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).