Wis. Admin. Code Cos — Cosmetology Examining Board

Chapter Cos 1 DEFINITIONS

Wis. Admin. Code § Cos 1.01 Definitions {#sec-cos-1.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 1.01}

For the purposes of chs. Cos 1 to 10:

(1) “Antiseptic” means a chemical that kills or inhibits the growth of organisms on skin or living tissue.

(1v) “Board” means the cosmetology examining board.

(2) “Chemical relaxing” means the process of straightening hair by use of chemical agents.

(2m) “Chemical waving” means a system of permanent waving employing chemicals rather than heat.

(3) “Contagious” means capable of being transmitted by direct or indirect contact.

(3e) “Cosmetologist” has the meaning given in s. 454.01 (7e), Stats.

(3g) “Credential” means a license, permit or certificate or certification of registration that is issued under ch. 454, Stats.

(3r) “Cutting,” as used at s. 454.01 (13), Stats., means exclusively the cutting of human nails, cuticles and calluses, and does not refer to any other invasive procedure.

(4) “Department” means the department of safety and professional services.

(6) “Disinfectant” means a chemical or product that destroys disease-causing bacteria.

Note: Examples of disinfectants are: 1. A solution of household bleach (5 ¼ percent sodium hypochlorite) and water containing at least 500 parts per million (ppm) available chlorine (1:100 dilution, or 2 teaspoons of household bleach per quart of water made fresh each day prior to use); 2. A solution of at least 70% isopropyl alcohol; 3. A solution using a phenolic germicidal such as Lysol (brown bottle); 4. A solution using an iodophor germicidal agent such as iodine or Betadyne; and 5. A solution using a quaternary ammonium germicide agent such as Lysol (spray) or Barbicide Plus.

(6e) “Disinfection” means application of a disinfectant following thorough cleaning of the utensil.

(6m) “Division” means the division of legal services and compliance in the department of safety and professional services.

(6s) “Exfoliation” means the process whereby the superficial epidermal cells are removed from the skin.

(7) “Full time” means work which is performed for 30 hours per week or the maximum number of hours an establishment is open if the establishment is open less than 30 hours per week.

(7m) “General supervision” means the supervising physician is available for direct communication, either in person or by telephone, radio, radiotelephone, television or similar means and is physically located within 120 miles of the licensee.

(7r) “Hazardous substances” has the meaning given in s. 299.01 (6), Stats.

Note: Section 299.01 (6), Stats., reads as follows: “‘Hazardous substance’ means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.”

(8) “Infectious” means capable of being transmitted, with or without contact.

(9) “Laser” means light amplification by the stimulated emission of radiation.

(10) “Licensee” means a person who holds a license, permit, certificate or registration issued by the board or who has the right to renew a license, permit, certificate or registration issued by the board.

(11g) “Massaging,” as used at s. 454.01 (2) and (13), Stats., means massage for cosmetic rather than therapeutic purposes.

(11n) “Mechanical exfoliation” means the physical removal of surface epidermal cells by means that include but are not limited to brushing machines, granulated scrubs, peel-off masques or drying preparations that are rubbed off, and microdermabrasion.

(11r) “Microdermabrasion” means mechanical exfoliation using an abrasive material or apparatus to remove surface epidermal cells with a mechanical closed loop vacuum system.

(11t) “Mobile establishment” means an establishment providing cosmetology, aesthetics, electrology, or manicuring services located in a mobile vehicle or mobile structure and, where applicable, any tow vehicle attached to the mobile establishment.

(11w) “Nail enhancement” means any material other than nail polish which is added to the fingernail or toenail generated by the person’s own body, or which is used to enhance the fingernail or toenail of a person.

(12) “Owner” means the person who holds an establishment license or right to renew an establishment license.

(13) “Patron” means a person to whom services from a cosmetologist, aesthetician, electrologist or manicurist are provided for compensation.

(13m) “Personal care services” means shampooing, setting, combing, brushing, cutting, chemical waving, chemical relaxing, bleaching or coloring the hair. “Personal care services” also includes electrology, manicuring and aesthetic services.

(13t) “Physician” means a person licensed in Wisconsin to practice medicine and surgery.

(14) “Practitioner” means a person who holds a current license to practice cosmetology issued under s. 454.06 (2), Stats.

(14m) “Sterilization” means a process which destroys all forms of microbial life, including spores.

(15) “Supervision” means regular, on-premise coordination, direction and inspection of the practice of another.

(16) “Training permit holder” means a person who holds a current training permit issued pursuant to s. 454.06 (9), Stats.

Note: Immersion of the object to be disinfected in a solution of household bleach (5 ¼ percent sodium hypochlorite diluted to 2 teaspoons per quart of water).

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; renum. (7) to (13) to be (8) to (14), cr. (7), Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (11), r. (14), renum. (12) and (13) to be (13) and (14), cr. (12), Register, May, 1993, No. 449, eff. 6-1-93; renum. (1) to (1m), cr. (1), Register, November, 1994, No. 467, eff. 12-1-94; renum. (1) to be (1m), cr. (1), (2m), (10m), (13m) and (16), r. and recr. (2) and (9), renum. and am. (5) to be (15) and am. (6), (8) and (14), Register, May, 1999, No. 521, eff. 6-1-99; correction in (1m) made under s. 13.93 (2m) (b) 1., Stats., Register, May, 1999, No. 521; CR 02-058: am. (intro.) and (6), cr. (3g), (3r), (6r), (11m), (14m) and (17), renum. (9) (intro.) to be (6h) and am., r. (9) (a) to (d) and (10m), Register September 2003 No. 573, eff. 10-1-03; CR 05-118: r. (1m), am. (3), (3r) and (8), renum. (6h), (6r), (11) and (11m) to be (6e), (6m), (11e) and (11g), cr. (6s), (7m), (9), (11n), (11r), (11w) and (13t) Register November 2006 No. 611, eff. 12-1-06; corrections in (4), (6m) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 11-011: am. (intro.) Register March 2012 No. 675, eff. 4-1-12; corrections in (intro.), (1v), (11g), (13), (14) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 15-035: cr. (3e), (3m), am. (6m), r. (11e), (17) Register December 2015 No. 720, eff. 1-1-16; CR 18-002: r. (3m) Register April 2018 No. 748, eff. 5-1-18; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; CR 24-088: cr. (7r), (11t) Register September 2025 No. 837, eff. 10-1-25.

Chapter Cos 2 PRACTICE AND PROFESSIONAL CONDUCT

Wis. Admin. Code § Cos 2.01 Definitions {#sec-cos-2.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.01}

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.

History

CR 22-085: cr. Register October 2023 No. 814, eff. 11-1-23.

Wis. Admin. Code § Cos 2.02 Treatments prohibited, infectious and contagious diseases {#sec-cos-2.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.02}

(1) No licensee may treat any disease of the skin unless under the direction of a physician.

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

(2) No licensee may provide services to a patron suffering from an infectious or contagious scalp or skin disease unless the licensee takes appropriate precautions and uses safeguards to prevent the spread of the disease to other patrons and to the licensee.

(3) No licensee, having a known infectious or contagious disease, may provide a service to a patron if the licensee is, by reason of the disease, unable to safely and competently perform the service.

(4) No licensee may provide services to a patron if the licensee has a known infectious or contagious disease unless the licensee takes appropriate precautions and uses safeguards which prevent the spread of the disease to patrons.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (3), Register, May, 1999, No. 521, eff. 6-1-99; CR 22-085: cr. (1m) Register October 2023 No. 814, eff. 11-1-23.

Wis. Admin. Code § Cos 2.025 Delegated medical procedures {#sec-cos-2.025 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.025}

(1) Licensees may provide client services constituting medical procedures only as directed, supervised and inspected by a physician who has the power to direct, decide and oversee the implementation of the client services provided in licensed establishments.

(2) Delegated medical procedures include the following:

(a) Laser hair removal services.

(b) Microdermabrasion services, except as specified under sub. (2r).

(c) Chemical exfoliation, except for application of commercially available exfoliation products utilized in accordance with the manufacturers’ instructions, limited to the following:

Alpha hydroxyl acids of 30% or less, with a ph of not less than 2.0.
Salicylic acids of 20% or less, with a ph of not less than 2.0.

(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 s. 454.06 (4), Stats.

(b) Eyelash or eyebrow tinting.

(d) Utilization of electromagnetic radiation and electric current.

(e) Utilization of thermal energy.

(2r) A licensee may utilize microdermabrasion devices in his or her practice without medical supervision if all of the following conditions are met:

(a) The device shall be of an aesthetic grade and not labeled as a prescription device by the United States Food and Drug Administration. Only FDA approved Class I machines may be used pursuant to this subsection.

(b) The device utilizes a closed loop negative pressure system that incorporates a tissue retention device.

(d) Eye protection is provided to the client and protective gloves are worn by the operator.

(e) Microdermabrasion services are not provided within 48 hours before or after a chemical exfoliation.

(f) The licensee has performed a pretreatment assessment on the client and reviewed the results with the client.

(g) The client has given written consent prior to the administration of the services. The consent shall contain all of the following:

A statement setting forth in general terms the nature and purpose of the procedure or procedures, together with the known risks associated with the procedure or procedures, if reasonably determinable.
A statement that acknowledges that the disclosure of that information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner.
The signature of the client for whom the procedure is to be performed, or if the client for any reason lacks legal capacity to consent, is signed by a person who has legal authority to consent on behalf of that client.

(3) Delegated medical procedures shall be undertaken only pursuant to formal written protocols setting forth the nature and scope of the procedures delegated, describing the supervisory plan, and indicating any contraindications to undertaking the procedure. A laser hair removal product or device, or intense pulsed light device shall not be used on a minor unless the minor is accompanied by a parent or guardian and only under the general supervision of a physician.

(4) A licensee providing client services constituting delegated medical procedures shall upon request make available to the client and to the board a copy of the formal written protocols.

(5) Should a client service constituting a delegated medical procedure be contraindicated based either upon the written protocol or some other basis, the licensee shall decline to carry out the procedure and shall explain to the client the basis for the licensee’s inability to provide the service.

(6) A licensee providing client services constituting delegated medical procedures in a licensed establishment shall post in a conspicuous location in the immediate area where the procedure is carried out the name of the delegating physician and the nature and scope of the procedures delegated.

History

CR 02-058: cr. Register September 2003 No. 573, eff. 10-1-03; CR 05-118: renum. (2) (a) and (c) to be (2) (a) (intro.) and (c) (intro.) and am. (c) (intro.), cr. (2) (a) 1. to 5., (c) 1. and 2., (2g), (2r) and (6), am. (2) (b) and (3) Register November 2006 No. 611, eff. 12-1-06; corrections in (2) (a) (intro.), 1., (2r) (h) (intro.), 1. made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 15-035: am (2) (a) (intro.), r. 1. to 5., (2g), (2r) (h), (i), (j) Register December 2015 No. 720, eff. 1-1-16; CR 22-085: am. (2) (c) 1., 2., cr. (2) (d), (e), (2m) Register October 2023 No. 814, eff. 11-1-23; correction in (2m) (a) made under s. 35.17, Stats., Register October 2023 No. 814.

Wis. Admin. Code § Cos 2.03 Practice standards {#sec-cos-2.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.03}

(1) Services provided by any licensee shall be performed in a manner that is consistent with basic and accepted practice standards and in accordance with all state statutes, board rules and local codes and ordinances.

(2) Licensees may provide only those services which they are competent to perform by training or experience and are licensed to provide.

(3) Licensees shall provide services to the best of their ability and make reasonable efforts to comply with requests in a manner that is satisfactory to a patron. Licensees shall not provide services to a patron without first obtaining the consent of the patron or legal guardian of the patron.

(4) Licensees may neither consume alcohol nor take controlled substances during practice, unless prescribed by a physician.

(5) Licensees shall take adequate and necessary precautions to protect the patron from health and safety hazards when performing services. Licensees shall not smoke while performing personal services on a patron.

(7) Licensees shall not engage in sexual harassment or sexual assault of a patron, former patron, employee, employer, or co-worker. In this section, “sexual harassment” and “sexual assault” have the meanings defined in ss. 111.32 (13), 940.225 (1), (2), (3) and (3m) and 948.02 (1) and (2), Stats.

Note: Section 111.32 (13) defines sexual harassment as “...unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. ‘Sexual harassment’ includes conduct directed by a person at another person of the same or opposite gender. ‘Unwelcome verbal or physical conduct of a sexual nature’ includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee’s work performance or to create an intimidating, hostile or offensive work environment.”

(8) A licensee may not provide the following services unless both the licensee and the establishment are properly licensed by the department of safety and professional services:

(a) Body piercing, except for piercing of ears.

(b) Tattooing, including permanent cosmetics.

Note: Body piercers, body piercing establishments, tattooists and tattoo establishments are regulated by the Department of Safety and Professional Services under ch. SPS 221, Wis. Adm. Code. Tanning facilities and tanning facility operators are regulated by the Department of Safety and Professional Services under ch. SPS 220, Wis. Adm. Code.

(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.

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.

Wis. Admin. Code § Cos 2.04 Unauthorized practice {#sec-cos-2.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.04}

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

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

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.

Wis. Admin. Code § Cos 2.045 Personal care services for persons in hospitals, nursing homes, and correctional institutions {#sec-cos-2.045 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.045}

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.

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.

Wis. Admin. Code § Cos 2.046 Personal care services outside of a licensed establishment generally {#sec-cos-2.046 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.046}

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:

A licensee practicing aesthetics or cosmetology outside of a licensed establishment may apply cosmetics, oils, lotions, clay, creams, antiseptics, powders, or tonics.
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.

History

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

Wis. Admin. Code § Cos 2.05 Advertising {#sec-cos-2.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.05}

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

(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.”

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89.

Wis. Admin. Code § Cos 2.06 Responsibilities of owners {#sec-cos-2.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.06}

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:

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

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

(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.

(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.

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.

Wis. Admin. Code § Cos 2.07 Responsibilities of the cosmetology manager {#sec-cos-2.07 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.07}

(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.

(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.

(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.

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

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.

Wis. Admin. Code § Cos 2.08 Responsibilities of licensees {#sec-cos-2.08 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.08}

Licensees holding current licenses or permits granted under ch. 454, Stats., shall:

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

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

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.

Wis. Admin. Code § Cos 2.09 Continuing education {#sec-cos-2.09 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.09}

To ensure competency, the board may require specific remedial continuing education requirements for any licensee as part of a disciplinary process.

History

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

Chapter Cos 3 ESTABLISHMENTS AND INSPECTIONS

Wis. Admin. Code § Cos 3.01 Establishment requirements {#sec-cos-3.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.01}

(1) Cosmetology, aesthetics, electrology, and manicuring shall not be practiced outside the confines of a licensed establishment except as provided in 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.

(3) If public drinking facilities are provided, disposable drinking cups or a drinking fountain shall be available.

(4) All floor coverings in an establishment shall be kept in a clean, orderly and safe condition. Loose hair shall be removed regularly and placed in a closed container.

(5) A toilet room shall not be used as a dispensary or for the providing of services.

(6) Establishments shall provide safe and secure areas for storing, cleaning and disinfecting equipment. Poisonous substances stored in public areas shall be locked in a cabinet or closet, with the exception of over-the-counter products used for room deodorizing. These products shall be kept in an elevated location out of the reach of children.

(7) Plastic or metal containers of adequate size shall be provided to store all soiled linen. All soiled linen shall be properly cleaned in compliance with s. Cos 4.02 (6) or disposed of after use.

(8) Establishments where apprentices are trained shall provide equipment, supplies and products for all cosmetology services.

(9) No smoking shall be allowed in areas of an establishment where flammable products or materials are being used or stored.

(10) Animals shall not be in an establishment during business hours, except for service animals.

Note: Section 106.52 (1) (fm), Stats., reads as follows: “ ‘Service animal’ means a guide dog, signal dog, or other animal that is individually trained or is being trained to do work or perform tasks for the benefit of a person with a disability, including the work or task of guiding a person with impaired vision, alerting a person with impaired hearing to intruders or sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.”

(11) Where an establishment is located in the same building as a residence, the business and living quarters shall be separate. A mobile establishment may not be located in a vehicle or mobile structure that also contains a residence.

(12) Establishments shall provide a basin which has hot and cold running water, and a chair which is designed for the service to be provided. At least one basin shall be constructed and available to permit licensees to wash their hands prior to serving each patron and following removal of gloves. Establishments shall provide the equipment and supplies necessary to perform services offered. Basins may be shared with other establishments located on the same premises.

(13) The establishment license shall be posted in the establishment.

(14) All facilities shall be equipped with a ventilation system adequate to comply with minimal occupational safety and health standards.

(15) A mobile establishment shall be licensed as an establishment under the requirements of this chapter. A mobile establishment is subject to all of the following requirements:

(a) The establishment shall meet the requirements of this chapter and ch. Cos 4, including requirements related to establishments, inspections, sanitation, and safety. All services provided through a mobile establishment shall meet the standards of practice and professional conduct under ch. Cos 2.

(b) A mobile establishment license is valid for a specific vehicle or mobile structure and may not be transferred to a different vehicle or mobile structure.

(c) The mobile establishment’s name as shown on the license shall be visibly displayed and clearly legible on at least one exterior side of the mobile establishment.

Note: See section s. SPS 364.0401 to 364.0404, Wisconsin administrative code.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (2) and (4), cr. (12), Register, December, 1990, No. 420, eff. 1-1-91; emerg. am. (12), eff. 8-8-91; am. (12), Register, February, 1992, No.434, eff. 3-1-92; am. (2), (5) and (11), Register, May, 1993, No. 449, eff. 6-1-93; r. (2), am. (5), (6) and (12) and cr. (13) and (14), Register, May, 1999, No. 521, eff. 6-1-99; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1999, No. 521; CR 05-118: am. (7) Register November 2006 No. 611, eff. 12-1-06; corrections in (1), (7), (8) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 15-035: am. (6), (10) Register December 2015 No. 720, eff. 1-1-16; CR 20-025: am. (1) Register July 2021 No. 787, eff. 8-1-21; CR 24-088: am. (11), cr. (15) Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § Cos 3.02 Other establishment requirements {#sec-cos-3.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.02}

(1) Cosmetology manager required. The owner of a cosmetology establishment shall not operate the establishment unless a cosmetology manager has been employed for the establishment, subject to the exception for temporary unavailability of a cosmetology manager in s. Cos 2.06 (5). The cosmetology manager shall be responsible for supervising and managing the operation of the establishment. The owner and the cosmetology manager shall ensure that the establishment operates in compliance with ch. 454, Stats., and rules of the board as follows:

(a) The owner of more than one establishment shall employ a sufficient number of cosmetology managers to satisfy the requirement that a cosmetology manager be present full time in each establishment as defined in s. Cos 1.01 (7).

(b) The owner of a cosmetology establishment may satisfy the requirement in this section by employing a cosmetology manager who also works at an establishment owned by a different person, provided the cosmetology manager works full time as defined in s. Cos 1.01 (7) at each establishment where he or she is employed as a cosmetology manager.

(c) A cosmetology manager is required to be present in an establishment full time, as defined in s. Cos 1.01 (7), but if an establishment is open for more than 30 hours per week, the cosmetology manager is not required to be present in the establishment at all times when the establishment is open for business, and the cosmetology manager may be absent for reasonable brief periods during a day.

(2) Chair or booth leasing. An owner may lease a chair or booth to a licensed individual as follows:

(a) A lease agreement shall be in writing.

(b) The lessee of a chair or booth shall be responsible for ensuring that the leased chair or booth operates in compliance with ch. 454, Stats., and the rules of the board, and the lessee shall hold a cosmetology and an establishment license.

Note: “Lease agreement” in this section includes chair and booth “rental” agreements. To avoid unintended insurance and tax consequences all parties to a lease or rental agreement are advised to consult with appropriate business advisors and government agencies.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; r. and recr., Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (1) (intro.), r. and recr. (2) (b) Register September 2003 No. 573, eff. 10-1-03; CR 05-118: am. (1) (a) to (c) Register November 2006 No. 611, eff. 12-1-06; corrections in (1) (intro.), (a) to (c), (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 15-035: am. (1), (2) (b), r. (3) Register December 2015 No. 720, eff. 1-1-16; CR 18-002: am. (1) (intro.), (2) (b) Register April 2018 No. 748, eff. 5-1-18.

Wis. Admin. Code § Cos 3.04 Establishment applications {#sec-cos-3.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.04}

(1) Before a person may open a new establishment, or change the ownership of an existing establishment, or relocate and create a new establishment as specified in s. Cos 3.06 (2), the person shall submit an application to the board on a form specified by the board.

(2) The application required under sub. (1) shall include all of the following:

(a) The identity of the owner.

(b) A mailing address where board correspondence may be received.

(c) The physical address of the establishment, or, for a mobile establishment, the physical address where the mobile establishment is parked when not in service.

(d) The name of the cosmetology manager required under s. 454.08 (6), Stats.

(e) The type of business.

(f) A copy of the floor plan showing dimensions and required equipment.

(g) For a mobile establishment, a description of the vehicle or mobile structure to be used as the mobile establishment, photographs of the interior and exterior, and the vehicle registration of the mobile establishment.

(h) Any other information which may be needed to approve the issuance of a license.

(3) Upon approval of the application and issuance of the license in the establishment, the establishment may open for business.

(4) Falsification of any information on the application may be grounds for denial, suspension or revocation of the establishment license and subject the applicant to penalties as indicated in s. 454.16, Stats.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (2), Register, May, 1993, No. 449, eff. 6-1-93; am. (1), (2) and (3), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (1) Register September 2003 No. 573, eff. 10-1-03; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 15-035: am. (2) Register December 2015 No. 720, eff. 1-1-16; CR 24-088: r. and recr. (2) Register September 2025 No. 837, eff. 10-1-25; correction in (2) (a) made under s. 35.17, Stats., Register September 2025 No. 837.

Wis. Admin. Code § Cos 3.05 Inspections {#sec-cos-3.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.05}

(1) Inspections by field representatives or agents of the board may be conducted to assure compliance with ch. 454, Stats., and chs. Cos 1 to 10.

(2) Upon notification of violation, licensees shall respond within 5 days either by notifying the board of correction of the violation or presenting a proposed plan of correction for board approval.

(3) Failure to respond to a notice of violation, or to comply with a plan of correction approved by the board, is unprofessional conduct.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; r. (1), renum. (2) to (4) to be (1) to (3), Register, May, 1993, No. 449, eff. 6-1-93; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 15-035: am. (1) Register December 2015 No. 720, eff. 1-1-16; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2021 No. 787.

Wis. Admin. Code § Cos 3.06 Change of ownership or location {#sec-cos-3.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.06}

(1) Change of ownership of any establishment constitutes the creation of a new establishment and requires submission of an application for a new establishment license.

(2) Change of location of any establishment constitutes the creation of a new establishment and requires submission of an application for a new establishment license. A change to the parking location or mailing address of a mobile establishment or the relocation of a leased chair or booth which is licensed as an establishment and housed within a lessor establishment requires only written notification to the department identifying the change of parking location, mailing address, chair, or booth.

History

Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (2) Register September 2003 No. 573, eff. 10-1-03; CR 05-118: am. (2) Register November 2006 No. 611, eff. 12-1-06; CR 24-088: am. (2) Register September 2025 No. 837, eff. 10-1-25.

Chapter Cos 4 SANITATION AND SAFETY

Wis. Admin. Code § Cos 4.01 Equipment and sanitation {#sec-cos-4.01 omnilex-key=us-wi-regs-official--agency-cos--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, shall be maintained in a clean, sanitary, and safe condition.

(2) Licensees shall wash their hands thoroughly with soap and running water prior to serving each patron and following removal of gloves. Waterless hand washing agents with alcohol as an active ingredient with a concentration of at least 60% are an acceptable substitute for washing hands that are not visibly soiled with soap and running water.

(3) All tools, implements and items that come in direct contact with a client shall be cleaned and disinfected or disposed of after use on each client.

(3g) All non-disposable, disinfectable manicure tools and implements shall be cleaned and disinfected with a disinfectant as defined in s. Cos 1.01 (6), after use on each client.

(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, sanding bands or sleeves, and disposable nail bits shall be disposed of after each use.

(4) All liquids, creams, powders and semi-solid substances shall be dispensed from a container in a manner which will prevent contamination of the unused portion of the substance.

(5) Shampoo bowls and basins shall be drained after each use and kept in a sanitary and safe condition.

(6) Clean towels shall be used for each patron. A neckstrip or towel shall be placed around the neck of the patron to prevent contact with the cape. The head rest of any operating chair shall be covered with fresh linen or paper for each patron.

(7) All other equipment and instruments shall be clean to sight and touch.

(8) Licensees using lancets for the lateral piercing of raised whiteheads shall utilize only pre-sterilized, single use, disposable lancets.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; cr. (2), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (2), cr. (3) to (7) Register September 2003 No. 573, eff. 10-1-03; CR 05-118: am. (2), cr. (8) Register November 2006 No. 611, eff. 12-1-06; CR 15-035: am. (2), r. (3), cr. (3), (3g), (3r) Register December 2015 No. 720, eff. 1-1-16; CR 20-025: am. (1), (3r) Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § Cos 4.02 Disinfection {#sec-cos-4.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.02}

(1) Unless sterilized, disinfection is required prior to reuse on another patron of any personal care instruments, including scissors, razors, clipper blades and tweezers, excluding tweezers used in electrolysis.

(2) Disinfection for scissors, razors, clipper blades and tweezers shall consist of cleaning with soap and water to remove all organic material, wiping with or soaking in a disinfectant as defined in s. Cos 1.01, and air-drying.

(3) Disinfection for combs, lifts, brushes, rollers and any other contact equipment shall consist of cleaning with soap and water to remove all organic material, treating with a disinfectant as defined in s. Cos 1.01, and air-drying.

(4) Clean and disinfected contact equipment shall be placed in one or more covered containers. One or more separate containers shall be provided for the immediate storage of soiled contact equipment until cleaned and disinfected.

(5) Disinfectant used for decontamination shall be changed daily and shall be kept in a covered container.

(6) Laundry shall be disinfected by washing with a solution containing a germicidal compound.

Note: Chlorine Bleach and Lysol® (brown bottle) are germicidal compounds.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1) and (2), Register, May, 1993, No. 449, eff. 6-1-93; am. (2), Register, March, 1994, No. 459, eff. 4-1-94; am. (3) and (4), cr. (3) (a) (b) and (3a), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: r. and recr. Register September 2003 No. 573, eff. 10-1-03; CR 05-118: am. (1) Register November 2006 No. 611, eff. 12-1-06; corrections in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 15-035: am. (3) Register December 2015 No. 720, eff. 1-1-16.

Wis. Admin. Code § Cos 4.03 Sterilization {#sec-cos-4.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.03}

(1) Sterilization in ss. Cos 4.07, 4.09 and 4.10 shall be accomplished by use of a dry heat or steam sterilizer cleared for marketing by the food and drug administration, used according to manufacturer’s instructions. If steam sterilization, moist heat, is utilized, heat exposure shall be at a minimum of 121° C., 250° F., for at least 30 minutes. If dry heat sterilization is utilized, heat exposure shall be at a minimum of 171° C., 340° F., for at least 60 minutes.

(2) Sterilizers shall be maintained in working order. Equipment shall be checked in compliance with manufacturer’s recommendations at least monthly to ensure that it is reaching required temperatures.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1), Register, May, 1993, No. 449, eff. 6-1-93; am. Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. Register September 2003 No. 573, eff. 10-1-03; CR 05-118: am. (2) Register November 2006 No. 611, eff. 12-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 4.04 Supplies {#sec-cos-4.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.04}

(1) All establishments shall supply each licensee with at least one of the antiseptics listed in s. Cos 4.05.

(2) All licensees working in a licensed establishment shall be supplied with bandages and disposable gloves.

(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.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (1) Register September 2003 No. 573, eff. 10-1-03; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 15-035: am. (1) Register December 2015 No. 720, eff. 1-1-16; correction in (1) made under s. 35.17, Stats., Register December 2015 No. 720; CR 20-025: cr. (3) Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § Cos 4.045 Prohibited materials {#sec-cos-4.045 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.045}

Cosmetologists, aestheticians, electrologists, or manicurists may not use pumice stones or credo razors when providing services.

History

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

Wis. Admin. Code § Cos 4.05 Procedure for exposure to blood {#sec-cos-4.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.05}

(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.

(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.

(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.

History

CR 20-025: r. and recr. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § Cos 4.06 Precautionary procedures {#sec-cos-4.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.06}

(1) A licensee shall cover any abrasions, oozing or open lesions or wounds on his or her hands or forearms prior to patron contact. If a licensee has oozing or open lesions or weeping dermatitis on his or her hands or forearms that cannot be effectively covered, the licensee shall refrain from direct patron contact until the condition has been resolved.

(2) A licensee shall use disposable protective gloves when dealing with patrons with oozing or open lesions or weeping dermatitis. These gloves shall be changed between patrons and disposed of after use. Gloves shall be removed upon completion of patron services, and hands washed after glove removal.

Note: It is recommended that licensees use protective gloves in handling caustic chemicals such as permanent waving solution and neutralizer or hair straightening preparations. The handling of these substances without protection can cause skin damage which may provide a route for infection to be transmitted to the licensee.

(3) Licensees shall carefully bag and dispose of paper products contaminated with blood and thoroughly cleanse and disinfect linens contaminated with blood in accordance with s. Cos 4.02 (6).

Note: Paper products contaminated with blood may be disposed of in the regular trash unless saturated with blood. See s. NR 526.05 (Department of Natural Resources).

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (2), Register, May, 1999, No. 521, eff. 6-1-99; CR 05-118: am. (3) Register November 2006 No. 611, eff. 12-1-06; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 4.07 Ear piercing {#sec-cos-4.07 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.07}

Ear piercing may be performed by non-licensees, but licensees performing ear piercing shall do all of the following:

(1) Wear disposable protective gloves. These gloves shall be changed between patrons and disposed of after each use. Hands shall be washed after removal of gloves.

(2) Thoroughly wash the skin area to be pierced with soap and water or a waterless washing agent with alcohol as an active ingredient.

(3) Apply an antiseptic to the skin surface of the area to be pierced and allow the antiseptic to air dry.

Note: Iodine and Betadyne® are acceptable antiseptics.

(4) Sterilize earrings, needles, or any other piercing instruments prior to insertion. Pre-sterilized earrings may be utilized.

(5) Prior to each use all other surfaces that come into contact with the skin of the patron shall be disinfected.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (intro.), (1), (3), (4) and (5), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (3) to (5) Register September 2003 No. 573, eff. 10-1-03; CR 05-118: am. (intro.) and (2) Register November 2006 No. 611, eff. 12-1-06.

Wis. Admin. Code § Cos 4.08 Waxing {#sec-cos-4.08 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.08}

(1) Electrologists performing waxing shall have completed training in depilation by waxing in a school of electrology or a school of cosmetology consisting of not less than 8 training hours in all of the following areas:

(a) Hygiene and sterilization.

(b) Treatments with hard hot wax.

(d) Hair removal from legs and arms, bikini and underarm hair.

(e) Removal of facial hair.

(f) Eyebrow shaping.

(g) Post depilation treatments.

(2) Manicurists performing waxing shall have completed training in depilation by waxing in a school of cosmetology or a school of manicuring consisting of not less than 8 training hours in all of the following areas:

(a) Hygiene and sterilization.

(b) Treatments with hard hot wax.

(d) Hair removal from the foot, lower leg, hand and forearm.

(e) Post depilation treatments.

(3) Licensees performing depilation by waxing shall do all of the following:

(a) Apply a topical antiseptic to the skin surface of the area to be waxed and allow the antiseptic to air dry.

(b) Dispose of spatulas after each use.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (intro.), (1) and (2), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (1) Register September 2003 No. 573, eff. 10-1-03; CR 05-118: renum. (intro.) to (3) to be (3) and am. (3) (a), cr. (1) and (2) Register November 2006 No. 611, eff. 12-1-06; corrections in (1) (intro.), (2) (intro.) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 4.09 Electrolysis {#sec-cos-4.09 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.09}

Licensees performing electrolysis shall:

(1) Use sterilized needles, lancets and tweezers for each patron, in accordance with s. Cos 4.03.

(2) Wear disposable protective gloves when working on a patron. These gloves shall be changed between patrons and disposed of following use. Hands shall be washed after removal of gloves.

(3) Thoroughly wash the skin area to be treated with soap and water. Apply an antiseptic to the skin surface of the patron and allow the antiseptic to air dry prior to commencing electrolysis.

(4) Dispose of needles and lancets in a puncture resistant container specifically designed for disposal. Full sharps containers shall be disposed of appropriately.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (2), (3) and (4), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: am. (1), (3) and (4), cr. (3m) Register September 2003 No. 573, eff. 10-1-03; CR 05-118: r. (3m) Register November 2006 No. 611, eff. 12-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 4.10 Manicuring {#sec-cos-4.10 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.10}

(1) Prior to use, all reusable manicure instruments shall be disinfected.

(2) Disinfectant used for decontamination shall be changed daily and shall be kept in a covered container.

(3) Sterilization shall be accomplished in accordance with s. Cos 4.03.

(4) Manicure instruments that cannot be cleaned and disinfected or sterilized shall be disposed of following each use.

(5) Massaging by manicurists is limited to the hand, including the forearm and elbow, and the foot, including the lower leg and knee.

History

Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (1) (a) and (b), Register, May, 1999, No. 521, eff. 6-1-99; CR 02-058: r. (1) (intro.), renum. (1) (a) to (c) and (2) to be (1) to (4) and am. (1), cr. (5) Register September 2003 No. 573, eff. 10-1-03; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 4.11 Mobile Establishments {#sec-cos-4.11 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.11}

In addition to the requirements of this chapter, a mobile establishment shall comply with the following requirements:

(1) Services shall not be provided unless a mobile establishment is parked, with the engine off, stable, and level.

(2) All services shall be provided inside the interior of the vehicle or structure.

(3) Carpeting is permitted only within driving or cab areas.

(4) All hazardous substances in a mobile establishment shall be stored upright in secured cabinets when the mobile establishment is moving. Regulations in s. Cos 3.01 (6) also apply to a mobile establishment.

(5) All moving parts, including slide outs and steps, shall be in good working order.

History

CR 24-088: cr. Register September 2025 No. 837, eff. 10-1-25.

Chapter Cos 5 COURSES OF INSTRUCTION

Wis. Admin. Code § Cos 5.001 Instruction {#sec-cos-5.001 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.001}

An applicant for licensure as a cosmetologist, aesthetician, electrologist, or manicurist may receive instruction in a school of cosmetology licensed under s. 440.62 (3) (ar), Stats., exempted under s. 440.61, Stats., or accredited by any of the following:

(1) National Accrediting Commission of Career Arts & Sciences (NACCAS).

(2) Accrediting Commission of Career Schools and Colleges (ACCSC).

(3) Council on Occupational Education (COE).

(4) National Interstate Council of State Boards of Cosmetology (NIC).

(5) Any other accrediting agency relating to cosmetology that is recognized by the U.S. Department of Education.

History

CR 15-020: cr. Register July 2015 No. 715, eff. 8-1-15; CR 18-002: am. (intro.) Register April 2018 No. 748, eff. 5-1-18.

Wis. Admin. Code § Cos 5.01 Courses {#sec-cos-5.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.01}

(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.

(3) Courses may be offered to students remotely as deemed appropriate by the school and as approved by the board.

(4) Simulated patrons, such as mannequins, may be used for practical training as deemed appropriate by the board.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; renumber (1) to be Cos 5.01 under s. 13.92 (4) (b) 1., Stats., and correction made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; EmR1502: emerg. am., eff. 1-15-15; CR 15-020: am. Register July 2015 No. 715, eff. 8-1-15; CR 18-002: am. Register April 2018 No. 748, eff. 5-1-18; CR 22-085: r. and recr. Register October 2023 No. 814, eff. 11-1-23.

Wis. Admin. Code § Cos 5.015 Persons providing practical instruction in schools and specialty schools {#sec-cos-5.015 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.015}

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 meets the requirements under s. 440.63 (3), Stats.

History

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

Wis. Admin. Code § Cos 5.02 Practitioner license syllabus {#sec-cos-5.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.02}

A syllabus for the practitioner license is shown below in Figure 5.02:

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. Register, July, 1994, No. 463, eff. 8-1-94; am., Register, May, 1999, No. 521, eff. 6-1-99; am. Register, September, 2000, No. 537, eff. 10-1-00; CR 05-118: am. Register November 2006 No. 611, eff. 12-1-06; correction in Figure 5.02 made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; EmR1502: emerg. r. and recr., eff. 1-15-15; CR 15-020: r. and recr. Figure 5.02 Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § Cos 5.04 Aestheticians license syllabus {#sec-cos-5.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.04}

A syllabus for the aestheticians license is shown below in Figure 5.04:

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. Register, September, 2000, No. 537, eff. 10-1-00; correction in Figure 5.04 made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 5.05 Electrologist license syllabus {#sec-cos-5.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.05}

A syllabus for the electrologist license is shown below in Figure 5.05:

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. Register, September, 2000, No. 537, eff. 10-1-00.

Wis. Admin. Code § Cos 5.06 Manicurist license syllabus {#sec-cos-5.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.06}

A syllabus for the manicurist license is shown below in Figure 5.06:

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. Register, July, 1994, No. 463, eff. 8-1-94; am. Register, September, 2000, No. 537, eff. 10-1-00; CR 05-118: am. Register November 2006 No. 611, eff. 12-1-06; correction in Figure 5.06 made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686.

Chapter Cos 6 APPRENTICESHIP PROCEDURES AND STANDARDS

Wis. Admin. Code § Cos 6.01 Applications and permits {#sec-cos-6.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.01}

(1) The owner of an establishment seeking to train an apprentice shall contact the department of workforce development or the department for an application.

(2) An initial apprenticeship permit shall be issued for a period of 3 years. The permit shall be renewable for one additional one year period upon all of the following:

(a) The payment of the renewal fee specified in s. 440.08 (2) (b), Stats.

(b) Certification to the board from the department of workforce development of acceptable progress by the apprentice in theory instruction and practical training.

(4) An apprentice shall not engage in any cosmetology work or attend school until a permit has been issued.

(5) Each apprentice shall enter an apprenticeship contract with an establishment owner or his or her designated agent who shall employ and make arrangements for training of the apprentice in accordance with ch. 454, Stats., and the rules of the board.

(6) The owner or his or her designated agent shall provide the apprentice with the equipment necessary to learn all phases of practical cosmetology as listed in s. Cos 6.04 and keep records of all apprentice practical work hours.

(7) An apprentice seeking to transfer his or her apprenticeship contract to another establishment owner shall contact the department of workforce development or the department for transfer procedures. An apprentice shall not transfer without prior approval of the board.

(8) Cancellation of an apprenticeship contract by the department of workforce development shall result in an automatic suspension of an apprenticeship permit.

(9) An apprentice who has failed to complete an apprenticeship within 4 years from the date of issuance of his or her initial permit may apply for reentry into the apprenticeship program. Upon its review of the applicant’s apprenticeship records, the board may deny the application or issue another apprenticeship permit under specified terms and conditions. The board may allow an apprentice credit for theory and practical training actually obtained under a previous permit.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (5) and (6), Register, May, 1993, No. 449, eff. 6-1-93; am. (1), (4), (5), (6) and (7), r. and recr. (2), r. (3) and cr. (8) and (9), Register, May, 1999, No. 521, eff. 6-1-99; corrections in (4), (6) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 6.02 Theory and practical instruction {#sec-cos-6.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.02}

Following issuance of an apprenticeship permit, an apprentice shall enroll in the first available course of theory instruction at a school of cosmetology and shall maintain acceptable attendance and progress in instruction and practical training. The manager shall pay the apprentice for the hours of school attendance and practical training.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. Register, May, 1993, No. 449, eff. 6-1-93; am. Register, May, 1999, No. 521, eff. 6-1-99; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 6.03 Theory syllabus for apprentices {#sec-cos-6.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.03}

Schools which provide theory instruction for apprentices shall develop a curriculum based on the syllabus in Figure 6.03 (1):

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. Figure 6.03 (1), VII, Register, November, 1994, No. 467, eff. 12-1-94; am. (1), Register, May, 1999, no. 521, eff. 6-1-99; CR 05-118: am. Figure 6.03 (1) Register November 2006 No. 611, eff. 12-1-06; correction in Figure 6.03 (1) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 6.04 Practical training for apprentices {#sec-cos-6.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.04}

(1)

(a) The establishment owner with whom an apprentice contracts shall employ a cosmetology manager, whose cosmetology license is not an inactive license, to train and supervise the apprentice, except as provided in pars. (b) and (c). An apprentice shall only work under the supervision of a cosmetology manager, except as provided in pars. (b) and (c).

(b) A cosmetology manager may delegate their supervisory duty to a practitioner who has completed at least 2,000 hours of licensed practice.

(c) A cosmetology manager may delegate their supervisory duty to a barber licensed under ch. 454, Stats., who has completed at least 2,000 hours of licensed practice, but only if the apprentice is a barbering apprentice as referenced in s. 454.22 (1) (c), Stats., and if the apprentice engages only in barbering.

Note: Under sections 454.10 (1) and 454.26 (1) of the Statutes, every apprentice is also governed by section 106.01 of the Statutes and chapter DWD 295.

(3) Each apprentice must receive at least 3,712 hours of training and experience in the practical services of cosmetology to qualify for the examination as a practitioner. Training and experience shall include the subjects and practical hours of training shown below in Figure 6.04 (3):

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1), r. (2), Register, May, 1993, No. 449, eff. 6-1-93; am. Figure 6.04 (3), V, Register, November, 1994, No. 467, eff. 12-1-94; am. (1) and (3), Register, May, 1999, No. 521, eff. 6-1-99; CR 05-118: am. Figure 6.04 (3) Register November 2006 No. 611, eff. 12-1-06; correction in (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 12-016: renum. (1) to (1) (a) and am., cr. (1) (b), (c) Register August 2013 No. 692, eff. 9-1-13; CR 15-035: am. (1) Register December 2015 No. 720, eff. 1-1-16; CR 18-002: am. (1) (a) Register April 2018 No. 748, eff. 5-1-18.

Wis. Admin. Code § Cos 6.05 Transfer credit {#sec-cos-6.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.05}

(1) Apprentices transferring to a school program shall be granted credit for hours attained at a ratio of one apprentice theory hour to one student theory hour and 4 apprentice practical hours to one student practical hour.

(2) Students transferring to an apprenticeship program shall be granted credit for hours attained at a ratio of one apprentice theory hour to one student theory hour and one apprentice practical hour to one student practical hour.

(3) The department may grant transferees to an apprenticeship program credit for calendar time spent in prior training.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (2) and cr. (3), Register, May, 1999, No. 521, eff. 6-1-99.

Chapter Cos 7 EXAMINATIONS

Wis. Admin. Code § Cos 7.01 Administration {#sec-cos-7.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.01}

The board may do any of the following:

(1) Prepare, administer, or grade examinations.

(2) Approve, in whole or in part, an examination prepared, administered, and graded by a test service provider.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; CR 10-014: r. and recr. Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Cos 7.02 Competency tested {#sec-cos-7.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.02}

(1) The board shall determine the subject matters for each license and design the examinations to test for minimum competence in the subjects tested.

(2) The board shall make available general information describing the competencies upon which the examination is based.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; CR 10-014: r. and recr. (1), am. (2) Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Cos 7.03 Form of examination; practitioner {#sec-cos-7.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.03}

An applicant for licensure as a cosmetologist, aesthetician, electrologist, or manicurist shall complete a written examination and a practical examination.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. Register, May, 1999, No. 521, eff. 6-1-99; CR 10-014: am. (1), (2), r. (3) Register November 2010 No. 659, eff. 12-1-10; correction in (1) 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; CR 18-002: r. (2) Register April 2018 No. 748, eff. 5-1-18; renumber. (1) to 7.03 unders s. 13.92 (4) (b) 1., Stats., and correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register April 2018 No. 748.

Wis. Admin. Code § Cos 7.04 Passing scores {#sec-cos-7.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.04}

The passing score of the examinations for licensure as a cosmetologist, aesthetician, manicurist, or electrologist shall be based on the board’s determination of the level of examination performance required for minimum competence in the profession.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; emerg. am. (1) and (4), eff. 1-3-94; am. Register, July, 1994, No. 463, eff. 8-1-94; am. (1), Register, May, 1999, No. 521, eff. 6-1-99; CR 10-014: renum. (1) to be BC 7.04 and am., r. (1) (title), (2) to (5) Register November 2010 No. 659, eff. 12-1-10; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 15-035: am. Register December 2015 No. 720, eff. 1-1-16; CR 18-002: am. Register April 2018 No. 748, eff. 5-1-18.

Wis. Admin. Code § Cos 7.05 Unauthorized assistance {#sec-cos-7.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.05}

The board may deny a license to an applicant who gives or receives unauthorized assistance during the examination or withhold the applicant’s score and may schedule the applicant for reexamination at a future time at the applicant’s expense.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; CR 10-014: am. Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Cos 7.06 Practical examination score reports {#sec-cos-7.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.06}

The board shall provide to an applicant a report of the reasons for failure of an examination.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; CR 10-014: r. and recr. Register November 2010 No. 659, eff. 12-1-10.

Wis. Admin. Code § Cos 7.09 Reexamination {#sec-cos-7.09 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.09}

(1) An applicant may retake failed parts of an examination within one year from the date of the initial examination. Applicants shall take all parts failed.

(2) Scores of retake examinations shall be combined with examination parts previously passed to determine the score for the entire examination.

(3) Applicants who do not successfully complete an examination within one year shall retake the entire examination.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1), renum. (2) to be (3), renum. and am. (3) to be (2) and cr. (4), Register, May, 1999, No. 521, eff. 6-1-99; CR 10-014: renum. (2), (4) to be (3), (2) and am. (2), r. (3) Register November 2010 No. 659, eff. 12-1-10.

Chapter Cos 8 LICENSURE

Wis. Admin. Code § Cos 8.005 Definitions {#sec-cos-8.005 omnilex-key=us-wi-regs-official--agency-cos--Cos 8.005}

For the purposes of this chapter:

(1) “Former service member” has the meaning provided in s. 440.09 (1) (a), Stats.

(2) “Service member” has the meaning provided in s. 440.09 (1) (b), Stats.

(3) “Spouse” has the meaning provided in s. 440.09 (1) (c), Stats.

History

CR 20-025: cr. Register July 2021 No. 787, eff. 8-1-21; correction in (intro.) made under s. 35.17, Stats., Register July 2021 No. 787.

Wis. Admin. Code § Cos 8.01 Licensing requirement {#sec-cos-8.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 8.01}

(1) An applicant for licensure as a cosmetologist shall satisfy the requirements in s. 454.06 (1) and (2), Stats.

(3) An applicant for licensure as an aesthetician shall satisfy the requirements in s. 454.06 (1) and (4), Stats.

(4) An applicant for licensure as an electrologist shall satisfy the requirements in s. 454.06 (1) and (5), Stats.

(5) An applicant for licensure as a manicurist shall satisfy the requirements in s. 454.06 (1) and (6), Stats.

Note: An individual may apply to the Department of Safety and Professional Services for a determination of whether the individual would be disqualified from obtaining the credential due to a criminal conviction. Application forms are available on the department’s website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 8935, Madison, Wisconsin 53708, or call (608) 266-2112.

History

CR 05-118: cr. Register November 2006 No. 611, eff. 12-1-06; correction in (1) 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; CR 18-002: r. (2) Register April 2018 No. 748, eff. 5-1-18.

Wis. Admin. Code § Cos 8.02 Licensing requirement without examination {#sec-cos-8.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 8.02}

The board may grant a license to practice cosmetology, aesthetics, electrology, or manicuring without examination to a licensee of another state provided that one of the following conditions are met:

(1) The board has entered into a written reciprocal agreement with the licensing authority of another state, where the education and services practiced are substantially equivalent to those in Wisconsin, in accordance with s. 454.13 (2), Stats.

(2) The applicant has completed all of the following requirements:

(a) The applicant holds a current license in good standing in another jurisdiction.

(b) The applicant pays the appropriate fee as indicated in s. 440.05, Stats.

(c) The applicant completes a board-approved one-hour course regarding Wisconsin statutes and administrative code applicable to their practice.

(3) A service member, former service member, or spouse of a service member or former service member who resides in this state, shall be granted a license issued under s. 454.06, Stats., if the individual meets all the following requirements:

(a) The individual applies for a reciprocal credential on a form prescribed by the board.

(b) The individual pays the fee specified under s. 440.05 (2).

(c) The individual holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform the acts authorized under the appropriate credential granted by the board.

(d) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a license, certification, registration, or permit that qualifies the individual to perform acts authorized under the appropriate credential granted by the board.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; renum. (1) (intro.) to be (intro.), renum. and am. (1) (a) to (c) to be (1) to (3) and cr. (4), Register, May, 1999, No. 521, eff. 6-1-99; CR 05-118: renum. from BC 8.01 and am. Register November 2006 No. 611, eff. 12-1-06; correction in (intro.) made under s. 13.92 (4) (b) 6., 7., Stats., Register February 2013 No. 686; CR 15-035: am. (intro.) Register December 2015 No. 720, eff. 1-1-16; CR 18-002: am. (intro.) Register April 2018 No. 748, eff. 5-1-18; CR 20-025: r. and recr. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § Cos 8.03 Inactive license {#sec-cos-8.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 8.03}

Any person who has been granted an inactive license, under s. 454.06 (8m), Stats., may not receive compensation for directly performing cosmetology services as defined under s. 454.01 (7m), Stats., and may not perform cosmetology services as defined under s. 454.01 (7m), Stats., in a licensed establishment.

Note: Activities permitted by an inactive license holder include purchasing supplies or cutting hair outside of an establishment, without compensation, such as for a resident in a nursing home.

History

CR 15-035: cr. Register December 2015 No. 720, eff. 1-1-16

Chapter Cos 9 RENEWAL AND REINSTATEMENT

Wis. Admin. Code § Cos 9.01 License renewal {#sec-cos-9.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 9.01}

To renew a license a licensee shall, on or before March 31 of every odd-numbered year, file with the department all of the following:

(1) An application for renewal on a form prescribed by the department.

(2) The fee determined by the department under s. 440.03 (9) (a), Stats.

History

Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1), renum. (2) (intro.) to be (2) and am., r. (2) (a) and (b), cr. (3), Register, May, 1993, No. 449, eff. 5-1-93; renum. and am. (3) to be BC 9.02, Register, May, 1999, No. 521, eff. 6-1-99; CR 09-065: r. and recr. Register March 2010 No. 651, eff. 4-1-10; CR 11-011: am. (3) Register March 2012 No. 675, eff. 4-1-12; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 18-031: r. (3) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § Cos 9.02 Late renewal before 5 years {#sec-cos-9.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 9.02}

If the application for renewal is filed less than 5 years after the expiration of the applicant’s last license, the applicant shall pay the late renewal fee in s. 440.08 (3) (a), Stats.

History

CR 09-065: cr. Register March 2010 No. 651, eff. 4-1-10; CR 11-011: am. Register March 2012 No. 675, eff. 4-1-12; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 15-035: am. (title) Register December 2015 No. 720, eff. 1-1-16; CR 18-031: am. Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § Cos 9.03 Late renewal after 5 years and reinstatement {#sec-cos-9.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 9.03}

(1) Late renewal after 5 years. If the application for renewal is 5 years or more after the expiration of the applicant’s last license, the board in its discretion may require as a condition of renewal that the applicant successfully pass the examination required in s. Cos 7.03.

(2) Reinstatement. An applicant who has a license with unmet disciplinary requirements which has not been renewed within five years of the renewal date or whose license has been surrendered or revoked may apply to have the license reinstated in accordance with all of the following:

(a) Evidence of completion of the requirements in sub. 1, if the credential has not been renewed within the last 5 years.

(b) Evidence of completion of disciplinary requirements, if applicable.

Note: A person may not practice as a cosmetologist, aesthetician, electrologist, or manicurist prior to being granted reinstatement of their respective license.

History

Renum. and am. from BC 9.01 (3), Register, May, 1999, No. 521, eff. 6-1-99; CR 09-065: renum. and am. from BC 9.02 Register March 2010 No. 651, eff. 4-1-10; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; CR 15-035: r. and recr. Register December 2015 No. 720, eff. 1-1-16.

Chapter Cos 10 FORFEITURES

Wis. Admin. Code § Cos 10.01 Authority and scope {#sec-cos-10.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.01}

(1) The rules in ch. Cos 10 are adopted pursuant to authority in s. 454.15, Stats.

(2) The citation procedures established by this section may be used in an action to recover a forfeiture under s. 454.15 (3), Stats.

(3) The citation form provided by this section may serve as the initial pleading for a disciplinary action and is adequate process to give the board jurisdiction over the credential holder, if the citation is served upon the credential holder and filed with the board.

History

CR 02-058: cr. Register September 2003 No. 573, eff. 10-1-03; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Wis. Admin. Code § Cos 10.02 Citation for administrative forfeiture {#sec-cos-10.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.02}

(1) A citation under this section shall be issued by a consumer protection investigator and shall contain substantially the following information:

(a) The name, address and credential number of the credential holder.

(b) The name and signature of the individual issuing the citation and the name of the department.

(c) A description of the violation alleged, the time and place of its occurrence, a statement that the respondent committed the violation, and the statute or administrative code provision violated.

(d) Notice that the credential holder may submit a response contesting the citation and requesting a hearing. Notice shall include the date and address for the timely submission of a request. A request for hearing must be in writing.

(e) The forfeiture and costs assessment requested by the division.

(f) A summary of the citation procedure, including the following:

Provisions for deposit and stipulation in lieu of an appearance before an administrative law judge or the board.
Notice, including date, time and address, that the licensee may enter a plea of contesting the violations cited and request a hearing on the alleged violation.

(2) A citation shall be substantially in the form shown in Appendix I.

History

CR 02-058: cr. Register September 2003 No. 573, eff. 10-1-03.

Wis. Admin. Code § Cos 10.03 Service {#sec-cos-10.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.03}

Service of a citation under this section may be accomplished by mailing a copy of the citation to the credential holder at the last known address of the credential holder or by any procedure described in s. 801.14 (2), Stats.

History

CR 02-058: cr. Register September 2003 No. 573, eff. 10-1-03.

Wis. Admin. Code § Cos 10.04 Filing {#sec-cos-10.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.04}

Filing a citation with the board shall be accomplished by delivery of a copy of the citation to the offices of the board.

History

CR 02-058: cr. Register September 2003 No. 573, eff. 10-1-03.

Wis. Admin. Code § Cos 10.05 Effect of payment {#sec-cos-10.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.05}

The credential holder may deposit the amount of forfeiture identified in the citation by mailing the deposit and a copy of the citation to the division. Payment shall be treated as a plea of no contest and submission to an order of forfeiture plus costs, not to exceed the amount of the deposit.

History

CR 02-058: cr. Register September 2003 No. 573, eff. 10-1-03.

Wis. Admin. Code § Cos 10.06 Request for hearing {#sec-cos-10.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.06}

Within 20 days of the date of service of the citation, the licensee may enter a plea contesting the violation cited and request a hearing on the alleged violation cited. Submission of a plea contesting violations and requesting a hearing shall be in writing and submitted to the division.

History

CR 02-058: cr. Register September 2003 No. 573, eff. 10-1-03.

Wis. Admin. Code § Cos 10.07 Default {#sec-cos-10.07 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.07}

(1) If the credential holder does not make a deposit or otherwise respond to the citation in a timely fashion, the board may without further proceedings issue an order of default against the credential holder. A default order issued under this section may impose forfeiture and costs, not to exceed the amount identified in the citation. Violation of an order issued under this section may impose forfeiture and costs, not to exceed the amount identified in the citation. Violation of an order issued pursuant to this section may result in a refusal to renew credentialing or additional disciplinary action.

(2) If the credential holder requests a hearing pursuant to s. Cos 10.05 but fails to appear at the hearing at the time scheduled, the credential holder is in default and the board may make findings and enter an order on the basis of the citation. The board may, for good cause, relieve the respondent from the effect of such findings and permit the respondent to answer and defend at any time before the board enters an order or within a reasonable time.

History

CR 02-058: cr. Register September 2003 No. 573, eff. 10-1-03; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686.

Chapter Cos 10 Appendix APPENDIX I

Wis. Admin. Code § Chapter Cos 10 APPENDIX I {#sec-chapter-cos-10 omnilex-key=us-wi-regs-official--agency-cos--Chapter Cos 10}

State of Wisconsin

Department of Safety and Professional Services

Division of Enforcement

CITATION

Name of Credential Holder/Establishment

Street City Zip

Establishment/Owner License #

An investigation/inspection has disclosed the following violations, which must be corrected. Pursuant to s. 454.15 (3), Wis. Stats., the licensing authority is authorized to impose a forfeiture in lieu of or in addition to other disciplinary action against your license.

Day of Week Date Time

On the above stated time, date and location, the above-identified credential holder (describe violation - state facts.)

in violation of Section(s) _______________ of the Wis. Stats. Wis. Adm. Code.

Signature of Investigative Staff Title

PLEASE TAKE NOTICE that the credential holder may deposit a FORFEITURE and costs in the amount of ________________ by mailing a check or money order by no later than twenty (20) days from the date of this citation in the amount of the forfeiture, together with the signed white copy of this form to: the Department of Safety and Professional Services Division of Enforcement, 1400 East Washington Avenue, PO Box 8935, Madison, WI 53708. Payment shall be treated as a plea of no contest to the violation(s) cited above and submission to an order of forfeiture plus costs, not to exceed the amount of the deposit.

State of Wisconsin

Department of Safety and Professional Services

Division of Enforcement

CITATION

Signature of Licensee/Establishment Owner Date

FURTHER NOTICE that within twenty (20) days of the date of service of this citation, the licensee may enter a plea contesting the violation(s) cited and request a hearing on the alleged violation(s). Submission of a plea contesting violations and requesting a hearing shall be in writing and submitted to the Department of Safety and Professional Services Division of Enforcement, 1400 East Washington Avenue, PO Box 8935, Madison, WI 53708.

If the credential holder does not make a deposit or otherwise respond to the citation in a timely fashion, the disciplinary authority may without further proceedings issue an order of default against the credential holder. A default order issued under this section may impose forfeiture and costs, not to exceed the amount identified in the citation. Violation of an order issued pursuant to this section may result in a refusal to renew credentialing or additional disciplinary action.

If the credential holder requests a hearing but fails to appear at the hearing at the time fixed therefor, the credential holder is in default and the disciplinary authority may make findings and enter an order on the basis of the citation.

Wis. Admin. Code Cos — Cosmetology Examining Board

Chapter Cos 1 DEFINITIONS

Wis. Admin. Code § Cos 1.01 Definitions {#sec-cos-1.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 1.01}

Chapter Cos 2 PRACTICE AND PROFESSIONAL CONDUCT

Wis. Admin. Code § Cos 2.01 Definitions {#sec-cos-2.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.01}

Wis. Admin. Code § Cos 2.02 Treatments prohibited, infectious and contagious diseases {#sec-cos-2.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.02}

Wis. Admin. Code § Cos 2.025 Delegated medical procedures {#sec-cos-2.025 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.025}

Wis. Admin. Code § Cos 2.03 Practice standards {#sec-cos-2.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.03}

Wis. Admin. Code § Cos 2.04 Unauthorized practice {#sec-cos-2.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.04}

Wis. Admin. Code § Cos 2.045 Personal care services for persons in hospitals, nursing homes, and correctional institutions {#sec-cos-2.045 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.045}

Wis. Admin. Code § Cos 2.046 Personal care services outside of a licensed establishment generally {#sec-cos-2.046 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.046}

Wis. Admin. Code § Cos 2.05 Advertising {#sec-cos-2.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.05}

Wis. Admin. Code § Cos 2.06 Responsibilities of owners {#sec-cos-2.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.06}

Wis. Admin. Code § Cos 2.07 Responsibilities of the cosmetology manager {#sec-cos-2.07 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.07}

Wis. Admin. Code § Cos 2.08 Responsibilities of licensees {#sec-cos-2.08 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.08}

Wis. Admin. Code § Cos 2.09 Continuing education {#sec-cos-2.09 omnilex-key=us-wi-regs-official--agency-cos--Cos 2.09}

Chapter Cos 3 ESTABLISHMENTS AND INSPECTIONS

Wis. Admin. Code § Cos 3.01 Establishment requirements {#sec-cos-3.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.01}

Wis. Admin. Code § Cos 3.02 Other establishment requirements {#sec-cos-3.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.02}

Wis. Admin. Code § Cos 3.04 Establishment applications {#sec-cos-3.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.04}

Wis. Admin. Code § Cos 3.05 Inspections {#sec-cos-3.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.05}

Wis. Admin. Code § Cos 3.06 Change of ownership or location {#sec-cos-3.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 3.06}

Chapter Cos 4 SANITATION AND SAFETY

Wis. Admin. Code § Cos 4.01 Equipment and sanitation {#sec-cos-4.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.01}

Wis. Admin. Code § Cos 4.02 Disinfection {#sec-cos-4.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.02}

Wis. Admin. Code § Cos 4.03 Sterilization {#sec-cos-4.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.03}

Wis. Admin. Code § Cos 4.04 Supplies {#sec-cos-4.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.04}

Wis. Admin. Code § Cos 4.045 Prohibited materials {#sec-cos-4.045 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.045}

Wis. Admin. Code § Cos 4.05 Procedure for exposure to blood {#sec-cos-4.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.05}

Wis. Admin. Code § Cos 4.06 Precautionary procedures {#sec-cos-4.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.06}

Wis. Admin. Code § Cos 4.07 Ear piercing {#sec-cos-4.07 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.07}

Wis. Admin. Code § Cos 4.08 Waxing {#sec-cos-4.08 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.08}

Wis. Admin. Code § Cos 4.09 Electrolysis {#sec-cos-4.09 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.09}

Wis. Admin. Code § Cos 4.10 Manicuring {#sec-cos-4.10 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.10}

Wis. Admin. Code § Cos 4.11 Mobile Establishments {#sec-cos-4.11 omnilex-key=us-wi-regs-official--agency-cos--Cos 4.11}

Chapter Cos 5 COURSES OF INSTRUCTION

Wis. Admin. Code § Cos 5.001 Instruction {#sec-cos-5.001 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.001}

Wis. Admin. Code § Cos 5.01 Courses {#sec-cos-5.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.01}

Wis. Admin. Code § Cos 5.015 Persons providing practical instruction in schools and specialty schools {#sec-cos-5.015 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.015}

Wis. Admin. Code § Cos 5.02 Practitioner license syllabus {#sec-cos-5.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.02}

Wis. Admin. Code § Cos 5.04 Aestheticians license syllabus {#sec-cos-5.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.04}

Wis. Admin. Code § Cos 5.05 Electrologist license syllabus {#sec-cos-5.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.05}

Wis. Admin. Code § Cos 5.06 Manicurist license syllabus {#sec-cos-5.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 5.06}

Chapter Cos 6 APPRENTICESHIP PROCEDURES AND STANDARDS

Wis. Admin. Code § Cos 6.01 Applications and permits {#sec-cos-6.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.01}

Wis. Admin. Code § Cos 6.02 Theory and practical instruction {#sec-cos-6.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.02}

Wis. Admin. Code § Cos 6.03 Theory syllabus for apprentices {#sec-cos-6.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.03}

Wis. Admin. Code § Cos 6.04 Practical training for apprentices {#sec-cos-6.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.04}

Wis. Admin. Code § Cos 6.05 Transfer credit {#sec-cos-6.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 6.05}

Chapter Cos 7 EXAMINATIONS

Wis. Admin. Code § Cos 7.01 Administration {#sec-cos-7.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.01}

Wis. Admin. Code § Cos 7.02 Competency tested {#sec-cos-7.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.02}

Wis. Admin. Code § Cos 7.03 Form of examination; practitioner {#sec-cos-7.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.03}

Wis. Admin. Code § Cos 7.04 Passing scores {#sec-cos-7.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.04}

Wis. Admin. Code § Cos 7.05 Unauthorized assistance {#sec-cos-7.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.05}

Wis. Admin. Code § Cos 7.06 Practical examination score reports {#sec-cos-7.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.06}

Wis. Admin. Code § Cos 7.09 Reexamination {#sec-cos-7.09 omnilex-key=us-wi-regs-official--agency-cos--Cos 7.09}

Chapter Cos 8 LICENSURE

Wis. Admin. Code § Cos 8.005 Definitions {#sec-cos-8.005 omnilex-key=us-wi-regs-official--agency-cos--Cos 8.005}

Wis. Admin. Code § Cos 8.01 Licensing requirement {#sec-cos-8.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 8.01}

Wis. Admin. Code § Cos 8.02 Licensing requirement without examination {#sec-cos-8.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 8.02}

Wis. Admin. Code § Cos 8.03 Inactive license {#sec-cos-8.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 8.03}

Chapter Cos 9 RENEWAL AND REINSTATEMENT

Wis. Admin. Code § Cos 9.01 License renewal {#sec-cos-9.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 9.01}

Wis. Admin. Code § Cos 9.02 Late renewal before 5 years {#sec-cos-9.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 9.02}

Wis. Admin. Code § Cos 9.03 Late renewal after 5 years and reinstatement {#sec-cos-9.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 9.03}

Chapter Cos 10 FORFEITURES

Wis. Admin. Code § Cos 10.01 Authority and scope {#sec-cos-10.01 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.01}

Wis. Admin. Code § Cos 10.02 Citation for administrative forfeiture {#sec-cos-10.02 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.02}

Wis. Admin. Code § Cos 10.03 Service {#sec-cos-10.03 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.03}

Wis. Admin. Code § Cos 10.04 Filing {#sec-cos-10.04 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.04}

Wis. Admin. Code § Cos 10.05 Effect of payment {#sec-cos-10.05 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.05}

Wis. Admin. Code § Cos 10.06 Request for hearing {#sec-cos-10.06 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.06}

Wis. Admin. Code § Cos 10.07 Default {#sec-cos-10.07 omnilex-key=us-wi-regs-official--agency-cos--Cos 10.07}

Chapter Cos 10 Appendix APPENDIX I

Wis. Admin. Code § Chapter Cos 10 APPENDIX I {#sec-chapter-cos-10 omnilex-key=us-wi-regs-official--agency-cos--Chapter Cos 10}

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