Chapter 12 - Cosmetology
CHAPTER 12 - COSMETOLOGY
33-12-101. Repealed by Laws 1985, ch. 97, 2.
33-12-102. Repealed by Laws 1985, ch. 97, 2.
33-12-103. Repealed by Laws 1985, ch. 97, 2.
33-12-104. Repealed by Laws 1985, ch. 97, 2.
33-12-105. Repealed by Laws 1985, ch. 97, 2.
33-12-106. Repealed by Laws 1985, ch. 97, 2.
33-12-107. Repealed by Laws 1985, ch. 97, 2.
33-12-108. Repealed by Laws 1985, ch. 97, 2.
33-12-109. Repealed by Laws 1985, ch. 97, 2.
33-12-110. Repealed by Laws 1985, ch. 97, 2.
33-12-111. Repealed by Laws 1985, ch. 97, 2.
33-12-112. Repealed by Laws 1985, ch. 97, 2.
33-12-113. Repealed by Laws 1985, ch. 97, 2.
33-12-114. Repealed by Laws 1985, ch. 97, 2.
33-12-115. Repealed by Laws 1985, ch. 97, 2.
33-12-116. Repealed by Laws 1985, ch. 97, 2.
33-12-117. Repealed by Laws 1985, ch. 97, 2.
33-12-118. Repealed by Laws 1985, ch. 97, 2.
33-12-119. Citation.
Thisact shall be known and may be cited as the "Wyoming Cosmetology Act".
33-12-120. Definitions.
(a) As used in this act:
(i) "Applicant" means the person, persons or entityapplying for a license, examination or appointment;
(ii) "Application" means a form prescribed by theboard used for making a request for licensure, examination or appointment;
(iii) "Board" means the state board of cosmetology;
(iv) "Cosmetologist" means a person who engages in thepractice of cosmetology as defined by this act and rules of the board and whois licensed as a cosmetologist under this act;
(v) "Practice of cosmetology" means any singlepractice or service or a combination of practices or services performed forothers for the improvement and beautification of the hair, skin and nails ofthe human body for cosmetic purposes;
(vi) "Esthetician" means a person who engages in thepractice of esthetics as defined by this act and rules of the board and who islicensed as an esthetician under this act;
(vii) "Practice of esthetics" means any single practiceor service or a combination of practices or services performed for others forthe improvement and beautification of the skin of the human body for cosmeticpurposes;
(viii) "Hair stylist" means a person who engages in thepractice of hair styling as defined by this act and rules of the board and whois licensed as a hair stylist under this act;
(ix) "Practice of hair styling" means any singlepractice or service or a combination of practices or services performed forothers for the improvement and beautification of the hair for cosmeticpurposes;
(x) "Instructor" means a person licensed to teachcosmetology or any practices thereof in a school of cosmetology as defined bythis act and rules of the board;
(xi) "License" means a current document recognizingthe cosmetologist, manicurist or nail technician, esthetician, hair stylist,instructor, salon or school has met the qualifications required for doingbusiness in this state;
(xii) "Manicurist or nail technician" means a personwho engages in the practice of manicuring or nail technology as defined by thisact and rules of the board and who is licensed as a manicurist or nailtechnician under this act;
(xiii) "Practice of manicuring or nail technology" meansany single practice or service or a combination of practices or servicesperformed for others for the improvement and beautification of the nails andfor cosmetic purposes;
(xiv) "Model" means a person who volunteers to allow alicensed cosmetologist, manicurist or nail technician, esthetician, hairstylist or student enrolled in a cosmetology school to perform cosmetologyservices without cost;
(xv) "Patron" means a paying customer in a cosmetologysalon or school;
(xvi) "Salon" means any place licensed under this actin which cosmetology is practiced;
(xvii) "School" means any place licensed under this actwhere cosmetology is taught to students;
(xviii) "Student" means a person enrolled in a schoollicensed under this act;
(xix) "Unprofessional" means acting in an extrememanner not conforming to current standards of the cosmetology industry;
(xx) "This act" means W.S. 33-12-119 through33-12-140.
33-12-121. Board; membership; appointment; qualifications; term ofoffice; vacancies; removal.
(a) The board shall consist of five (5) members appointed bythe governor. Each member shall be a cosmetologist licensed in Wyoming, and atleast one (1) shall be an instructor licensed in Wyoming. Each member of theboard shall be a resident of Wyoming with at least five (5) years experience asa cosmetologist in Wyoming immediately preceding the appointment. Appointmentsshall represent various geographical areas of Wyoming. The term of eachappointee shall be three (3) years, unless sooner removed from the board, oruntil a successor is appointed. The terms shall be staggered so that the termsof not more than two (2) members expire each year. The members of the boardholding office on the effective date of this act shall serve as members for theremainder of their respective terms.
(b) No member of the board shall be affiliated with or holdinterest in any cosmetology school while serving as a member of the board.
(c) Vacancies shall be filled for the unexpired term. Thegovernor shall remove any board member whose cosmetology license has beensuspended or revoked. The governor may remove any board member as provided inW.S. 9-1-202.
33-12-122. Election of board officers.
Theboard shall meet after each appointment and elect one (1) of their members aspresident, one (1) vice-president, and one (1) recording secretary.
33-12-123. Duties of board members.
(a) Within the limitations and authority granted by this act,the board shall:
(i) Develop rules setting uniform and reasonable standards ofcompetency for the practice and teaching of cosmetology, manicuring or nailtechnology, esthetics or hair styling, for the operation of salons and schools,and procedures for its own conduct;
(ii) Administer examinations to determine competency forlicensure of cosmetologists, manicurists or nail technicians, estheticians,hair stylists and instructors;
(iii) Initiate and conduct investigations, hearings andproceedings concerning alleged violations of this act and board rules;
(iv) Determine and administer appropriate disciplinary actionagainst all individuals found to have violated this act or rules promulgatedhereunder as provided by W.S. 33-12-135;
(v) Annually inspect, or appoint persons to inspect, all salonsand schools for proper licensure of the salon, school and all cosmetologists,manicurists or nail technicians, estheticians, hair stylists whether practicingas a proprietor, employee or independent contractor, or instructors practicingor teaching and for the purpose of determining compliance with the provisionsof this act and board rules;
(vi) Determine fees as authorized by W.S. 33-12-139;
(vii) Employ an executive director and approve such additionalstaff as may be necessary to administer and enforce the provisions of this actand board rules.
33-12-124. Meetings.
Amajority of the board constitutes a quorum for meetings and the transaction ofbusiness. The act of the majority of members of the board shall be the act ofthe board. The board shall meet as often as needed, but not less than four (4)times a year. The meetings shall be held in accordance with W.S. 16-4-401through 16-4-407. The board shall keep permanent records of its meetings.
33-12-125. Assistants; inspectors; salaries.
(a) The board may employ and fix the duties and remuneration ofinspectors, clerical or administrative assistants as deemed necessary toimplement this act or the rules of the board.
(b) Board members shall receive as salary the sum paid each dayto legislators, or an equivalent hourly wage, together with per diem andmileage allowance as allowed to state employees, when actually engaged inofficial board duties.
33-12-126. Executive director; duties; accountability; compensation.
Theboard shall employ an executive director who shall be responsible for theadministration of this act and rules of the board, and other duties as theboard may direct. The executive director shall be a cosmetologist licensed inWyoming and qualified by education and experience. The executive director mayact in the board's behalf during the period between meetings on matters of licensure,applications for examination and other administrative functions. The executivedirector shall be responsible for the coordination and security of boardexaminations, shall assist the board members with adoption of rules andregulations, shall assist in legislative matters, shall attend board meetingsand assist in implementation of board decisions. The annual salary of theexecutive director shall be determined by the state personnel division. Theexecutive director shall receive mileage and per diem allowance for expensesincurred in the performance of official duties as provided for other stateemployees.
33-12-127. Licenses required; failure to comply; fines.
(a) From and after the effective date of this act, no personshall engage in the practice or instruction of cosmetology, manicuring or nailtechnology, esthetics or hair styling and no place shall be maintained andoperated for the practice or teaching of cosmetology, manicuring or nailtechnology, esthetics or hair styling except under a license issued incompliance with this act and the rules adopted pursuant to this act.
(b) No school or salon shall employ, hire or in any mannerallow any individual to practice or teach cosmetology, manicuring or nailtechnology, esthetics or hair styling unless that individual has a currentlicense to practice or teach the applicable specific practice of cosmetology,manicuring or nail technology, esthetics or hair styling.
(c) The licenses required in subsections (a) and (b) of thissection shall:
(i) Be issued in the name of the licensed cosmetologist,manicurist or nail technician, esthetician, hair stylist, instructor, owner ofthe salon or owner of the school;
(ii) State the licensing and expiration dates; and
(iii) Be displayed at all times in a conspicuous place in theprincipal office, place of business or employment of the licensee.
(d) Any person who practices or teaches cosmetology, manicuringor nail technology, esthetics or hair styling for compensation, or who carrieson any business, practice or operation governed by this act, without theapplicable license when a license is required, is guilty of a misdemeanorpunishable, upon conviction, by a fine of not more than seven hundred fiftydollars ($750.00).
(e) Upon request of a licensee, the board may issue acertificate to the licensee to practice activities authorized under the licenseas an independent contractor within a salon. The board may charge anadditional fee for the issuance of the certificate as established pursuant toW.S. 33-12-139.
33-12-128. Form; expiration; renewal of license.
Theboard shall prescribe the form and expiration date of licenses. Licenses maybe renewed by submitting the required application for renewal and fee to theboard before the license expiration date. If a cosmetologist, manicurist ornail technician, esthetician, hair stylist or instructor license is allowed toexpire, the license may be renewed within a period of ninety (90) days afterthe expiration date, but after the expiration of ninety (90) days from the datethe license expired the license shall lapse.
33-12-129. Expired and lapsed licenses; relicensure.
Ifa salon or school license is allowed to expire a reinstatement fee for laterenewal shall be imposed. A cosmetologist, manicurist or nail technician,esthetician, hair stylist or instructor license which has lapsed may bereinstated subject to payment of a reinstatement fee in addition to licensefees for the lapsed period. Any person whose license has lapsed for five (5)years or more, and who does not qualify for licensure by endorsement, shall berequired to complete a refresher course of one hundred (100) hours at alicensed school before applying for examination and shall then be required totake the board examination.
33-12-130. Licensure by examination.
(a) An applicant for admission to board examination shall meetthe following requirements:
(i) Be a graduate of a cosmetology, manicuring or nailtechnology, esthetics or hair styling school and have met training requirementscomparable to those set forth in board rules;
(ii) Submit proper credentials as required by the board no lessthan fifteen (15) days before the examination is to be given;
(iii) Pay the required fee for examination.
(b) The board shall issue a license to persons successfullypassing the board licensing examination.
33-12-131. Time, place and scope of examinations.
(a) Examinations shall be held at least six (6) times a year ata time and place designated by the board. The examinations shall be conductedby the board or a majority thereof.
(b) The examinations shall not be confined to any specificmethod or system, may consist of written, oral and performance examinations andshall be of such scope and character as to disclose that any person passing theexamination is qualified to receive a cosmetologist, manicurist or nailtechnician, esthetician, hair stylist or instructor license.
33-12-132. Licensure by endorsement.
Anapplicant for a license to practice or instruct cosmetology, manicuring or nailtechnology, esthetics or hair styling in Wyoming who is a qualified andcurrently licensed cosmetologist, manicurist or nail technician, esthetician,hair stylist or instructor in another state, upon submitting an application tothe board, a certification from the board or licensing agency of the state inwhich the applicant is licensed, proof of meeting the requirements of thissection and payment of the required fee, may receive a cosmetologist,manicurist or nail technician, esthetician, hair stylist or instructor licenseby endorsement without examination in this state. An applicant from anotherstate which does not require a board examination for licensure, or an applicantwho did not attend a cosmetology, manicuring or nail technology, esthetics orhair styling school meeting requirements of the rules of the board and thelicensing entity of the state in which the school is located, shall not obtaina Wyoming license by endorsement. An applicant from another state who has notpracticed cosmetology, manicuring or nail technology, esthetics or hair stylingfull time for at least one (1) year prior to application shall obtain a Wyominglicense by endorsement only if he was licensed under requirements which theboard determines to be at least equal to those established pursuant to thisact.
33-12-133. Foreign applicants.
Applicantslicensed or trained in a foreign country shall present an English translationof the requirements they met in that country. The credentials shall bepresented to the board for consideration, and a determination as to whatrequirements are necessary to obtain a license in Wyoming shall be made.
33-12-134. Promulgation of rules.
(a) The board shall prescribe rules to implement this act inaccordance with the Wyoming Administrative Procedure Act.
(b) The board shall prescribe sanitation rules necessary toprevent the spread of infectious and contagious diseases. All sanitation rulesshall be subject to approval of the department of health.
(c) Notwithstanding any other provision of this act, the boardmay adopt rules which prescribe reduced qualifications and examinationrequirements for persons seeking to engage solely in services for theimprovement and beautification of the hair, skin or nails. The license issuedshall state the limited nature of services which may be performed by thelicensee.
(d) In adopting rules defining the professions licensed underthis act the board may clarify definitions provided in statute and address newpractices but shall not otherwise expand those activities which constitute thepractice of a profession licensed under this act.
33-12-135. Powers to revoke, refuse, suspend, refuse to renew licenses;grounds; procedures.
(a) The board may refuse to issue a license under this act orcensure, revoke, suspend or refuse to renew a license issued pursuant to thisact after not less than twenty (20) days notice and a hearing, held pursuant tothe provisions of W.S. 16-3-101 through 16-3-115, for any of the followingacts:
(i) Any violation of this act or any rule of the board;
(ii) Any infection control violation as defined by this act orrules of the board;
(iii) Unprofessional or dishonest conduct as defined by this actor rules of the board;
(iv) A judicial disposition of guilt or a plea of nolocontendere relative to a criminal offense which adversely relates to thepractice or instruction of cosmetology, nail technology, esthetics or hairstyling;
(v) Use of any prohibited product as defined by this act orrules of the board;
(vi) Use of intoxicating liquor or drugs to such an extent as torender the individual unfit to practice or teach cosmetology, manicuring ornail technology, esthetics or hair styling;
(vii) Fraud, cheating or unfair practices in passing anexamination;
(viii) Advertising by means of statements known to be false ordeceptive; or
(ix) Failure of any person, salon or school to display requiredlicenses and inspection certificates.
(b) Repealed by Laws 2005, ch. 98, 2.
(c) The board may require the attendance of witnesses and theproduction of books, records or papers it determines necessary for anyinvestigation of any violation of this act or rule of the board. Any member ofthe board may administer oaths to witnesses appearing to testify before theboard or before any board member.
(d) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-12-136. Right of entry.
Anymember of the board, its agents or assistants may enter into and inspect anyschool or salon at any time during business hours.
33-12-137. Annual report to governor.
Theboard shall report to the governor respecting all receipts, expenditures andactivities of the board as required by W.S. 9-2-1014.
33-12-138. Publications.
(a) The board shall:
(i) Provide a copy of appropriate statutes and rules to everylicensed cosmetologist, manicurist or nail technician, esthetician, hairstylist, salon and school. Additional copies shall be made available uponpayment of a fee for the publication;
(ii) Prepare and maintain a current list of the names andaddresses of all cosmetologists, manicurist or nail technicians, estheticians,hair stylists, salons and schools licensed in Wyoming, the names and addressesof the members of the board and their terms of office. The list shall beavailable for inspection and copying and for reproduction in whole or in partupon payment of the cost of reproduction.
33-12-139. Fees; disposition of fees.
(a) Fees for the following shall be determined by the boardpursuant to W.S. 33-1-201:
(i) Examinations;
(ii) Cosmetologist license;
(iii) Instructor license;
(iv) Salon license;
(v) School license;
(vi) Endorsement fee;
(vii) License reinstatement;
(viii) Online testing;
(ix) Manicurist or nail technician license;
(x) Esthetician license;
(xi) Temporary location license;
(xii) Independent contractor certificate; and
(xiii) Hair stylist license.
(b) The board shall set fees sufficient to recover costs forthe publication and distribution of registers, lists and booklets, for recordsand affidavits processed, and for educational programs.
(c) Each fee required shall be paid in advance and shall bereceived and collected as provided by law. The state treasurer shall place twopercent (2%) of the money in the state's general fund, and the remainder in aseparate account.
33-12-140. Exemptions.
(a) Nothing in this act shall prohibit services rendered bylicensed physicians, nurses, dentists, podiatrists, chiropractors, physicaltherapists, morticians or barbers when exclusively engaged in the practice of theirrespective professions.
(b) The provisions of this act shall not apply to employees,volunteers and residents of hospitals, health care facilities, nursing homes,senior citizen centers, convalescent or boarding homes or other similarfacilities who render services to residents or members of these facilities onthe premises.
(c) The provisions of this act shall not apply to personsengaged in demonstrating the use of any cosmetic or beauty aid or equipment forthe purpose of offering for sale to the public such cosmetic or beauty aid orequipment, or to a person engaged in the business of or receiving compensationfor facial makeup applications only.