Wisconsin Department of Safety and Professional Services Division of Policy Development 1400 East Washington Avenue PO Box 8366 Madison WI 53708-8366 Phone: 608-266-2112 Web: http://dsps.wi.gov Email: [email protected]Scott Walker, Governor Laura Gutiérrez, Secretary COSMETOLOGY EXAMINING BOARD TELECONFERENCE Room 121A, 1400 East Washington Avenue, Madison Contact: Erin Karow (608) 266-2112 December 15, 2017 The following agenda describes the issues that the Board plans to consider at the meeting. At the time of the meeting, items may be removed from the agenda. Please consult the meeting minutes for a record of the actions of the Board. AGENDA 9:30 AM OPEN SESSION – CALL TO ORDER – ROLL CALL A. Adoption of Agenda (1-3) B. Approval of Minutes – November 6, 2017 (4-6) C. Administrative Matters – Discussion and Consideration 1. Board and Staff Updates 2. DSPS Website Notification Updates 3. Credentialing Update Regarding 2017 Wisconsin Act 82 D. National-Interstate Council of State Boards of Cosmetology (NIC) Model Law E. Informational Items F. Legislative and Administrative Rule Matters – Discussion and Consideration (8-20) 1. Scope Statement request relating to 2017 Act 81 and 2017 Act 82 2. Petition for Repeal of Rules under the Expedited Rule Real Process provided by 2017 Act 108 3. 2017 Act 81 4. 2017 Act 82 5. Update on Legislation and Pending and Possible Rulemaking Projects G. Speaking Engagements, Travel, or Public Relation Requests H. Deliberation on Items Added After Preparation of Agenda 1. Introductions, Announcements and Recognition 2. Election of Board Officers 3. Appointment of Board Liaison(s) 4. Administrative Matters 5. Education and Examination Matters 6. Credentialing Matters 7. Practice Matters 8. Liaison Reports 1
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(1-3) (4-6) (8-20)16 BAC 009 – Huan Tran Huynh MOTION: Lori Paul moved, seconded by Denise Trokan, to accept the Findings of Fact, Conclusions of Law and Order in the matter of disciplinary
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Wisconsin Department of Safety and Professional Services Division of Policy Development
D. National-Interstate Council of State Boards of Cosmetology (NIC) Model Law
E. Informational Items
F. Legislative and Administrative Rule Matters – Discussion and Consideration (8-20) 1. Scope Statement request relating to 2017 Act 81 and 2017 Act 82
2. Petition for Repeal of Rules under the Expedited Rule Real Process provided by 2017 Act
108
3. 2017 Act 81
4. 2017 Act 82
5. Update on Legislation and Pending and Possible Rulemaking Projects
G. Speaking Engagements, Travel, or Public Relation Requests
H. Deliberation on Items Added After Preparation of Agenda
MOTION: Kim Rank moved, seconded by Gail Sengbusch, to adjourn the meeting.
Motion carried unanimously.
The meeting adjourned at 10:25 a.m.
6
State of Wisconsin Department of Safety & Professional Services
Revised 12/2016
AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request: Greg DiMiceli Administrative Rules Coordinator
2) Date When Request Submitted: December 8, 2017
Items will be considered late if submitted after 12:00 p.m. on the deadline date which is 8 business days before the meeting
3) Name of Board, Committee, Council, Sections: Cosmetology Examining Board
4) Meeting Date: December 15, 2017
5) Attachments:
Yes
No
6) How should the item be titled on the agenda page? Legislative and Administrative Rule Matters – Discussion and Consideration
1) Scope statement request relating to 2017 Act 81 and 2017 Act 82
2) Petition for Repeal of Rules under the Expedited Rule Repeal Process provided by 2017 Act 108
3) 2017 WI Act 81 4) 2017 WI Act 82 5) Update on pending and possible rulemaking projects
7) Place Item in:
Open Session
Closed Session
8) Is an appearance before the Board being scheduled?
Yes (Fill out Board Appearance Request)
No
9) Name of Case Advisor(s), if required:
10) Describe the issue and action that should be addressed: Discuss 2017 Act 81 and 2017 Act 82 with the Board along with available options to bring Cos 1-11 into alignment with the requirements of these legislative acts including a possible scope statement and a possible petition for repeal of rules under the expeditated rule repeal process of 2017 Act 108.
11) Authorization Signature of person making this request Date
Greg DiMiceli December 8, 2017
Supervisor (if required) Date
Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date
State of Wisconsin Department of Safety & Professional Services
Revised 12/2016
Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.
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Date of enactment: November 27, 2017
2017 Senate Bill 108 Date of publication*: November 28, 2017
2017 WISCONSIN ACT 81
AN ACT to repeal 454.12 (2); to consolidate, renumber and amend 454.12 (intro.) and (1); to amend 454.06 (8),
454.13 (1) (a), 454.23 (5) and 454.27 (1) (a); to repeal and recreate 454.265; and to create 454.125 and 454.267 of
the statutes; relating to: cosmetology and barbering continuing education requirements and licensure of barbers,
cosmetologists, and related professionals from jurisdictions outside Wisconsin.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1d. 454.06 (8) of the statutes is amended to
read:
454.06 (8) EXPIRATION AND RENEWAL. The renewal
date for licenses issued under subs. (2) to (6) is specified
under s. 440.08 (2) (a), and the renewal fees for such
licenses are determined by the department under s.
440.03 (9) (a). The examining board may not renew a
license issued to a person under subs. (2) to (6) unless the
person certifies to the examining board that the person
has reviewed the current digest under s. 454.125.
SECTION 1h. 454.12 (intro.) and (1) of the statutes are
consolidated, renumbered 454.12 and amended to read:
454.12 Continuing education. The examining
board may impose continuing education requirements on
a person who holds a license under this subchapter that
is not an inactive license either: (1) As as a part of the dis-
ciplinary process to ensure competency; or.
SECTION 1p. 454.12 (2) of the statutes is repealed.
SECTION 1t. 454.125 of the statutes is created to read:
454.125 Regulatory updates. (1) At the time the
department gives notice of renewal under s. 440.08 (1),
the department shall send, by electronic mail, to each per-
son granted a license under s. 454.06 (2) to (6) a digest
that describes changes to statutes and rules that affect the
practice of cosmetology, aesthetics, manicuring, or elec-
trology.
(2) The department shall make available at all times
on its Internet site the digest described in sub. (1).
SECTION 2m. 454.13 (1) (a) of the statutes is
amended to read:
454.13 (1) (a) The applicant has at least 4,000 hours
of experience in licensed practice completes a one−hour
course educating the applicant on statutes and rules that
apply to the 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.
SECTION 3e. 454.23 (5) of the statutes is amended to
read:
454.23 (5) EXPIRATION AND RENEWAL. The renewal
dates for licenses granted under subs. (2) and (3) are spec-
ified under s. 440.08 (2) (a), and the renewal fees for
those licenses are determined by the department under s.
440.03 (9) (a). The department may not renew a license
granted to a person under this section unless the person
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’spartial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
9
− 2 −2017 Wisconsin Act 81 2017 Senate Bill 108
certifies to the department that the person has reviewed
the current digest under s. 454.267.
SECTION 3m. 454.265 of the statutes is repealed and
recreated to read:
454.265 Continuing education. The department
may impose continuing education requirements on a per-
son who holds a license under this subchapter that is not
an inactive license as a part of the disciplinary process to
ensure competency.
SECTION 3s. 454.267 of the statutes is created to read:
454.267 Regulatory updates. (1) At the time the
department gives notice of renewal under s. 440.08 (1),
the department shall send, by electronic mail, to each per-
son granted a license under s. 454.23 a digest that
describes changes to statutes and rules that affect the
practice of barbering.
(2) The department shall make available at all times
on its Internet site the digest described in sub. (1).
SECTION 4m. 454.27 (1) (a) of the statutes is
amended to read:
454.27 (1) (a) The applicant has at least 4,000 hours
of experience in licensed practice completes a one−hour
course educating the applicant on statutes and rules that
apply to the 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 any law relating to the
licensed practice.
SECTION 5.0Initial applicability.
(1) This act first applies to an application for licen-
sure under section 454.13 of the statutes received by the
cosmetology examining board on the effective date of
this subsection or an application for licensure under sec-
tion 454.27 of the statutes received by the department of
safety and professional services on the effective date of
this subsection.
10
Date of enactment: November 27, 2017
2017 Senate Bill 109 Date of publication*: November 28, 2017
(1) (b), 454.25 (4), 454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.) and 454.287; and to create 440.63 (1m), 454.08 (1)
(ag), 454.08 (1) (ar), 454.25 (1) (ag) and 454.25 (1) (ar) of the statutes; relating to: practicing barbering and cosme-
tology outside licensed establishments, regulating barbering and cosmetology managers, instructor certificates for
barbering, cosmetology, and related professions, and granting rule−making authority.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 3. 440.03 (13) (b) 15. of the statutes is
repealed.
SECTION 5. 440.03 (13) (b) 19s. of the statutes is
repealed.
SECTION 8. 440.08 (2) (a) 7. of the statutes is
repealed.
SECTION 9. 440.08 (2) (a) 17. of the statutes is
repealed.
SECTION 10. 440.08 (2) (a) 18. of the statutes is
repealed.
SECTION 11. 440.08 (2) (a) 24g. of the statutes is
repealed.
SECTION 12. 440.08 (2) (a) 24i. of the statutes is
repealed.
SECTION 13. 440.08 (2) (a) 32. of the statutes is
repealed.
SECTION 14. 440.08 (2) (a) 43. of the statutes is
repealed.
SECTION 15. 440.60 (4s) of the statutes is repealed.
SECTION 16. 440.60 (5s) of the statutes is repealed.
SECTION 17. 440.62 (3) (ag) 3. of the statutes is
repealed.
SECTION 18. 440.62 (3) (ar) 3. of the statutes is
repealed.
SECTION 19. 440.62 (5) (a) of the statutes is amended
to read:
440.62 (5) (a) No specialty school may offer theoreti-
cal instruction for managers or apprentices.
SECTION 20g. 440.63 (1) of the statutes is amended
to read:
440.63 (1) INSTRUCTOR CERTIFICATION REQUIRED
INSTRUCTORS. (a) No person may provide practical
instruction in barbering unless the person holds a current
barbering instructor or cosmetology instructor certificate
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’spartial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
11
− 2 −2017 Wisconsin Act 82 2017 Senate Bill 109
issued barber license granted by the department or cos-
metologist license granted by the cosmetology examin-
ing board.
(am) No person may provide practical instruction in
cosmetology unless the person holds a current cosmetol-
ogy instructor certificate issued by the department cos-
metologist license granted by the cosmetology examin-
ing board.
(b) No person may provide practical instruction in
aesthetics unless the person holds a current aesthetics
instructor or cosmetology instructor certificate issued by
the department aesthetician license or cosmetologist
license granted by the cosmetology examining board.
(c) No person may provide practical instruction in
electrology unless the person holds a current electrology
instructor certificate issued by the department electrolo-
gist license granted by the cosmetology examining
board.
(d) No person may provide practical instruction in
manicuring unless the person holds a current manicuring
instructor or cosmetology instructor certificate issued by
the department manicurist license or cosmetologist
license granted by the cosmetology examining board.
SECTION 20r. 440.63 (1m) of the statutes is created
to read:
440.63 (1m) USE OF TITLE. (a) No person may use
the title “Wisconsin certified barbering instructor,” use
any title that implies that he or she is a Wisconsin certified
barbering instructor, or represent himself of herself to be
a Wisconsin certified barbering instructor unless the per-
son is certified as a barbering instructor under this sub-
chapter.
(b) No person may use the title “Wisconsin certified
cosmetology instructor,” use any title that implies that he
or she is a Wisconsin certified cosmetology instructor, or
represent himself of herself to be a Wisconsin certified
cosmetology instructor unless the person is certified as a
cosmetology instructor under this subchapter.
(c) No person may use the title “Wisconsin certified
aesthetics instructor,” use any title that implies that he or
she is a Wisconsin certified aesthetics instructor, or repre-
sent himself of herself to be a Wisconsin certified aesthet-
ics instructor unless the person is certified as an aesthetics
instructor under this subchapter.
(d) No person may use the title “Wisconsin certified
electrology instructor,” use any title that implies that he
or she is a Wisconsin certified electrology instructor, or
represent himself of herself to be a Wisconsin certified
electrology instructor unless the person is certified as an
electrology instructor under this subchapter.
(e) No person may use the title “Wisconsin certified
manicuring instructor,” use any title that implies that he
or she is a Wisconsin certified manicuring instructor, or
represent himself of herself to be a Wisconsin certified
manicuring instructor unless the person is certified as a
manicuring instructor under this subchapter.
SECTION 26m. 440.63 (2) of the statutes is amended
to read:
440.63 (2) APPLICATIONS; CERTIFICATION PERIOD. An
application for initial certification or renewal or rein-
statement of a certificate under this section shall be sub-
mitted to the department on a form provided by the
department. An application for initial certification shall
include the initial credential a one−time certification fee
determined by the department using the procedures
established under s. 440.03 (9) (a). Renewal applications
shall be submitted to the department on a form provided
by the department on or before the applicable renewal
date specified under s. 440.08 (2) (a) and shall include the
applicable renewal fee determined by the department
under s. 440.03 (9) (a), and the applicable penalty for late
renewal under s. 440.08 (3) if the application is submitted
late, except that no certification fee is required under this
section for an individual who is eligible for the veterans
fee waiver program under s. 45.44. The department may
not require renewal of a certificate issued under this sec-
tion.
SECTION 28. 440.635 of the statutes is amended to
read:
440.635 Persons providing practical instruction
in specialty schools. (1) No person may provide practi-
cal instruction in a specialty school of aesthetics unless
the person holds a current cosmetology manager cosme-
tologist license or aesthetician license issued by the cos-
metology 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 cosmetologist license or
manicurist license issued by the cosmetology examining
board or a current cosmetology instructor or manicuring
instructor certificate issued by the department.
SECTION 29. 440.64 (3) (b) (intro.) of the statutes is
amended to read:
440.64 (3) (b) (intro.) Subject to the rules promul-
gated under s. 440.03 (1), the department may reprimand
a licensee or certified instructor or deny, limit, suspend,
or revoke a license or certificate under this subchapter if
it finds that the applicant, or licensee or certified instruc-
tor has done any of the following:
SECTION 30. 440.64 (3) (c) of the statutes is amended
to read:
440.64 (3) (c) In addition to or in lieu of a reprimand
or denial, limitation, suspension, or revocation of a
license or certificate under par. (b), the department may
12
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assess against a school, or specialty school or instructor
a forfeiture of not less than $100 nor more than $5,000 for
each violation enumerated under par. (b).
SECTION 31. 454.01 (7s) of the statutes is repealed.
SECTION 32. 454.04 (1) (a) of the statutes is amended
to read:
454.04 (1) (a) Except as permitted under pars. (b) and
(d), sub. (1m), and subch. II, no person may engage in
cosmetology unless the person has received training in
the areas of service provided and holds a current cosme-
tologist license or cosmetology manager license issued
by the examining board that is not an inactive license or
temporary permit issued by the examining board or is an
apprentice under s. 454.10 or a student in a cosmetology
course of instruction.
SECTION 33. 454.04 (1) (b) of the statutes is amended
to read:
454.04 (1) (b) No person may engage in aesthetics
unless the person has received training in the areas of ser-
vice provided and holds a current aesthetician license, or
cosmetologist license, or cosmetology manager license
issued by the examining board that is not an inactive
license or temporary permit or training permit issued by
the examining board or is an apprentice under s. 454.10
or a student in an aesthetics or cosmetology course of
instruction.
SECTION 34. 454.04 (1) (d) of the statutes is amended
to read:
454.04 (1) (d) No person may engage in manicuring
unless the person has received training in the areas of ser-
vice provided and holds a current manicurist license, or
cosmetologist license, or cosmetology manager license
issued by the examining board that is not an inactive
license or temporary permit or training permit issued by
the examining board or is an apprentice under s. 454.10
or a student in a manicuring or cosmetology course of
instruction.
SECTION 35. 454.04 (2) (a) of the statutes is amended
to read:
454.04 (2) (a) No person may use the title “cosmetol-
ogist” or any other similar title unless the person holds a
current cosmetologist license or cosmetology manager
license issued by the examining board that is not an inac-
tive license.
SECTION 36. 454.04 (2) (b) of the statutes is amended
to read:
454.04 (2) (b) No person may use the title “aestheti-
cian” or any other similar title unless the person holds a
current aesthetician license, or cosmetologist license, or
cosmetology manager license issued by the examining
board that is not an inactive license.
SECTION 37. 454.04 (2) (d) of the statutes is amended
to read:
454.04 (2) (d) No person may use the title “mani-
curist” or any other similar title unless the person holds
a current manicurist license, or cosmetologist license, or
cosmetology manager license issued by the examining
board that is not an inactive license.
SECTION 38. 454.06 (3) of the statutes is repealed.
SECTION 39. 454.06 (4) (b) 2. of the statutes is
amended to read:
454.06 (4) (b) 2. 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. 440.63 (3) (am) or (b) or a
SECTION 3. 35.93 (2) (b) 3. gm. of the statutes is cre-
ated to read:
35.93 (2) (b) 3. gm. Petitions and proposed rules sub-
mitted under s. 227.26 (4) (b) 1.
SECTION 4. 227.135 (2) of the statutes, as affected by
2017 Wisconsin Act 57, is amended to read:
227.135 (2) An agency that has prepared a statement
of the scope of the proposed rule shall present the state-
ment to the department of administration, which shall
make a determination as to whether the agency has the
explicit authority to promulgate the rule as proposed in
the statement of scope and shall report the statement of
scope and its determination to the governor who, in his or
her discretion, may approve or reject the statement of
scope. The agency may not send the statement to the leg-
islative reference bureau for publication under sub. (3)
until the governor issues a written notice of approval of
the statement. The agency shall also present the state-
ment to the individual or body with policy−making pow-
ers over the subject matter of the proposed rule for
approval. The individual or body with policy−making
powers may not approve the statement until at least 10
days after publication of the statement under sub. (3) and,
if a preliminary public hearing and comment period are
held by the agency under s. 227.136, until the individual
or body has received and reviewed any public comments
and feedback received from the agency under s. 227.136
(5). No state employee or official may perform any activ-
ity in connection with the drafting of a proposed rule,
except for an activity necessary to prepare the statement
of the scope of the proposed rule until the governor and
the individual or body with policy−making powers over
the subject matter of the proposed rule approve the state-
ment. This subsection does not prohibit an agency from
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’spartial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”