NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Barbering and Cosmetology Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 454.02, 454.04, 454.06, 454.08 and 454.13, Stats., the Barbering and Cosmetology Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. BC 1.01 (1m) and 4.09 (3m); to renumber ss. BC 1.01 (6h), (6r), (11) and (11m); to renumber and amend BC 2.025 (2) (c), 4.08 (intro.), (1), (2) and (3), 6.04 (1) and 8.01; to amend BC 1.01 (3), (3r) and (8), 2.025 (2) (b) and (3), 2.06 (5), 2.07 (1g), 3.01 (7), 3.02 (1) (a) to (c), 3.06 (2), 4.01 (2), 4.02 (1), 4.03 (2), 4.06 (3), 4.07 (intro.) and (2), Figure 5.02, Figure 5.06, Figure 6.03 (1), Figure 6.04 (3), ch. BC 8 (title) and 9.02; and to create BC 1.01 (6s), (7m), (9), (11n), (11r), (11w) and (13t), 2.025 (2) (c) 1. and 2., (2m) and (6), 4.01 (8), 4.08 (1) and (2), 6.04 (1) (b) and 8.01, relating to definitions, microdermabrasion, chemical skin peels, managers, ear piercing, waxing, nail enhancement, licensing requirements and reinstatement of license.

Hearing Date, Time and Location

Date:   February 6, 2006

Time:   9:45 a.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Rooms 121A & B

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 20, 2006, to be included in the record of rule-making proceedings.

Statutes interpreted: Sections 454.02, 454.04, 454.06, 454.08 and 454.13, Stats.

Statutory authority: Sections 15.08 (5) (b) and 227.11 (2), Stats.

Explanation of agency authority: The Barbering and Cosmetology Examining Board has the authority to promulgate rules under sections 15.08 (5) (b) and 227.11 (2), Stats., relating to limitations and exceptions, practice, licensure, establishment licenses, and licensees of other jurisdictions.

Related statute or rule: There are no other statutes or rules other than those listed above.

Plain language analysis: This proposed rule-making order encompasses several changes. A number of the changes are definitions and technical changes to make the rules easier to read and understand (Sections 1, 2, 3, 4, 8, 19, 25, 26, 28, 30, 31, 32 and 33). A significant revision is allowing microdermabrasion to be practiced, in specific circumstances, without the supervision of a physician (Sections 11, 12, 13, 14 and 16). This proposed rule-making order also modifies the rules regarding managers, their responsibilities and the amount of supervision they must provide (Sections 17, 18, 20, 34, 35 and 36). This proposed rule-making order also clarifies some language regarding sanitation procedures providing additional guidance to the practitioners. And, finally, the proposed rule-making order also clarifies licensing requirements that were previously ambiguous.

SECTION 1 repeals the definition of artificial nails which is now subsumed by the addition in s. BC 1.01 (11w), definition of “nail enhancement."

SECTION 2 modifies the definitions of “contagious" and “cutting" to more accurately reflect the meaning.

SECTION 3 moves language to a more appropriate location.

SECTION 4 adds a definition of “exfoliation."

SECTION 5 adds a definition of general supervision to provide guidance to the licensee and the physician who wish to collaborate in the providing of certain services.

SECTION 6 clarifies the definition of “infectious" to show that contact is not a necessary element to the spread of infectious disease.

SECTION 7 provides a definition of “laser" necessary to understand the restrictions on laser hair removal services.

SECTION 8 changes the placement of definitions to a more appropriate location.

SECTION 9 adds new definitions of “mechanical exfoliation," “microdermabrasion" and “nail enhancement."

SECTION 10 adds a new definition of “physician."

SECTION 11 creates an exception to the requirement of medical supervision of microdermabrasion services.

SECTIONS 12 and 13 clarify that some commercially available exfoliation products can be administered without medical supervision.

SECTION 14 creates and identifies the circumstances that must exist to allow microdermabrasion services in absence of medical supervision. The requirements include appropriate training, restrictions on the type of machine allowed, and a requirement for a pretreatment screening of the client to determine suitability for the procedure. This SECTION also mandates a written consent from the client after disclosure of known risks.

SECTION 15 imposes a requirement of parenteral or guardian consent for laser hair removal services on minors.

SECTION 16 imposes a requirement that in licensed establishments where laser hair removal, microdermabrasion or chemical skin peels are performed as a delegated medical act, information on the delegating physician must be conspicuously posted.

SECTION 17 allows for supervision of apprentices and temporary permittees by a licensee with substantial experience.

SECTION 18 sets the minimum level of experience necessary for a practitioner other than a manger to be able to supervise apprentices at 2,000 hours and requires a written designation of that responsibility.

SECTIONS 19 and 26 clarify that the proper cleaning of linens includes use of a germicide.

SECTION 20 amends the rules to clarify that chain salons need to have full time managers for each salon and recognizes that a manager may be absent for brief periods of time during a day.

SECTION 21 deletes the requirement that a floor plan be submitted to the department when a leased chair or booth is relocated but maintains the requirement of notice to the department of that relocation.

SECTION 22 clarifies that waterless hand washing agents must meet certain standards and may only be used as a substitute for washing with soap and water when the hands are not visibly soiled.

SECTION 23 provides guidance on the appropriate use of lancets for lateral piercing of whiteheads.

SECTION 24 notes that the rules regarding disinfecting tweezers used in electrolysis are different than for general cosmetology.

SECTION 25 adds a requirement that proper maintenance of sterilizers includes following manufacturers recommendations regarding maintenance procedures.

SECTION 27 acknowledges that ear piercing may be performed by licensees and allows use of waterless alcohol base washing agents as a substitute for soap and water.

SECTION 28 clarifies that use of a topical antiseptic is required before performing a waxing procedure.

SECTION 29 establishes waxing as part of the scope of practice for properly trained electrologists and manicurists. This SECTION establishes the training standards for those licensees seeking to provide waxing services.

SECTION 30 eliminates language that is redundant as a result of the adoption of SECTION 23 above.

SECTIONS 31, 32 and 33 modify the training standards to reflect the addition of the concept of nail enhancements as a practice skill.

SECTION 34 eliminates a restriction that apprentices work only under the supervision of a manager making the language consistent with SECTION 18, which allows supervision by a properly designated practitioner with at least 2,000 hours of experience.

SECTION 35 adds a provision for temporary absence of a manager and allowing temporary supervision of apprentices by a qualified and designated practitioner.

SECTION 36 modifies the training standards for apprentices to acknowledge nail enhancements as a practice skill.

SECTION 37 modifies the title of the chapter to recognize that the chapter deals with all licenses and eliminates language suggesting the chapter only addresses licensees from other jurisdictions.

SECTION 38 clarifies the title of the chapter to show that it addresses license applications for which an examination is not needed and relocates the SECTION to a more appropriate location.

SECTION 39 repeats the basic statutory licensing requirements in a rule.

SECTION 40 creates a provision for renewal of licensure by licensees who are currently practicing out of state.

The federal government does not regulate barbers and cosmetologists, and a search of the United States Code Services (USCS) and the Code of Federal Regulations (CFR) returned no entries for microdermabrasion, chemical peels, waxing, managers, artificial nails, or nail technology for barbers or cosmetologists.

The department finds that this rule has no significant fiscal effect on the private sector.

The proposed rule will have no impact on the department's funds.