Chapter Cos 2

Cos 2.03(9) (9) Licensees may not use methyl methacrylate monomer, commonly referred to as MMA in liquid form, and may not use any cosmetic or nail product formulated with MMA as one of its ingredients.

Cos 2.03 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; cr. (7), Register, May, 1997, No. 497, eff. 6-1-97; am. (3) and (5), r. and recr. (4) and r. (6), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: cr. (8) and (9) Register September 2003 No. 573, eff. 10-1-03; correction in (8) (intro.) made under s. 13.92 (4) (b) 6., Stats., Register March 2012 No. 675; CR 20-025: am. (8) (intro.) Register July 2021 No. 787, eff. 8-1-21.

Cos 2.04 Cos 2.04 Unauthorized practice.

Cos 2.04(1) (1) Licensees may not assist or participate in the unauthorized or unlicensed practice of cosmetology, aesthetics, electrology or manicuring.

Cos 2.04(2) (2) Licensees shall report to the board unauthorized or unlicensed practice or other violations of ch. 454, Stats., and chs. Cos 1 to 10.

Cos 2.04 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; corrections in (1), (2) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 15-035: am. (2) Register December 2015 No. 720, eff. 1-1-16; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2021 No. 787.

Cos 2.045 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.

Cos 2.045 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 20-025: r. and recr. Register July 2021 No. 787, eff. 8-1-21.

Cos 2.046 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:

Cos 2.046(1) (1) Aesthetics, cosmetology, and manicuring services may be provided outside of a licensed establishment if all the following are true:

Cos 2.046(1)(a) (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.

Cos 2.046(1)(b) (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.

Cos 2.046(1)(c) (c) The licensee complies with all practice standards provided in this chapter when providing personal care services outside of a licensed establishment.

Cos 2.046(1)(d) (d) The licensee complies with all sanitation and safety precautions regarding the use of chemical processes provided in ch. Cos 4.

Cos 2.046(1)(e) (e) The services provided do not involve the use of a chemical process, with the following exceptions:

Cos 2.046(1)(e)1. 1. A licensee practicing aesthetics or cosmetology outside of a licensed establishment may apply cosmetics, oils, lotions, clay, creams, antiseptics, powders, or tonics.

Cos 2.046(1)(e)2. 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.

Cos 2.046(2) (2) Electrology services may be provided outside of a licensed establishment if all the following are true:

Cos 2.046(2)(a) (a) The licensee complies with all practice standards provided in this chapter when providing personal care services outside of a licensed establishment.

Cos 2.046(2)(b) (b) The licensee complies with all sanitation and safety precautions provided in ch. Cos 4.

Cos 2.046 History History: CR 20-025: cr. Register July 2021 No. 787, eff. 8-1-21.

Cos 2.05 Cos 2.05 Advertising.

Cos 2.05(1) (1) Advertising by licensees shall be truthful and accurate and may not mislead the public.

Cos 2.05(2) (2) An establishment shall either post a list of cost of services in a conspicuous place or display a sign which states: “All establishment patrons have the right to be informed of the cost of services before the services are provided.”

Cos 2.05 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89.

Cos 2.06 Cos 2.06 Responsibilities of owners. The owner of any licensed establishment shall be responsible for compliance with ch. 454, Stats., and chs. Cos 2, 3 and 4. The owner shall:

Cos 2.06(2) (2) Provide supplies and equipment necessary to maintain safe and sanitary establishment conditions.

Cos 2.06(3) (3) Ensure the provision of supervision and training of apprentices, temporary permit holders and training permit holders.

Cos 2.06(4) (4) Maintain and provide appropriate records for apprentices, temporary permit holders, training permit holders, and practitioners, including employment records, to enable apprentices or practitioners to meet the requirements of s. 440.63 (3) (a) 1. or 454.10 (2), Stats., for credentialing as a practitioner or instructor. Owners shall maintain these records for a minimum of 5 years.

Cos 2.06(5) (5) In the case of an owner of a cosmetology establishment who is not a licensed cosmetologist, employ at least one licensed cosmetologist to act as a full-time manager who shall ensure that the establishment operates in compliance with state statutes and administrative rules.

Cos 2.06 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (2) (a) and (b), Register, May, 1993, No. 449, eff. 6-1-93; renum. and am. (1) and (2) (intro.) to be (intro.) and (2) (a) to be (5), r. (2) (b) and (c), renum. (2) (d) to be (2) and cr. (3) and (4), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (5) Register September 2003 No. 573, eff. 10-1-03; corrections in (intro.), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 15-035: am (4), (5) Register December 2015 No. 720, eff. 1-1-16; CR 18-002: am. (4) Register April 2018 No. 748, eff. 5-1-18; CR 20-025: am. (5) Register July 2021 No. 787, eff. 8-1-21.

Cos 2.07 Cos 2.07 Responsibilities of the cosmetology manager.

Cos 2.07(1) (1) The manager of a cosmetology establishment shall be responsible for the daily operations of an establishment and ensure that the establishment is in compliance with ch. 454, Stats., and chs. Cos 3 and 4. The cosmetology manager shall maintain supplies and equipment necessary to ensure safe and sanitary establishment conditions.

Cos 2.07(1g) (1g) A cosmetology manager shall train and supervise any apprentices in accordance with s. Cos 6.04 (1) and shall supervise any temporary permit holders and training permit holders.

Cos 2.07(1r) (1r) The cosmetology manager shall, for a minimum of 5 years, maintain and provide appropriate records for apprentices, temporary permit holders, training permit holders, and practitioners, including employment records, to enable apprentices or practitioners to meet the requirements of s. 440.63 (3) (a) 2. or 454.10 (2), Stats., for credentialing as a practitioner or instructor.

Cos 2.07(2) (2) The cosmetology manager shall post all required licenses, permits and notices.

Cos 2.07 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1), (2) (intro.), (e), (f) and (g), Register, May, 1993, No. 449, eff. 6-1-93; am. (1), cr. (1g) and (1r) and r. and recr. (2), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (1g) Register September 2003 No. 573, eff. 10-1-03; CR 05-118: am. (1g) Register November 2006 No. 611, eff. 12-1-06; corrections in (1), (1g) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 12-016: am. (1g) Register August 2013 No. 692, eff. 9-1-13; CR 15-035: am. (title), (1), (1g), (1r), (2) Register December 2015 No. 720, eff. 1-1-16; CR 18-002: am. (1), (1r) Register April 2018 No. 748, eff. 5-1-18.

Cos 2.08 Cos 2.08 Responsibilities of licensees. Licensees holding current licenses or permits granted under ch. 454, Stats., shall:

Cos 2.08(1) (1) Be responsible for compliance with the sanitation and safety precautions contained in ch. Cos 4.

Cos 2.08(2) (2) Be responsible for their own professional practice, conduct and compliance with ch. Cos 2.

Cos 2.08 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; renum. from BC 2.09, Register, May, 1993, No. 449, eff. 6-1-93; renumber (1) to be Cos 2.08 under s. 13.92 (4) (b) 1., Stats., and corrections in (1) (a), (b) made under s. 13.92 (4) (b) 7., Register February 2013 No. 686.

Cos 2.09 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.

Cos 2.09 History History: CR 20-025: cr. Register July 2021 No. 787, eff. 8-1-21.