Wyoming Administrative Rules 033 — Cosmetology, Board of

331 Cosmetology, Board of

Chapter 1 General Provision

Wyo. Code R. 033.0001.1.04012026 General Provision

Chapter 1

General Provisions

Section 1. Authority. These rules are adopted by the Wyoming State Board of Cosmetology, under the authority granted by W.S. 33-12-123 and -134.

Section 2. Disposition of Fees. Under no circumstances will fees be refunded.

Section 3. Correspondence Courses and Apprenticeship Training. Correspondence courses are not recognized by the Board. Apprenticeship training is only recognized if it is a certified program through a state regulatory agency. The applicant must submit certification of record from the licensing or state regulatory agency.

Section 4. Display of License, Rules, and Notices. All licensees, including schools and salons shall conspicuously display the appropriate license(s), most recent inspection report, and infection control standards in an unobstructed location accessible and visible to the consumer. Notices of closure due to disciplinary action will be affixed to the front entrance of the facility during mandatory closure.

Section 5. Required Photo for Licensure. All licensees are required to provide the board office with a current passport-type (headshot only) photo.

Section 6. Scope of Practice. The following describes the allowable scope of practice for each cosmetology category.

(a) Hairstyling.

(i) Cutting, clipping, or trimming hair;

(ii) Massaging, cleansing, stimulating, manipulating, beautifying, applying oils, lotions, or other preparations, styling, arranging, dressing, braiding, curling, waving, chemical waving, straightening, singeing, bleaching, tinting, coloring, or similar functions upon the scalp, hair, wigs, or hairpiece of any person; and

(iii) Applying extensions to a person's hair by bonding, sewing, braiding, or any other means.

(b) Nail Technology.

(i) Cutting, trimming, polishing, coloring, cleansing, or otherwise treating nails;

(ii) Applying artificial nails; and

(iii) Massaging, cleansing, stimulating, manipulating, beautifying, or applying oils, lotions, or other preparations to a person's hands and arms to the elbows or feet and ankles to the knees by any means.

(c) Esthetics.

(i) Massaging, cleansing, exfoliating, stimulating, manipulating, beautifying, or applying makeup, oils, lotions, or other preparations to the skin using hands, chemicals, mechanical or electrical apparatuses, or appliances;

(ii) Removal of superfluous hair by means other than electrolysis and laser;

(iii) Arching or tinting eyebrows, tinting, chemical waving, or applying extensions to eyelashes; and

(iv) Performing extractions of the face using hands, mechanical or electrical apparatuses, or appliances.

(v) Procedures which pierce the epidermal or dermal layer of the skin are considered invasive and are prohibited.

(vi) Using the term or title of "Medical Esthetician" is not allowed.

(d) Cosmetology.

(i) Encompasses hairstylist, nail technician and esthetics as defined in this chapter, section 6 (a), (b), and (c).

(e) Add-On Hair Removal.

(i) Removal of superfluous hair by means other than electrolysis and laser.

(ii) For licensed Hairstylist and Nail Technicians only.

(f) Add-On Lash and Brow.

(i) Tinting, and chemical waving of the eyelashes and eyebrows, and applying extensions to the eyelashes.

(ii) For licensed Hairstylist and Nail Technicians only.

(iii) This license does not include hair removal.

Section 7. Independent Contractor. An individual holding a current cosmetology, hairstylist, nail technician, or esthetician license who is self-employed working within a licensed salon.

Section 8. Unprofessional or Dishonest Conduct. Unprofessional or dishonest conduct under W.S. 33-12-135(iii) includes, but is not limited to, the following:

(a) Working with an expired or lapsed license is considered non-licensed practice. Any grace period associated with a license is to delay late fee, and does not continue the license.

(b) Any act which constitutes the practice of medicine, unless the cosmetologist is also licensed or certified to perform the act in question by another licensing board.

(c) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice or instruction of cosmetology, nail technology, esthetics, or hairstyling.

(d) Misrepresentation or concealment of a material fact in obtaining or renewing a license.

(e) Advertising which is false, fraudulent, or misleading.

(f) Incompetence, negligence, or any practice which results in injury to a patron or which creates unreasonable risk of harm to a patron.

(g) Suspension, revocation, or restriction of a license by a competent authority in another jurisdiction due to conduct that also violates Wyoming law.

(h) Unlawful possession, use, or delivery of a controlled substance.

(i) Failure to cooperate with the Board or its agents by:

(i) Not furnishing papers, documents, records, or other items requested;

(ii) Not furnishing a full and complete written explanation in response to any complaint filed with the Board;

(iii) Not responding to a subpoena issued by the Board; or

(iv) Interfering with or refusing access to any Board member, agent, or assistant seeking to perform an inspection.

(j) Failure to comply with any order issued by the Board.

(k) Aiding or abetting the practice of cosmetology, nail technology, esthetics, or hairstyling by an unlicensed person.

(l) Practicing beyond the scope of practice authorized by the person's license.

(m) Practicing while suffering from a contagious or infections disease involving serious risk to patrons.

(n) Promotion for personal gain of any inefficacious product, treatment, or service.

(o) Interference with an investigation or disciplinary proceeding by willfully misrepresenting facts, using threats or harassment against any witness to prevent them from providing evidence in a disciplinary proceeding or other legal action, or using financial inducements to any witness to prevent or attempt to prevent the witness from providing evidence in a disciplinary proceeding or other legal action.

(p) Abuse of a patron or nonconsensual sexual conduct with a patron.

Section 9. Publications. All proposed rule changes will be available on the Board's website, cosmetology.wyo.gov and at the Wyoming Secretary of State website, rules.wyo.gov. To obtain a Wyoming law book send a self-addressed, stamped, #10 envelope to the board office at 2515 Warren Avenue, Suite 302, Cheyenne, WY 82002.

Section 10. Credit Hours vs. Clock Hours. The Board will recognize a conversion ratio of thirty (30) clock hours to one (1) credit hour for students transferring to Wyoming to complete their training in cosmetology and related fields. The transferring credit hours must be in the field of cosmetology and have been completed within the five (5) years immediately preceding application.

Section 11. Refresher course and examinations.

(a) Any person whose license has been lapsed for five (5) years or more, and who does not qualify for licensure by endorsement is required to complete a refresher course, of at least one hundred (100) hours at a licensed school, based on curriculum in Chapter 6 of these rules, with emphasis on health, safety and infection control before applying for examinations.

(b) Applicant must pass both a theory and practical exam to obtain licensure.

Section 12. Change of Name, Address or Telephone Number. Each applicant, and licensee shall notify the Board of any change to their legal name, home address, business address, email address or telephone number within thirty (30) days of the change.

Section 13. Temporary Practice Permits for military members and their spouses.

(a) The Board shall not issue temporary practice permits for military members or their spouses under W.S. 33-1-117 (e).

History

• Effective 2026-04-01

Chapter 2 Personal Licensing Requirements and Procedures

Wyo. Code R. 033.0001.2.05152025 Personal Licensing Requirements and Procedures

Chapter 2

Personal Licensing Requirements and Procedures

Section 1. Licensing by Examination.

(a) An applicant who graduated from a cosmetology school with equal or greater hour requirements, as required under Chapter 6 may apply for licensure by taking a theory and practical examination approved by the board.

(b) Applicants shall provide the Board with all documentation relating to their training. If the documents are not in English, they must be translated by a board approved translation company.

(c) Applications for examination shall be submitted to the Board office on the prescribed form accompanied by the required documentation, current passport-type (headshot only) photo, and license fee.

(i) Exam fees for board or board staff administered hands-on practical exam will accompany the exam application.

(ii) Computer-based theory and practical exam fees will be paid directly to the exam administration company.

(d) An applicant who fails the examination must retake any phase of the examination failed. Applicants must register and pay the appropriate fee to the board office or test administration company before retaking the examination.

(e) Any applicant who has failed any phase of an examination and does not pass all phases within one year of failing must retake the entire examination.

Section 2. Licensing by Endorsement.

(a) An applicant from another state or country who meets the requirements of W.S. 33-12-132 may obtain a Wyoming license by endorsement.

(b) Applicants shall provide the Board with all documentation relating to their training and licensing. If documents are not in English, they must be translated by a board approved translation company.

(c) Applications for endorsement shall be submitted to the Board office on the prescribed forms and accompanied by the required documentation, current passport-type (headshot only) photo, and appropriate fees.

History

• Effective 2025-05-15

Chapter 3 Schools

Wyo. Code R. 033.0001.3.06232021 Schools

Chapter 3

Schools

Section 1. Application and License. No person, association, partnership, corporation, or other form of business organization may operate a postsecondary or secondary cosmetology school without first securing a license from the Board.

Section 2. Postsecondary. As used in these regulations, and in application forms issued by the Board, the term "postsecondary" shall mean an institution or school that has certified in its application to the Board that it will only enroll individuals who meet one of the following qualifications:

(a) Hold a high school diploma;

(b) Holds a general education development (GED) certification or its equivalent;

(c) Has completed a home-schooling program that meets the requirements of the state in which it occurred and contains at least twelve (12) high school credits; or

(d) Has provided acceptable proof of prior enrollment, commencing at any date prior to July 1, 2012, in the Title IV eligible academic program at a Title IV eligible postsecondary institution. With respect to an institution, "Title IV eligible" shall have the meaning given in 34 C.F.R. § 600.2 as the regulation existed at the time of such prior enrollment, and with respect to an academic program, "Title IV eligible" shall have the meaning given in 34 C.F.R. § 668.8 as the regulation existed at the time of such prior enrollment. The status of being postsecondary is optional, and an applicant may apply to operate a cosmetology school in Wyoming without such status.

Section 3. Secondary. As used in these regulations and in application forms issued by the Board the term "secondary" shall mean an institution or school that has certified on its application to the Board that it is a public or private vocational-technical school.

Section 4. Applications. All applications shall be made on the prescribed forms and be accompanied by the appropriate fee. The completed application shall include or be accompanied by the following:

(a) For Cosmetology or Hairstyling. A detailed floor plan of the school building showing a minimum of 2,000 square feet of floor space to include the location of restrooms; at least one classroom which is separated from the clinic area by walls or partitions; shampoo area; dispensary; entrances and exits; carpeted areas; and location of all equipment required;

(b) For Nail Technician or Esthetics. A detailed floor plan of the school showing a minimum of 1,000 square feet of floor space to include the location of restrooms; at least one classroom that is separated from the clinic area by walls or partitions; a sink area; dispensary; entrance and exits; carpeted areas; and locations of all equipment required;

(c) For Nail Technician and Esthetics. A detailed floor plan of the school showing a minimum of 1,500 square feet of floor space to include the location of restrooms; at least one classroom that is separated from the clinic area by walls or partitions; a sink area; dispensary; entrances and exits; carpeted areas; and location of all equipment required;

(d) Proof of ownership or a lease agreement covering the premises of the school;

(e) Copies of the school's information brochure, school rules and regulations and policies, and the financial agreements required of students; and

(f) Names and license numbers of all instructors.

Section 5. Inspections. All areas licensed and regulated by the Board shall be open to inspection by authorized representatives of the Board anytime during normal business hours.

Section 6. Premises.

(a) The use of a school as living or sleeping quarters is prohibited. Mattresses are not allowed on the premises.

(b) When a school occupies the same building as another business the school shall be separated from the other areas by a solid partition from floor to ceiling.

(c) Access to a school shall be by means of an outside or separate entrance or from a passageway in a public building. All doors to a school from adjacent areas used for other purposes shall be closeable.

(d) Every school shall provide and maintain two (2) toilets and hand washing facilities for employees, students, and patrons. Restroom facilities shall be convenient and accessible.

(e) All schools shall be adequately heated, lighted, and ventilated.

(f) Walls and ceilings shall be kept clean, painted, or otherwise in good repair. Floors shall be easily cleaned and shall be smooth, washable and in good repair. Acceptable flooring is smooth non-porous surfaced material. Carpeting shall be permitted in reception area only.

Section 7. Consideration of Applications. Applications for school licenses are considered by the Board at regularly scheduled meetings.

Section 8. Definitions. The following definitions shall apply throughout these rules;

(a) Clinic area or "floor" is the part of the school where students with more than the minimum basic training and instruction are permitted to provide services for patrons. No student with fewer hours than fifteen (15) percent of the total required hours per their course of study is permitted to practice cosmetology on patrons or clients.

(b) A class consist of lectures, demonstrations, and discussion designed to provide students with a basic understanding of the principals necessary to the practice of cosmetology and related fields.

Section 9. Facility and Equipment Requirements. Each school must provide and maintain no fewer than the following:

(a) Six work stations;

(b) Six styling chairs;

(c) Three shampoo bowls;

(d) Three shampoo chairs;

(e) One facial booth or room and one facial chair;

(f) Three manicure tables;

(g) Adequate wet disinfectant containers;

(h) Adequate storage for clean implements;

(i) One classroom size chalkboard, white board, or screen;

(j) One mannequin head and hand per cosmetology student, one mannequin head per esthetics student, and one mannequin hand per nail technician student;

(k) Training manuals and curriculum lesson plans for all courses offered;

(l) Two copies of the Wyoming State Board of Cosmetology Law Book in the school's library;

(m) A copy of the Wyoming State Board of Cosmetology Law Book shall be provided to each student upon enrollment and shall become the student's personal copy;

(n) A seal bearing the name of the school shall be impressed on all official documents such as diplomas;

(o) Diplomas shall be delivered to students who complete the prescribed course of study and shall bear the name of the school, the school seal, date of completion, the student's name, and instructor signature(s);

(p) A locking file cabinet for safeguarding student files and records;

(q) A conspicuous sign posted at the school entrance bearing the word "School" and a sign with the words "student work only" posted in plain sight in the clinic area;

(r) Schools designated as nail technician schools must provide all the facility and equipment items in this section excluding (a), (b), (c), (d), and (e);

(s) Schools designated as esthetics schools must provided all the above facility and equipment items in this section excluding (a), (b), (c), (d), and (f); and

(t) Schools designated as hairstyling schools must provide all of the above facility and equipment items in this section excluding (e) and (f).

Section 10. Remote Education.

(a) Schools may offer remote education subject to the limitations in Chapter 6, Section 9 of these rules.

(b) In addition to any other recordkeeping requirements, all courses with any hours obtained remotely, schools shall maintain records of:

(i) Course syllabi;

(ii) Which software the school used to implement remote education; and

(iii) Any contracts or agreements the school enters with the software providers.

Section 11. Instructor/Student Ratio.

(a) At a minimum each school must employ two (2) instructors;

(b) At least one licensed instructor must be present on the school premises at all times students are present;

(c) There shall be no more than twenty (20) students present on school premises per instructor; and

(d) All students and student instructors shall be under supervision of a licensed instructor throughout the entire course of instruction.

Section 12. Advertising. All advertising for a school shall clearly denote that the establishment is a school of cosmetology and that all services are provided by students.

Section 13. School Closing. If a school ceases its operation or is sold as a school the Board shall be immediately notified and all records of instruction for all students attending the school at or before the time of its closing or transfer must be filed with the Board within ten (10) days.

Section 14. School License Renewal. All school licenses expire on December 31st of each year. Failure to renew the license on or before the expiration date shall result in a late fee. A license that has been expired less than ninety (90) days may be renewed. An applicant for renewal of a School license that has been expired for than ninety (90) days must apply for an original license and meet the current requirements and submit current fees.

Section 15. Course Update. Schools must notify the board office of any course changes, and submit new brochures if applicable.

History

• Effective 2021-06-23

Chapter 4 Instructor Licensing and Requirements

Wyo. Code R. 033.0001.4.05152025 Instructor Licensing and Requirements

Chapter 4

Instructor Licensing and Requirements

Section 1. Instructor License.

(a) Licensing by examination requires that:

(i) An applicant shall meet all requirements set forth in chapter 5, section 3 (a) through (d);

(ii) Applicants shall provide the Board with all documentation relating to their training. If the documents are not in English, they must be translated by a board approved translation company;

(iii) Application for examination shall be submitted to the Board office on the prescribed form accompanied by the required documentation, and license fee.

(A) Exam fees for a board or board staff administered hands-on practical exam will accompany the exam application.

(B) Computer-based theory and practical exam fees will be paid directly to the exam administration company.

(iv) An applicant who fails the examination must retake any phase of the examination failed. Applicant must register and pay the appropriate fees to the board office or test administration company before retaking the examination.

(v) Satisfy one of the following:

(A) Have graduated from an instructor program with equal or greater hour requirements as set forth in chapter 6, section 6; or

(B) Have equal or greater study in teaching from outside a cosmetology school; or

(C) A combination of training and work history that is equal or greater to the requirements set forth in chapter 6, section 6.

Section 2. Licensing by Endorsement.

(a) An applicant from another state or country who meets the requirements of W.S. 33-12-132 may obtain a Wyoming Instructor license by endorsement.

(b) Applicants shall provide the Board with all documentation relating to their training and licensing. If documents are not in English, they must be translated by a board approved translation company.

(c) Applications for endorsement shall be submitted to the Board office on the prescribed forms and accompanied by the required documentation, and appropriate fees.

Section 3. Practice by Instructor.

(a) No person actively engaged as an instructor of cosmetology shall practice cosmetology in the school at which the person is employed except as necessary for instructional purposes. Practice in a salon outside the school is not prohibited.

(b) Instructors may only instruct in the field of their professional license.

History

• Effective 2025-05-15

Chapter 5 Student and Student Instructors

Wyo. Code R. 033.0001.5.06232021 § 1 Student Qualifications

Students enrolled in any course in cosmetology or a related field must be at least sixteen (16) years of age and have received at least a tenth-grade education or its equivalent.

History

• Effective 2021-06-23

Wyo. Code R. 033.0001.5.06232021 § 2 Student Enrollment Application

Within ten (10) days of the date of enrollment the school shall submit the prescribed enrollment application to the Board office, accompanied by the following:

(a) Copy of current state-issued driver's license or ID card and social security card or U.S. birth certificate; or

(b) Copy of a current U.S. passport or current permanent resident card; and

(c) Proof of tenth grade education or its equivalent.

History

• Effective 2021-06-23

Wyo. Code R. 033.0001.5.06232021 § 3 Student Instructor Qualifications

Student must meet the following qualifications before enrolling in a school's instructor training course:

(a) Have a high school diploma or its equivalent;

(b) Be at least eighteen (18) years of age;

(c) Have a current Wyoming license in cosmetology or related field; and

(d) Have practiced cosmetology or a related field in a salon for at least fifty (50) weeks with no less than thirty-six (36) hour per week within the last five (5) years immediately preceding enrollment.

History

• Effective 2021-06-23

Wyo. Code R. 033.0001.5.06232021 § 4 Student Instructor Enrollment Application

Within ten (10) days of the date of enrollment the school shall submit the prescribed enrollment application to the Board office accompanied by the following;

(a) Proof of high school graduation or equivalency certificate; and

(b) Proof of work experience as required in Section 3 (d) of this chapter. Proof shall be by notarized statement from employer or tax records.

History

• Effective 2021-06-23

Wyo. Code R. 033.0001.5.06232021 § 5 Student Records and Reports

(a) School shall keep a daily record of student hours that shall be signed by an instructor each day the student attends school. Daily student records are to be kept on the school premises at all times.

(b) On or before the tenth (10th) day of each month, schools shall report student hours acquired during the previous month to the Board office.

(c) All records and reports shall be made on prescribed forms and when applicable be signed by the student and the instructor or school representative. Schools shall maintain a copy of all forms, and provide copies for the student and the board office.

(d) Applications for examination or final course records shall be accompanied by a current passport-type (headshot only) photo.

History

• Effective 2021-06-23

Wyo. Code R. 033.0001.5.06232021 § 6 Transfers

(a) Upon student transfer from one Wyoming school to another, schools shall submit the appropriate notice of withdrawal and enrollment forms to the Board office.

(b) Transfer students from licensed schools in other states or foreign countries having comparable requirements to those of Wyoming will be granted credit for the hours of instruction completed, provided the hours were earned less than five (5) years before transferring and are specific to hours within Wyoming curriculum requirements. Students must provide the Board certification of hours from the states or country's governing board or licensing agency. If hours cannot be certified by the state or licensing agency, certification must be provided by the school. Hours certified by a school must be an original final course record, and be signed by a school representative.

History

• Effective 2021-06-23

Wyo. Code R. 033.0001.5.06232021 § 7 Withdrawals

The school shall submit the required documentation to the Board within fifteen (15) days of a student's withdrawal from school.

History

• Effective 2021-06-23

Wyo. Code R. 033.0001.5.06232021 § 8 Reentry

(a) Reentering students shall be enrolled in accordance with section 2 and 4 of this chapter.

(b) Credit for previously earned hours will not be granted to students who have interrupted their studies for a period of five (5) years or more.

History

• Effective 2021-06-23

Wyo. Code R. 033.0001.5.06232021 § 9 Student Practice

No Student with fewer hours than designated in chapter 3, section 8 (a) shall be permitted to practice cosmetology or related fields on patrons and no student instructor shall practice cosmetology or related fields in the school except as necessary for instructional purposes.

History

• Effective 2021-06-23

Chapter 6 Course of Study

Wyo. Code R. 033.0001.6.04012026 Course of Study

Chapter 6

Course of Study

Section 1. Course of Study for Cosmetology Students. The cosmetology program for all schools shall consist of no less than eight (8) months of education in the study of hair, skin, and nails and meet the state requirement of no less than sixteen hundred (1600) hours of theory and practical instruction to include the following:

(a) Eight hundred fifty (850) hours in the science of hair, general hairstyling and chemical services to include:

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules;

(ii) Anatomy, physiology and histology of the hair and scalp;

(iii) Scalp and hair analysis;

(iv) Scalp disorders and diseases;

(v) Hair care products (chemistry, ingredients, and selection);

(vi) Basics of chemistry;

(vii) Basics of electricity;

(viii) State laws and regulations;

(ix) Professional development;

(x) Pre-and post-service procedures;

(xi) Scalp care, shampooing, and conditioning;

(xii) Haircutting;

(xiii) Hairstyling;

(xiv) Braiding and extensions;

(xv) Wigs and hair additions;

(xvi) Chemical texture services; and

(xvii) Hair color and lightening.

(b) Four hundred fifty (450) hours in the science of esthetics and general esthetics to include:

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules;

(ii) Anatomy, physiology, and histology of the skin;

(iii) Skin analysis;

(iv) Skin disorders and diseases;

(v) Skin care products (chemistry, ingredients, and selection);

(vi) Basics of chemistry;

(vii) Basics of electricity;

(viii) State laws and regulations;

(ix) Professional development;

(x) Pre-and post-service procedures;

(xi) The treatment room;

(xii) Basic facials;

(xiii) Facial massage;

(xiv) Hair removal;

(xv) Advanced topics and treatments; and

(xvi) Makeup.

(c) Three hundred (300) hours in the science of nail technology and general nail technology to include:

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules;

(ii) Anatomy, physiology, and histology of the skin and nails;

(iii) Skin and nail analysis;

(iv) Nail diseases and disorders;

(v) Nail and skin care products (chemistry, ingredients, and selection);

(vi) Basics of chemistry;

(vii) Basics of electricity;

(viii) State laws and regulations;

(ix) Professional development;

(x) Pre-and post-service procedures;

(xi) Basic and advanced manicures and pedicures;

(xii) Polishing and design;

(xiii) Hand, arm, foot, and leg massage;

(xiv) Hand and feet treatments;

(xv) Nail tips and wraps;

(xvi) Nail enhancements;

(xvii) Electric filing; and

(xviii) Creative design.

Section 2. Course of study for Hairstyling Students. The hairstyling program for all schools shall consist of no less than five (5) months of education in the study of hair and meet the state requirement of no less than one thousand (1000) hours of theory and practical instruction to include the following:

(a) One thousand (1000) hours in the science of hair, general hairstyling and chemical services to include;

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules;

(ii) Anatomy, physiology, and histology of the hair and scalp;

(iii) Scalp and hair analysis;

(iv) Scalp disorders and diseases;

(v) Hair care products (chemistry, ingredients, and selection);

(vi) Basics of chemistry;

(vii) Basics of electricity;

(viii) State laws and regulations;

(ix) Professional development;

(x) Pre-and post-service procedures;

(xi) Scalp care, shampooing, and conditioning;

(xii) Haircutting;

(xiii) Hairstyling;

(xiv) Braiding and extensions;

(xv) Wigs and hair additions;

(xvi) Chemical texture services; and

(xvii) Hair color and lightening.

Section 3. Course of Study for Nail Technology Students. The nail technology program for all schools shall consist of no less than two (2) months of education in the study of nails and meet the state requirement of no less than four hundred (400) hours of theory and practical instruction to include the following:

(a) Four hundred (400) hours in the science of nail technology, and general nail technology to include;

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules;

(ii) Anatomy, physiology and histology of the skin and nails;

(iii) Skin and nail analysis;

(iv) Nail diseases and disorders;

(v) Nail and skin care products (chemistry, ingredients, and selection);

(vi) Basics chemistry;

(vii) Basics of electricity;

(viii) State laws and regulations;

(ix) Professional development;

(x) Pre-and post-service procedures;

(xi) Basic and advanced manicures and pedicures;

(xii) Polishing and design;

(xiii) Hand, arm, foot, and leg massage;

(xiv) Hand and feet treatments;

(xv) Nail tips and wraps;

(xvi) Nail enhancements;

(xvii) Electric filing; and

(xviii) Creative design.

Section 4. Course of Study for Esthetician Students. The esthetician program for all schools shall consist of no less than three (3) months of education in the study of skin and meet the state requirement of no less than six hundred (600) hours of theory and practical instruction to include the following:

(a) Six hundred (600) hours in the science of esthetics and general esthetics to include;

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules;

(ii) Anatomy, physiology and histology of the skin;

(iii) Skin analysis;

(iv) Skin disorders and diseases;

(v) Skin care products (chemistry, ingredients, and selection);

(vi) Basics of chemistry;

(vii) Basics of electricity;

(viii) State laws and regulations;

(ix) Professional development;

(x) Pre-and post-service procedures;

(xi) The treatment room;

(xii) Basic facials;

(xiii) Facial massage;

(xiv) Hair removal;

(xv) Advanced topics and treatments; and

(xvi) Makeup.

Section 5. Course of Study for Add-On Hair Removal License. This course of study is for licensed hairstylists and nail technicians to acquire education in the removal of superfluous hair. The hair removal program shall meet the state requirements of no less than one hundred twenty-five (125) hours of theory and practical instruction to include the following:

(a) One hundred twenty-five (125) hours in hair removal to include;

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules.

(ii) Anatomy of the skin;

(iii) Skin analysis;

(iv) Pre-and post-service procedures; and

(v) Hair Removal.

Section 6. Course of Study for Add-On Lash and Brow License. This course of study is for licensed hairstylists and nail technicians to acquire education pertaining to lash and brow services. The lash and brow program shall meet the state requirements of no less than two hundred (200) hours of theory and practical instruction to include the following:

(a) Two hundred (200) hours in lash and brow services to include;

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules;

(ii) Health and safety in relation to working around the eye area;

(iii) Chemical safety;

(iv) Lash types, curl, thickness, and length;

(v) Pre-and post-service procedures;

(vi) Applying extensions to the eyelashes;

(vii) Eyelash lifting;

(viii) Eyebrow lamination; and

(ix) Eyebrow and eyelash tinting.

Section 7. Course of Study for Student Instructors. The instructor program for all schools shall consist of no less than two and one-half (2 ½) months of education in the study of teaching and meet the state requirement of no less than five hundred (500) hours of theory and practical instruction to include the following:

(a) Five hundred (500) hours in the science of teaching and general education to include:

(i) Health, safety, and infection control as outlined in Chapter 10 of these rules;

(ii) Introduction to teaching;

(iii) Ethics;

(iv) State laws and regulations;

(v) Hours and record keeping;

(vi) Lesson plans;

(vii) Use of audio and visual teaching aids and tools;

(viii) Test construction and analysis;

(ix) Theory class lectures;

(x) Class demonstrations; and

(xi) Student supervision (no more than 100 hours).

Section 8. Discretionary Hours.

(a) A student of a cosmetology, hairstyling, esthetics, or nail technology program, may earn discretionary hours outside of the school's premises.

(b) Discretionary hours may not exceed 2% of the total program hours.

(c) Discretionary hours must be earned under the direct supervision of an instructor affiliated with the student's school.

Section 9. Hours Earned Remotely.

(a) A student may earn any non-clinical floor hours by synchronous remote education.

(b) If a student earns any portion of their hours remotely, the student's final course record shall reflect which hours the student earned remotely.

Section 10. Client protection. Proper infection control standards should be taught and utilized throughout all educational courses in accordance with Wyoming law and the manufacturer's directions.

Section 11. Credits Allowed When Transferring from One Course to Another. A student registered for a hairstyling, nail technician, or esthetician course, or a licensed hairstylist, nail technician, or esthetician may transfer to or enroll in a full cosmetologist course with full credit of the applicable hours. A student enrolled as a cosmetology student may transfer only course specific hours to hairstyling, nail technology, or esthetics courses and the transfer hours shall be approved by the Board.

History

• Effective 2026-04-01

Chapter 7 Salon and Independent Contractors

Wyo. Code R. 033.0001.7.05152025 Salon and Independent Contractors

Chapter 7

Salon and Independent Contractors

Section 1. Salon Applications and License. No person, association, partnership, or corporation may operate a salon without first securing a license from the Board. Applications shall be received a minimum of fifteen (15) days prior to opening date, submitted on the prescribed forms and be accompanied by the following:

(a) Fees;

(b) Completed inspection sheet;

(c) A detailed floor plan of the salon showing work space, the location of restrooms, entrances, and exits, carpeted areas of floor and the location of all other equipment required; and

(d) Equipment waiver (if applicable).

Section 2. Salon Minimum Equipment. As a minimum requirement each salon shall provide and maintain the following:

(a) One shampoo bowl with hot and cold running water; and

(b) One work station.

(c) If a restroom is shared with any other business, a hand washing sink or shampoo bowl is required within the salon area.

(d) All water supplies for sinks and shampoo bowls shall be plumbed, potable hot and cold water under pressure.

Section 3. Salon Equipment Waiver. Salons offering limited services (nail services and/or esthetic services) may apply in writing for a waiver of the shampoo bowl requirement.

Section 4. Services Not Regulated by The Board of Cosmetology. Services allowed in a salon that are not regulated by the board of cosmetology:

(a) Tattooing (Permanent Makeup);

(b) Massage Therapy;

(c) Piercing;

(d) Tanning; and

(e) Medical.

(i) All medical services and treatments must be offered in a separate room from cosmetology services; and

(ii) Only licensed medical staff may perform medical services or treatments in a salon.

Section 5. Inspections.

(a) All areas licensed and regulated by the Board shall be open to inspection by authorized representatives of the Board anytime during normal business hours.

(b) All areas not regulated by the Board must be clearly designated as "not regulated or licensed by the Board of Cosmetology" and posted in clear view of the public.

Section 6. Salon Premises.

(a) Commercial building or space:

(i) The use of a salon as living or sleeping quarters is prohibited. Mattresses are not allowed on the premises.

(ii) Salons shall provide and maintain toilet and hand washing facilities that are clean and in good repair for employees and patrons.

(iii) Salons shall be adequately heated, lighted, and ventilated.

(iv) Walls and ceilings shall be kept clean and in good repair. Floors shall be of such construction as to be easily cleaned and kept in good repair. Acceptable flooring is tile, vinyl, or other smooth non-porous material. Carpeting or rugs shall be permitted in reception area only.

(b) In-home Salons:

(i) In-home salons, in compliance with city ordinances, must have a separate clearly marked salon entrance. Entrance way into the salon area shall not pass through any living quarters of the residence.

(ii) In-home salons shall provide and maintain toilet and hand washing facilities that are designated for salon use only and be kept clean and in good repair. Restrooms shall not require passage through living quarters of the residence.

(iii) In-home salons shall be adequately heated, lighted, and ventilated.

(iv) Walls and ceilings in the salon area shall be kept clean and in good repair. Floors in the salon area shall be of such construction as to be easily cleaned and kept in good repair. Acceptable flooring is tile, vinyl, or other smooth non-porous material. Carpeting shall be permitted in reception area only.

Section 7. Mobile Salon.

(a) Mobile salon means a self-contained, enclosed mobile unit licensed for the practice of cosmetology and related fields.

(b) No person shall establish or operate a mobile salon until such person has obtained a mobile salon license from the Board. Applications shall be received a minimum of fifteen (15) days prior to opening date and shall be made on the prescribed forms and accompanied by the following;

(i) Fees;

(ii) A detailed floor plan of the mobile salon work space, location of restrooms, entrances, and exits, and all other equipment required; and

(iii) Salon waver (if applicable).

(c) Mobile salon must pass Board inspection, or receive verbal approval from the Board prior to opening.

(d) All salon requirements, rules and infection control standards apply to mobile salons.

(e) All equipment shall be securely anchored to the mobile unit.

(f) Fire extinguisher shall be mounted in full view.

(g) No services shall be performed while unit is in motion.

(h) Sleeping provisions shall not be placed or maintained in mobile unit.

(i) Each mobile unit shall, at a minimum, be equipped with each of the following functioning systems:

(i) A self-contained, potable water supply, and waste water collection tanks of adequate capacity;

(ii) Continuous, on-demand hot water tank.

(iii) A self-contained, flushing toilet, with holding tanks;

(iv) A cooling and heating system sufficient to maintain a comfortable room temperature in the mobile salon during all hours of operation; and

(v) Adequate power source to maintain all required functions of mobile salon.

(j) Mobile salons shall provide an itinerary showing dates, locations and operating hours if requested by the board.

Section 8. Salon Sale, Relocation, or Closing of Salon.

(a) Salon and mobile salon licenses may not be transferred upon sale of salon. The new owners shall apply for a salon or mobile salon license pursuant to section 1 (a) through (d) of this chapter.

(b) Prior to relocation of a salon, the information required in Section 1 (a) through (d) of this chapter shall be filed with the Board. Relocation only applies if the salon remains in the same city and ownership is unchanged. Application and fees must be received 15 days prior to anticipated opening date.

(c) The salon or mobile salon owner shall notify the Board office if the salon is permanently closed.

Section 9. Add or Remove Owner on Facility License. For currently licensed salons that are changing ownership with at least one original owner remaining:

(a) Submit change of ownership application and fee to the board office.

(b) A new salon license will be issued with change of ownership information reflected.

Section 10. Barbering in Salons/Cosmetology in a Barber Shop.

(a) Barbers may practice in a salon or mobile salon if the salon holds a current barber shop or mobile barber shop license.

(b) Cosmetologist may practice in a barber shop or mobile barber shop if the barber shop holds a current salon or mobile salon license.

(c) Combined salons and barber shops shall adhere to the requirements of both Boards. In any case of conflicting requirements, the more exacting standard shall be applied.

Section 11. Salon and Mobile Salon License Renewal. All salon licenses expire on December 31st of each year. Failure to renew the license on or before the expiration date shall result in late fees. A license that has been expired less than ninety (90) days may be renewed. A license that has been expired for more than ninety (90) days must apply for a new license and meet the current requirements and submit current fees.

Section 12. Temporary Location and License. A temporary location is a place where cosmetology and related fields may be practiced for no longer than fourteen (14) consecutive days. No area of a residence which does not qualify for a salon license may be used as a temporary location. No persons, association, partnership, corporation or other form of business may operate in a temporary location without first securing a license from the Board. Applications shall be made on the prescribed form, accompanied by licensing fees and be received at the board office ten (10) days prior to the event. All licensees performing services must have a current Wyoming license. All licenses and infection control standards must be posted at the temporary location in clear view of the public. All applicable infection control standards must be adhered to.

Section 13. Permitted Locations. Licensed cosmetologist, hairstylist, nail technicians, and estheticians may practice in the following unlicensed locations, all applicable infection control standards must be adhered to:

(a) The personal residence of a patron;

(b) The hospital, health care facility, nursing, or convalescent home in which the patron is presently living or staying; and

(c) The hotel, motel, or boarding facility in which the patron is presently residing.

Section 14. Permitted Events and Services.

(a) Licensees may provide services within the scope of practice of their license at special events such as, but not limited to, weddings and photography sessions.

(b) Permitted services shall consist of make-up, polish application, and hairstyling only.

(c) All infection control procedures shall be followed.

Section 15. Independent Contractor Application and License. No person may operate as an independent contractor within a licensed salon without first securing an independent contractor license from the Board. Application shall be made on the prescribed form and be accompanied by the appropriate fee.

Section 16. Independent Contractor Minimum Equipment and Common Areas. As a minimum requirement, each independent contractor will provide and maintain the basic equipment to perform services related to the scope of their individual license.

(a) Shared equipment such as, but not limited to shampoo bowls and pedi spas will be considered as a common area and will be the responsibility of the salon owner to maintain for inspection purposes.

(b) The salon owner is responsible for all common areas.

Section 17. Independent Contractor Change of Status. The Board office shall be notified by the independent contractor if services are discontinued or if the independent contractor relocates to a new location.

Section 18. Independent Contractor Inspection Requirements. The independent contractor is responsible for maintaining their individual work area to meet all health and infection control standards set forth by the board Rules and Regulations, Chapter 10.

(a) The work area must be accessible for inspection during salon business hours.

(b) The independent contractor's license and most recent inspection shall be posted at the work station.

Section 19. Independent Contractor License Renewal. All independent contractor licenses expire on August 31st of each year. Failure to renew the license on or before the expiration date shall result in a late fee.

History

• Effective 2025-05-15

Chapter 10 Infection Control

Wyo. Code R. 033.0001.10.05152025 Infection Control

Chapter 10

Infection Control

Section 1. Definitions.

(a) Clean: Removal of surface and/or visible debris by using soap, detergent or chemical "cleaner", followed by a clean water rinse. Prepares non-porous items for disinfection by removing debris, product residues, organic matter and oils that may interfere with disinfection chemicals. Reduces the number and slows the growth of pathogens on both porous and non-porous surfaces. Cleaning does not make multi-use items safe for use.

(b) Disinfect: The process of making a non-porous item safe for use requires the use of a chemical intended to kill or denature a bacteria, virus or fungus. Items to be disinfected must be cleaned prior to disinfection. Proper disinfection requires adherence to manufactures label with regard to concentration and contact time. UV light is not acceptable for disinfection.

(c) Disinfectant: EPA registered bactericidal, virucidal and fungicidal disinfectant that is approved for use in a salon, or spa setting. Instruction label must be followed for dilution ratio and contact time. Disinfectant used when there is contact with blood or body fluids must be labeled as effective against HIV-1 and human Hepatitis B virus.

(d) Contact Time: The amount of wet contact time required for a disinfectant to be effective against the pathogens on the label. Clean items or surfaces must remain completely immersed or visible wet (spray or wipes) for full contact time to be effective.

(e) Non-porous: Material that has no pores and does not allow for liquids to be absorbed or pass through. Common non-porous materials include glass, metal and plastic.

(f) Porous: Material that has minute spaces or holes through which liquid or air may pass. (Permeable, penetrable, cellular)

Section 2. Wet Disinfection and Storage Standards.

(a) Prior to use on any client, all non-porous tools and implements or multi-use items must be cleaned and disinfected. Items must be cleaned with soap and water or a chemical cleaner. Items must then be disinfected by complete immersion in a properly diluted, EPA registered, bactericidal, virucidal, fungicidal disinfectant that is mixed and used according to the manufacturer's directions. EPA registered bactericidal, virucidal, and fungicidal wipes and sprays may be used where designated in these rules.

(b) Items must stay immersed or visibly wet with disinfectant for the entire contact time listed on the manufacturer's label to be effective.

(c) All disinfectant must be prepared daily according to manufacturer's directions or more often if solution becomes contaminated or cloudy.

Section 3. Single Use Items (porous items).

(a) Any item that cannot be cleaned and disinfected, is considered single use and must be disposed of after each use. This includes, but is not limited to, nail files/emery boards made of any material except metal, plastic or glass, all cotton, buffing blocks, pumice stones, orange wood sticks, toe separators, wooden spatulas, neck strips, and paper coverings.

(b) Single use items may not be stored for customers on the premises and customers may not take single use items home and return with them for service.

(c) All single use items must be stored in a clean, covered container marked "clean" or in their original, single use packaging.

Section 4. Dry Storage Standards. Disinfected implements must be stored in a disinfected, dry covered container and be isolated from contaminants. At no time can these items come into contact with used/dirty items.

Section 5. Clippers and Trimmers. Clippers and trimmers must be cleaned and disinfected after each use with a disinfectant spray or wipe, used according to manufacturer's label. Clipper wash may be used as a cleaner prior to disinfection, but is not acceptable as a disinfectant unless labeled as a bactericidal, virucidal and fungicidal disinfectant. Clippers must be stored in a clean place such as on a hook, stand or on a clean towel covered by a clean towel when not in use.

Section 6. Hand Hygiene. Thoroughly wash hands and exposed portions of the arms with soap and water before providing services to each client, and after smoking, drinking, eating, and using the restroom. An equally effective hand sanitizer is acceptable except for after using the restroom.

Section 7. Pedicure Spa Standards.

(a) After each client or service:

(i) Drain tub.

(ii) Remove all parts (filters, screens, drains, jets, etc.); and

(iii) Clean and disinfect the removable parts as follows:

(A) Scrub with brush and soap or detergent until free of debris;

(B) Rinse;

(C) Completely immerse in an EPA registered, bactericidal, virucidal, fungicidal disinfectant mixed and used according to the manufacturer's directions;

(D) Rinse;

(E) Air dry; and

(F) Replace the disinfected parts into the tubs or store them in a clean, dry, covered container.

(iv) Clean tub according to manufacturer's instructions. Take special care to remove all film, especially at the water line. Rinse tub well;

(v) Fill tub with fresh water, add appropriate amount of disinfectant into water according to the disinfectant manufacturer's label;

(vi) At minimum use an EPA registered bactericidal, virucidal, and fungicidal disinfectant that is mixed and used according to the manufacturer's directions;

(vii) Allow the disinfectant to stand for non-circulating tubs or circulate for circulating tubs for the contact time specified according to the manufacturer's instructions; and

(viii) Drain tub and rinse with fresh water.

Section 8. Blood Exposure Procedure. If a blood exposure should occur, the following steps must be followed:

(a) When possible, injured party should go to a sink and rinse injury with running water and "milk" the injury to remove any bacteria that may have entered the wound;

(b) Supply injured party with antiseptic or single use packet of antibacterial ointment and the appropriate dressing to cover the injury; and

(c) Dispose of all soiled articles in trash. Immediately clean and disinfect all non-porous items. Do not continue service with these items.

Section 9. Chemical Safety.

(a) Chemicals shall be transported and stored in accordance with the manufactures label.

(b) Chemicals must be stored in the original containers.

(c) Chemicals must be stored in overhead cabinets or locked cabinets. They may not be stored in areas used by customers such as bathrooms.

(d) Chemicals may only be mixed and applied to customers specifically as instructed on manufactures label, including patch test.

(e) Chemicals must be discarded in accordance with manufacture's label, local, state, and federal rules.

(f) Chemicals shall not be mixed with any other substance unless expressly instructed on the label.

Section 10. Communicable Disease. Licensees shall not perform any service if they have been diagnosed with a communicable disease until cleared by a medical professional for return to work. Licensees shall not perform a service on a client who has visible swelling, eruption, redness, bruising on skin or rash in an area where a service is to be performed. Clients with a physician's note indicating they are not contagious, (such as psoriasis) are an exception to this rule.

Section 11. Product Safety.

(a) All products in multiuse containers such as lotions, creams, powders, and waxes shall be stored, handled, and applied in such a manner as to prevent contamination of the remaining product in the container.

(b) All product in multiuse containers shall be removed from containers with a new, single use spatula or a non-porous spatula that has been cleaned and disinfected.

(c) A single spatula may be used for product that is separated into single use, disposable container for application, but all remaining product, the container and spatula must be disposed of immediately following the service.

(d) No implement shall be doubled dipped back into the original container.

(e) Powder shall be dispensed from shaker and liquid preparations shall be dispensed from an atomizer or applicator bottle without contamination.

Section 12. Nail Services.

(a) Nail tables shall be cleaned and disinfected after each use with an approved disinfectant.

(b) Electric nail files and attachments shall be properly disinfected after each use. Attachments shall be stored in a clean, closed drawer, cabinet or container.

(c) Paraffin wax shall be used in single use bags only.

Section 13. Esthetics Services.

(a) Esthetic devices allowed must be commercially available and not pierce, ablate, or destroy the live tissue of the skin, and be operated within manufacturer guidelines.

Section 14. Eyelash Extensions Services.

(a) Eyelash stands, holders, pallets, and trays must be cleaned and disinfected before use with each client.

(b) Glue pallets and holders must be cleaned and disinfected before each client.

(c) Eyelash extensions must be stored in a clean, closed container or in closed original packaging. Eyelash extensions that are removed from the container or original packaging for client's eyelash service and not used must be disposed of and not used for another client.

Section 15. Towels and Coverings.

(a) A clean cape shall be provided for each client.

(i) If it is not possible to use a clean cape for each client, a neck strip or clean towel must be used.

(b) A clean covering shall be used on the esthetic table for each client.

(c) All clean towels, table, bed and client coverings shall be stored in a clean closed dry cabinet or container.

(d) All soiled linens shall be kept in a ventilated container with a lid. All linens (towels, sheets, robes, etc.) must be laundered prior to use. Laundry may be done through commercial laundry services or on site. If laundry is being done on-site, there must be a functional washing machine and dryer on the premises.

Section 16. Common Areas.

(a) Shampoo bowls shall be cleaned with approved disinfectant after each use.

(b) Wax containers and pots shall be kept clean and free of debris, and covered when not in use. No implement shall be double dipped back into the wax container. If wax becomes contaminated or has visible debris, pot must be emptied and disinfected. No wax may be re-used, only new wax may be used in the pot.

(c) Restroom facilities shall be adequately supplied with disposable hand towels and liquid soap. Cloth towels are not allowed.

(d) Hand sanitizer shall be available.

(e) All refuse shall be deposited in suitable receptacles with lids. Lids shall be kept in place at all times. All refuse shall be disposed of in a manner so as not to be unsightly, offensive, or a menace to health. Hair cuttings shall be swept up and properly disposed of after each client.

(f) All coffee and other refreshments shall be served in a single use container with lids. No open food or drink is allowed in the work area.

(g) Animals may not be used to perform any service in a salon.

Section 17. Prohibited Items. The following items shall not be present in a salon.

(a) Methylemethacrylate Monomer (MMA);

(b) Wooden handle, natural bristle neck brushes or table dusters;

(c) Roll on wax;

(d) Multiuse puffs or sponges; and

(e) Styptic pencil.

History

• Effective 2025-05-15

Chapter 13 Fees

Wyo. Code R. 033.0001.13.01182024 Fees

Chapter 13

Fees

Section 1. The Board has established the following schedule of non-refundable fees:

(a) Hands on practical examination fee $50.00

(b) Personal license fee to include:

Cosmetologist, Nail Technician,

Esthetician, Hairstylist, and Instructors $ 48.00 per year

(c) Independent contractor license $ 75.00 per year

(d) Salon license $ 75.00 per year

(e) Salon application fee $225.00

(f) Salon relocation fee $225.00

(g) School application fee $375.00

(h) School license $200.00 per year

(i) Salon/School late fee (up to 30 days) $ 20.00

(j) Salon/School late fee (up to 60 days) $ 40.00

(k) Salon/School late fee (up to 90 days) $ 60.00

(l) Endorsement fee $225.00

(m) License reinstatement fee $175.00

(n) Temporary location license $ 75.00

(o) Law book $ 5.00

(p) Certification fee $ 25.00

(q) Duplicate license $ 10.00

(r) Mailing list of names (30 names or 1 page) $ 2.00 per page

(s) Mailing list of names/labels (30 names or 1 page) $ 3.00 per page

Section 2. Initial Licensing Fee Calculation.

(a) A new salon application that is received during October, November or December will be assessed a pro-rated fee for the rest of the year plus the license fee for the following year.

(b) New independent contractor yearly license fees will be prorated from the month obtained.

(c) The first year a Wyoming cosmetology, hairstylist, nail technician, esthetician, or instructor license is obtained the license is issued for one (1) year from the month of acquisition. After the first year all renewal licensees will be set up on a two (2) year renewal expiring in the month of the licensee's birth pro-rated license amounts will apply.

Section 3. Adoption of Uniform Rules. The Board of Cosmetology hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedure, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: http://rules.wyo.gov

(b) For these rules incorporated by reference:

(i) The Board of Cosmetology has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendment or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Board of Cosmetology office and are available for public inspection and copying at the same location.

History

• Effective 2024-01-18

Chapter 14 Practice and Procedures for Applications

Wyo. Code R. 033.0001.14.01132023 § 1 Authority

. The Board promulgates these rules according to authority granted by Wyoming Statute § 33-12-123(a) and 16-3-103(j)(i).

History

• Effective 2023-01-13

Wyo. Code R. 033.0001.14.01132023 § 2 Application Review

.

(a) Assigning Application Review Committee (ARC).

(i) Board staff shall review all applications for a license.

(ii) When Board staff determines that there may be grounds to deny a license or approve a license subject to discipline or restrictions, Board staff shall refer the application to an ARC.

(b) The ARC shall investigate the application, which may include requesting additional information, meeting with the applicant, or any other action the ARC deems appropriate.

(c) The ARC may recommend that the Board:

(i) Issue, renew, relicense, or reinstate a license;

(ii) Issue, renew, relicense, or reinstate a license subject to reprimand, conditions, restrictions, or other disciplinary action;

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

(i) If the ARC intends to recommend that the Board deny an application or issue a license subject to other disciplinary action, the ARC shall notify the applicant of its recommendation.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct that the ARC alleges warrant denying the license or issuing the license subject to disciplinary action;

(B) Citations to the applicable statutory provisions or Board rules that the ARC alleges the applicant violated; and

(C) Notice that an applicant may request a hearing before the Board in writing within thirty (30) days from the date of mailing.

(e) The applicant shall have thirty (30) days from the date the ARC mailed the Notice of Intent to respond. The applicant may:

(i) Request that the Board hold a hearing on the ARC's recommendation;

(ii) Request that the Board table consideration of the application; or

(iii) Withdraw the application.

(f) If an applicant fails to timely respond to the Notice of Intent, the Board may accept the ARC's recommendation.

(g) There shall be a presumption of lawful service of any communication required by these rules if sent by U.S. mail to the address stated on the application or, if applicable, an updated address later provided by the applicant.

History

• Effective 2023-01-13

Wyo. Code R. 033.0001.14.01132023 § 3 Hearing Procedure

(a) Upon receiving a written request for a hearing from an applicant, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing on the applicant at least 30 days before the hearing. The Notice of Hearing shall contain:

(i) A brief statement of the matters asserted, including:

(A) The ARC's recommendation;

(B) The facts upon which the recommendation is based; and

(C) The statutory provisions or Board rules the applicant is alleged to have violated or failed to meet to qualify for licensure.

(ii) The time, place, and nature of the hearing;

(iii) The legal authority and jurisdiction of the Board; and

(iv) Notice of the burden and standard of proof.

(b) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.

(c) The applicant shall bear the burden to prove by a preponderance of the evidence that he or she meets the qualifications for licensure. The burden of production shall shift to the ARC to prove by clear and convincing evidence that the applicant should not be granted an unrestricted license or license subject to discipline. The burden of production then shifts to the applicant to demonstrate that the ARC's grounds for denial or issuance of a license subject to conditions or restrictions are insufficient and that the applicant is entitled to licensure.

(d) The Board may resolve an application matter by:

(i) Adopting the ARC's recommendation without a hearing if the applicant did not request a hearing;

(ii) Resolving a dispositive motion in either party's favor;

(iii) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may:

(A) Issue, renew, relicense, or reinstate a license;

(B) Issue, renew, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;

(C) Deny a license, renewal, reactivation, or reinstatement;

(e) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the applicant and the applicant's attorney or representative, if any.

(i) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(ii) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

• Effective 2023-01-13

Chapter 15 Practice and Procedures for Discipline Matters

Wyo. Code R. 033.0001.15.01132023 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute §33-12-123(a) and 16-3-103(j)(i).

History

• Effective 2023-01-13

Wyo. Code R. 033.0001.15.01132023 § 2 Practice and Procedures for Discipline Matters

The Board may take disciplinary action for the following:

(a) Licensee violating the Board's practice act or rules; and

(b) Licensee violating a Board order.

History

• Effective 2023-01-13

Wyo. Code R. 033.0001.15.01132023 § 3 Complaint Review and Disciplinary Investigation

(a) Complaints that a licensee has violated the Board's practice act or the Board's rules shall be submitted to the Board's office. Board staff may initiate complaints.

(b) After receiving a complaint or initiating a complaint, Board staff shall assign the complaint to an Investigation Committee (IC) for investigation.

(c) After reviewing and investigating the complaint, the IC may recommend that the Board:

(i) Dismiss the complaint;

(ii) Summarily suspend a license;

(iii) Approve a settlement agreement; or

(iv) Discipline the licensee, including censure, revoke, suspend or refuse to renew.

History

• Effective 2023-01-13

Wyo. Code R. 033.0001.15.01132023 § 4 Summary Suspension

(a) An IC may recommend that the Board summarily suspend a license at any time when the IC or Board staff believes that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(b) The IC shall notify the licensee of its intent to recommend summary suspension. The Notice of Intent shall contain:

(i) A copy of the complaint, if any;

(ii) A description of the grounds for the summary suspension recommendation; and

(iii) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled.

(c) When the date and time of the summary suspension hearing is set, the Board staff shall notify the licensee of the date and time of the proceeding by mailing written notice and emailing electronic notice to the licensee's mailing and email addresses.

(d) The scope of the expedited summary suspension proceeding shall be limited to a presentation of the information the IC believes warrants summary suspension and any information the licensee may present on his or her behalf.

(e) Hearing Format.

(i) The IC shall describe the allegations that it believes warrant emergency action against the licensee.

(ii) The IC shall present information that demonstrates probable cause that the allegations are true.

(iii) The IC shall explain why the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(iv) The licensee, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the licensee's continued practice does not imperatively require emergency action to protect the public health, safety, or welfare.

(f) The Board may order summary suspension if it concludes that probable cause exists that the allegations are true and that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare. The Board shall incorporate a finding to that effect in its order granting summary suspension.

(g) No summary suspension shall be effective until the Board has adopted a written order incorporating the reasons justifying its decision.

(h) The Board shall enter a written order granting or denying summary suspension at the summary suspension proceeding or within seven days after the proceeding. The Board shall send the order to the licensee by U.S. mail and by email.

(j) Post-Deprivation Hearing.

(i) A licensee may request a post-deprivation hearing within ten days from the date the summary suspension order is entered.

(ii) If a licensee requests a post-deprivation hearing, the Board shall conduct it within 30 days of the licensee's request and notify the licensee of the date, time, and location of the hearing.

(iii) Post-deprivation hearings shall be conducted in the same manner as summary suspension proceedings as articulated in Section 4(e) of this chapter. The sole issue before the Board at a post-deprivation hearing shall be whether the IC's allegations imperatively require emergency action to protect the public health, safety, and welfare. The Board shall affirm its decision to summarily suspend a license, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare.

(k) Unless earlier terminated by the Board or a petition for discipline is filed under Section 6 of this chapter, summary suspensions shall lapse 180 days after the written order granting summary suspension is entered under subsection (h) of this section.

History

• Effective 2023-01-13

Wyo. Code R. 033.0001.15.01132023 § 5 Surrender in Lieu of Discipline and Licenses Issued in Error

(a) A licensee may petition the Board, in writing, to voluntarily surrender a license in lieu of discipline.

(i) The IC shall recommend that the Board approve or deny the petition.

(ii) The Board may approve or deny the petition.

(b) If Board staff has reason to believe that a license has been issued despite an applicant not meeting licensure requirements and:

(i) If Board Staff has issued the license and the Board has not ratified its issuance, the license shall be rescinded and the matter shall be referred to an ARC.

(ii) If Board Staff has issued the license and the Board has ratified its issuance, the matter shall be referred to an IC.

(A) The IC may petition the Board to revoke the license or impose practice restrictions according to the procedures outlined in Section 6 of this chapter and may seek summary suspension.

(B) A revocation solely for the reasons specified this subsection shall not be considered license discipline. Nothing in this subsection prohibits discipline or application denial for a licensee's conduct.

(C) A licensee may surrender the license at issue under this provision in lieu of a hearing before the Board without Board approval.

History

• Effective 2023-01-13

Wyo. Code R. 033.0001.15.01132023 § 6 Hearing Procedure

(a) There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these rules if sent by U.S. mail to the address the licensee most recently supplied to the Board.

(b) The IC shall notify the licensee of its intent to file a petition for disciplinary action. The Notice of Intent shall:

(i) Include a brief description of the facts or conduct that warrant the intended action;

(ii) Include a description of the nature of the discipline the IC intends to seek; and

(iii) Provide the Licensee no less than 30 days to show that the licensee has complied with all lawful license requirements.

(c) The IC shall initiate proceedings for disciplinary action by filing a Petition with the Board office and serving a copy upon the licensee to the last known address of the licensee by regular U.S. mail.

(d) A licensee may respond to the Petition by filing an Answer admitting or denying the allegations in the Petition or by filing a dispositive motion.

(e) A licensee shall respond to a Petition within (20) days from the date the Petition is filed with the Board office or, if the licensee files a dispositive motion, from the date the dispositive motion is decided by entry of a written order. Failure to respond to the Petition within this time may result in a default judgment.

(f) When a petition for disciplinary action is filed, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing, with the Petition attached, on the applicant at least 30 days before the hearing. The notice of hearing shall contain:

(i) The legal authority for the Petition and statement of the Board's jurisdiction;

(ii) The facts justifying the disciplinary action sought;

(iii) The statutory provisions or Board rules the licensee is alleged to have violated;

(iv) The time, place, and nature of the hearing; and

(v) Notice of the burden and standard of proof.

(g) If a licensee fails to timely answer the allegations in a Petition or appear at a noticed hearing, and upon the IC's motion, the Board may enter default against the licensee. In entering default, the Board may:

(i) Order that the factual allegations in the Petition are to be taken as true for the purposes of the hearing;

(ii) Order that the licensee may not present evidence on some or all issues in the matter; or

(iii) Any other relief the Board determines is just.

(h) The Board may set aside an entry of default for good cause.

(i) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter X.

(j) The IC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Board's practice act or the Board's rules.

(k) The Board may resolve a discipline matter by:

(i) Resolving a dispositive motion in either party's favor;

(ii) Accepting a settlement agreed on by both parties;

(iii) Granting a licensee's petition for voluntary surrender in lieu of discipline under Section 5(a) of this Chapter;

(iv) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may, as applicable:

(A) Find no violation of the Board's practice act or rules and therefore impose no discipline on the licensee;

(B) Find that the licensee has violated the Board's practice act or rules and impose the following discipline:

(1) Censure, revoke, suspend or refuse to renew.

(l) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the licensee and the licensee's attorney or representative, if any.

(m) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(n) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

• Effective 2023-01-13

Wyo. Code R. 033.0001.15.01132023 § 7 Petition for Modifying Conditions or Restrictions

(a) A licensee may petition the Board to modify any conditions or restrictions on his or her license. The licensee shall submit a written petition for modification to the Board office. The petition for modification shall include evidence demonstrating:

(i) Compliance with all previously entered Board orders;

(ii) That the modification is consistent with any treatment plan or medical orders, if applicable; and

(iii) That the modification will ensure the public is adequately protected.

(b) The IC assigned the matter shall review the petition and shall recommend that the Board either grant or deny the petition within 30 days of the Board office receiving the petition.

(c) Board Consideration.

(i) The Board shall consider the petition and the IC's recommendation at its earliest convenience.

(ii) The Board may approve or deny the petition for modification.

History

• Effective 2023-01-13