(1) Services provided by any licensee shall
be performed in a manner that is consistent with basic and accepted practice
standards and in accordance with all state statutes, board rules and local
codes and ordinances.
(2) Licensees
may provide only those services which they are competent to perform by training
or experience and are licensed to provide.
(3) Licensees shall provide services to the
best of their ability and make reasonable efforts to comply with requests in a
manner that is satisfactory to a patron. Licensees shall not provide services
to a patron without first obtaining the consent of the patron or legal guardian
of the patron.
(4) Licensees may
neither consume alcohol nor take controlled substances during practice, unless
prescribed by a physician.
(5)
Licensees shall take adequate and necessary precautions to protect the patron
from health and safety hazards when performing services. Licensees shall not
smoke while performing personal services on a patron.
(7) Licensees shall not engage in sexual
harassment or sexual assault of a patron, former patron, employee, employer, or
co-worker. In this section, "sexual harassment" and "sexual assault" have the
meanings defined in ss.
111.32(13),
940.225(1), (2), (3) and (3m) and
948.02(1) and (2), Stats.
Note: Section
111.32(13) defines sexual harassment as "...unwelcome sexual advances, unwelcome requests
for sexual favors, unwelcome physical contact of a sexual nature or unwelcome
verbal or physical conduct of a sexual nature. `Sexual harassment' includes
conduct directed by a person at another person of the same or opposite gender.
`Unwelcome verbal or physical conduct of a sexual nature' includes but is not
limited to the deliberate, repeated making of unsolicited gestures or comments
of a sexual nature; the deliberate, repeated display of offensive sexually
graphic materials which is not necessary for business purposes; or deliberate
verbal or physical conduct of a sexual nature, whether or not repeated, that is
sufficiently severe to interfere substantially with an employee's work
performance or to create an intimidating, hostile or offensive work
environment."
(8) A licensee
may not provide the following services unless both the licensee and the
establishment are properly licensed by the department of safety and
professional services:
(a) Body piercing,
except for piercing of ears.
(b)
Tattooing, including permanent cosmetics.
(c) Operation of a tanning booth.
Note: Body piercers, body piercing establishments,
tattooists and tattoo establishments are regulated by the Department of Safety
and Professional Services under ch. SPS 221, Wis. Adm. Code. Tanning facilities
and tanning facility operators are regulated by the Department of Safety and
Professional Services under ch. SPS 220, Wis. Adm. Code.
(9) Licensees may not use methyl
methacrylate monomer, commonly referred to as MMA in liquid form, and may not
use any cosmetic or nail product formulated with MMA as one of its
ingredients.
Notes
Wis. Admin. Code Cosmetology Examining Board
Cos 2.03
Cr. Register, July, 1989,
No. 403, eff. 8-1-89; cr. (7), Register, May, 1997, No. 497, eff. 6-1-97; am.
(3) and (5), r. and recr. (4) and r. (6), Register, May, 1999, No. 521, eff.
6-1-99; CR 02-058: cr. (8) and (9) Register September 2003 No. 573, eff.
10-1-03; correction in (8) (intro.) made under s.
13.92(4) (b) 6, Stats., Register March 2012 No.
675.
Amended by, CR 20-025: am. (8) (intro.)
Register
July 2021 No. 787, eff. 8/1/2021