administers. 2013 Wisconsin Act 356 required the reduction of the number of training hours for course of instruction in cosmetology. This change impacted the qualifications for cosmetology licensure. The proposed rule seeks to carry out the mandate of this new legislation by amending Wis. Admin Code. ch. Cos 5. Related statute or rule:
None.
Plain language analysis:
2013 Wisconsin Act 356 changed the licensure requirements for cosmetologist by reducing the number of training hours required to successfully complete a cosmetology course of instruction from 1,800 to 1,550 and by adding the requirement that a school of cosmetology be accredited by an accrediting agency approved by the board. This reduction in training hours puts Wisconsin on par with course of instruction requirements in neighboring states such as Illinois and Michigan. The reduction in training hours will also relieve the burden on in-state applicants seeking a cosmetology practitioner license in neighboring states and will ease the transition of out-of-state applicants seeking to become licensed as a cosmetologist in Wisconsin. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois: Illinois requires cosmetology schools to provide 1,500 hours of instruction in cosmetology. 68 Ill. Adm. Code 117.530.
Iowa: Iowa requires 2,1000 hours in cosmetology curriculum. 645 IAC 61.14.
Michigan: Michigan cosmetology curriculum consists of 1,500 of theory and practical instruction and 1,160 hours in minimum practical application. Mich. Admin. Code R.338.2161.
Minnesota: The cosmetology training curriculum consists of 1,550 hours in Minnesota. Minn. R. 2110.0510.
Summary of factual data and analytical methodologies:
