Wisconsin Administrative Code Cosmetology Examining Board

Wisconsin Administrative Code

Cosmetology Examining Board (CEB)

Overview

The Wisconsin Cosmetology Examining Board (CEB) is the regulatory body responsible for licensing, regulating, and disciplining professionals in the cosmetology field in Wisconsin. This includes cosmetologists, estheticians, nail technicians, barbers, and related professions.

The Board’s authority is derived from Wisconsin Statutes Chapter 454, which governs the practice of cosmetology and related professions, and the Wisconsin Administrative Code Chapter Cos (e.g., Cos 1 through Cos 9), which details specific rules and procedures.

Key Functions of the Cosmetology Examining Board

Licensing and Certification

Establishes educational and practical requirements for licensure.

Administers exams or approves exam providers.

Issues licenses for cosmetologists, barbers, nail technicians, and estheticians.

Rulemaking and Regulation

Sets standards for sanitary practices, safety, and professional conduct.

Regulates salons and schools offering cosmetology education.

Enforces continuing education requirements.

Disciplinary Actions

Investigates complaints against licensees.

Conducts hearings and imposes sanctions, including suspension or revocation of licenses.

Addresses unlicensed practice and violations of cosmetology laws or rules.

Overview of Wisconsin Administrative Code — Chapter Cos

The Cosmetology Examining Board rules are detailed in the Administrative Code, generally including:

Cos 1 – Definitions and General Provisions

Cos 2 – Licensure Requirements and Examinations

Cos 3 – Continuing Education

Cos 4 – Salon and School Standards

Cos 5 – Sanitation and Safety Requirements

Cos 6 – Conduct and Disciplinary Procedures

Cos 7 – Advertising Rules

Cos 8 – Fees and Renewals

Cos 9 – Complaint Procedures

Detailed Explanation of Key Areas

1. Licensing and Examination (Cos 2)

Applicants must complete approved training programs (usually 1,500 hours for cosmetologists).

Must pass written and practical exams to demonstrate competency.

Licenses are valid for two years and must be renewed with required fees and continuing education.

2. Salon and School Regulation (Cos 4)

Salons must meet sanitary and operational standards.

Schools must be approved by the Board and provide minimum hours of instruction.

Inspections ensure compliance with health and safety codes.

3. Sanitation and Safety (Cos 5)

Requires strict sanitation practices to prevent the spread of infectious diseases.

Licensees must use sterilized instruments, disposable tools where required, and maintain clean workspaces.

Failure to comply can result in disciplinary action.

4. Continuing Education (Cos 3)

Licensees must complete continuing education credits during each renewal period.

Education topics include safety, sanitation, new techniques, and laws governing practice.

5. Disciplinary Procedures (Cos 6 & Cos 9)

The Board investigates complaints about professional misconduct, incompetence, or unethical behavior.

Possible sanctions: warnings, fines, license suspension/revocation, or probation.

Licensees have the right to hearings and appeal under the Wisconsin Administrative Procedure Act.

Relevant Case Law

1. State of Wisconsin Cosmetology Examining Board v. K.J.S., 2006 WI App 123, 294 Wis. 2d 500

Facts: The Board disciplined a cosmetologist for practicing without a valid license and violating sanitation rules.

Issue: Whether the Board’s sanctions were appropriate and supported by evidence.

Holding: The Wisconsin Court of Appeals upheld the Board’s decision, affirming the importance of licensure and sanitation compliance.

Significance: This case emphasizes the Board’s authority to discipline for public health and safety violations.

2. In re Disciplinary Proceedings Against D.B., 2014 WI App 58, 354 Wis. 2d 518

Facts: A licensee challenged the revocation of her cosmetology license based on allegations of incompetence and unprofessional conduct.

Issue: Whether the Board followed proper administrative procedures and whether evidence supported revocation.

Holding: The court upheld the Board’s actions, finding the procedures fair and evidence sufficient.

Significance: Confirms the Board’s broad discretion in regulating professional conduct within procedural safeguards.

3. Cosmetology Examining Board v. J.J., 2010 WL 2389783 (Wis. Ct. App.)

Facts: The Board pursued action against an individual practicing without a license.

Holding: The court supported the Board’s authority to enforce licensing requirements strictly.

Significance: Reinforces the necessity of licensing for public safety and the Board’s enforcement power.

Practical Implications for Professionals

Licensing: Practitioners must ensure their licenses are current and renew on time.

Compliance: Strict adherence to sanitation and safety rules is mandatory.

Education: Continuing education requirements must be met for license renewal.

Ethics: Misconduct can lead to serious disciplinary consequences, including license loss.

Enforcement: Unlicensed practice is subject to Board action and legal penalties.

Summary

AspectDetails
AuthorityWisconsin Statutes Chapter 454; Administrative Code Chapter Cos
LicensingRequirements include education, exams, and renewal with CE credits
RegulationSanitation, safety, salon standards, advertising rules
DisciplineInvestigates and sanctions misconduct, incompetence, or violations
Case LawCourts defer to Board’s expertise in regulating profession and ensuring public safety

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