SPS 50.110(10) (10) “Continuing education training program" means any course, program or activity meeting the requirements of s. SPS 50.421 and having a clear purpose and objective of maintaining, improving, or expanding the skills and knowledge relevant to the licensee's professional practice.
SPS 50.110(11) (11) “Credential" means a license, permit, or certificate or certification of registration that is issued under ch. 454, Stats.
SPS 50.110(12) (12) “Department" means the department of safety and professional services.
SPS 50.110(13) (13) “Disinfectant" means a chemical or product that destroys disease-causing bacteria, including any of the following:
SPS 50.110(13)(a) (a) A solution of household bleach, which is 5¼% sodium hypochlorite, and water—if the solution is made fresh each day prior to use and contains at least 500 parts per million available chlorine.
SPS 50.110 Note Note: This concentration typically can be obtained with a dilution ratio of 1:100, which is two teaspoons of household bleach per quart of water.
SPS 50.110(13)(b) (b) A solution of at least 70 percent isopropyl alcohol.
SPS 50.110(13)(c) (c) A solution using a phenolic germicidal.
SPS 50.110(13)(d) (d) A solution using an iodophor germicidal agent such as iodine or Betadine®.
SPS 50.110(13)(e) (e) A solution using a quaternary-ammonium germicidal agent.
SPS 50.110(14) (14) “Disinfection" means application of a disinfectant following thorough cleaning of the utensil.
SPS 50.110(15) (15) “Division" means the division of legal services and compliance in the department of safety and professional services.
SPS 50.110(16) (16) “Establishment" has the meaning given in s. 454.01 (10), Stats.
SPS 50.110 Note Note: Section 454.01 (10) of the Statutes reads as follows: “ `Establishment' means any place in which barbering, cosmetology, aesthetics, electrology, or manicuring is performed."
SPS 50.110(17) (17) “Full time" means work that is performed for 30 hours per week or the maximum number of hours an establishment is open if the establishment is open less than 30 hours per week.
SPS 50.110(18) (18) “Infectious" means capable of being transmitted, with or without contact.
SPS 50.110(19) (19) “Licensee" means a person who holds a license, permit, certificate, or registration issued by the department or who has the right to renew a license, permit, certificate, or registration issued by the department.
SPS 50.110(20) (20) “Manager" means a person who holds either a current barbering manager license issued under s. 454.23 (3), Stats., and this chapter, or a current cosmetology manager license issued under s. 454.06 (3), Stats., and chapters Cos 1 to 11.
SPS 50.110 Note Note: For a reprint of section 454.23 (3) of the Statutes, see the Note under section SPS 50.340 (1) (b).
SPS 50.110(21) (21) “Owner" means a person who holds an establishment license or right to renew an establishment license.
SPS 50.110(22) (22) “Patron" means a person to whom services from a barber are provided for compensation.
SPS 50.110(23) (23) “Personal care instruments" include scissors, razors, and clipper blades.
SPS 50.110(24) (24) “Physician" means a person licensed in Wisconsin to practice medicine and surgery.
SPS 50.110(25) (25) “Sterilization" means a process that destroys all forms of microbial life, including spores.
SPS 50.110(26) (26) “Supervision" means regular, on-premise coordination, direction, and inspection of the practice of another.
SPS 50.110(27) (27) “Temporary permit" means a permit issued by the department under s. 454.23 (7), Stats.
SPS 50.110 Note Note: Under section 454.23 (7) of the Statutes, temporary permits allow applicants to perform barbering for up to 6 months while they are scheduled to take the licensure examination.
SPS 50.110(28) (28) “Wound" means an injury to the body in which the skin or other tissue is broken, cut, pierced, or torn, such as through a scissors cut, razor cut, or other laceration.
SPS 50.110 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 15-028: cr. (1m) Register September 2015 No. 717, eff. 10-1-15.
subch. II of ch. SPS 50 Subchapter II — Practice of Barbering
SPS 50.200 SPS 50.200Treatments prohibited, infectious and contagious diseases.
SPS 50.200(1) (1) No licensee may treat any disease of the skin unless under the direction of a physician.
SPS 50.200(2) (2) No licensee may provide services to a patron suffering from an infectious or contagious scalp or skin disease unless the licensee takes appropriate precautions and uses safeguards to prevent the spread of the disease to other patrons and to the licensee.
SPS 50.200(3) (3) No licensee, having a known infectious or contagious disease, may provide a service to a patron if the licensee is, by reason of the disease, unable to safely and competently perform the service.
SPS 50.200(4) (4) No licensee may provide services to a patron if the licensee has a known infectious or contagious disease unless the licensee takes appropriate precautions and uses safeguards that prevent the spread of the disease to patrons.
SPS 50.200 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.210 SPS 50.210Practice standards.
SPS 50.210(1) (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 and department rules applicable to barbering.
SPS 50.210(2) (2) Licensees may provide only those services that they are competent to perform by training or experience and are licensed to provide.
SPS 50.210(3) (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 may not provide services to a patron without first obtaining the consent of the patron or legal guardian of the patron.
SPS 50.210(4) (4) Licensees may neither consume alcohol nor take controlled substances during practice, unless prescribed by a physician.
SPS 50.210(5) (5) Licensees shall take adequate and necessary precautions to protect the patron from health and safety hazards when performing services. Licensees may not smoke while performing personal services on a patron.
SPS 50.210(6) (6) Licensees may 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.
SPS 50.210 Note Note: Section 111.32 (13) of the Statutes 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."
SPS 50.210 Note Note: Body piercers, body piercing establishments, tattooists, and tattoo establishments are regulated by the Department of Health Services under chapter DHS 173. Tanning facilities and tanning facility operators are regulated by the Department of Health Services under chapter DHS 161.
SPS 50.210 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.211 SPS 50.211Unauthorized practice.
SPS 50.211(1) (1) Licensees may not assist or participate in the unauthorized or unlicensed practice of barbering.
SPS 50.211(2) (2) Licensees shall report to the department unauthorized or unlicensed practice or other violations of subch. II of ch. 454, Stats., and this chapter.
SPS 50.211 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.212 SPS 50.212Barbering outside of a licensed establishment. Licensees may not provide barbering outside of a licensed establishment except for persons who are unable to leave their homes because of illness or disability or for persons who are in hospitals, nursing homes, correctional institutions, or other institutions. Licensees may provide any barbering for inmates or patients regardless of whether it is done in a designated area or in the personal room of an inmate, patient, or infirm person within an institution or private home.
SPS 50.212 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.220 SPS 50.220Advertising.
SPS 50.220(1) (1) Advertising by licensees shall be truthful and accurate and may not mislead the public.
SPS 50.220(2) (2) An establishment shall either post a list of cost of services in a conspicuous place or display a sign that states, “All establishment patrons have the right to be informed of the cost of services before the services are provided."
SPS 50.220 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.230 SPS 50.230Responsibilities of owners. The owner of any licensed establishment shall be responsible for compliance with subch. II of ch. 454, Stats., and this chapter. The owner shall do all of the following:
SPS 50.230(1) (1) Provide supplies and equipment necessary to maintain safe and sanitary establishment conditions.
SPS 50.230(2) (2) Ensure the provision of supervision and training of apprentices and temporary permit holders.
SPS 50.230 Note Note: See section SPS 50.310 for additional requirements for owners who have apprentices.
SPS 50.230(3) (3) In the absence of a manager, maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of s. 440.63 (3) (a) 2. or 454.23 (2) or (3), Stats., for credentialing as an instructor, barber, or manager, respectively.
SPS 50.230(4) (4) Employ a manager who shall have direct authority over the operations of the establishment. If the manager of an establishment leaves employment or becomes otherwise unavailable, an owner may continue to operate the establishment for no more than 90 days without a manager. The owner shall notify the department that the manager is no longer employed or has become otherwise unavailable within 10 business days following the manager's last day of employment.
SPS 50.230 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.231 SPS 50.231Responsibilities of the manager.
SPS 50.231(1)(1) The manager of a barbering establishment shall be responsible for the daily operations of the establishment and ensure that the establishment is in compliance with subch. II of ch. 454, Stats., and this chapter. The manager shall maintain supplies and equipment necessary to ensure safe and sanitary establishment conditions.
SPS 50.231(2) (2) The manager shall train and supervise any apprentices in accordance with s. SPS 50.310 (3) and shall supervise any temporary permit holders.
SPS 50.231(3) (3) The manager shall maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of s. 440.63 (3) (a) 2., 454.23 (2), or 454.23 (3), Stats., for credentialing as an instructor, barber, or manager, respectively.
SPS 50.231(4) (4) The manager shall post all required licenses, permits, and notices within the establishment in a conspicuous location where they are readily visible to the public.
SPS 50.231 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.232 SPS 50.232Responsibilities of licensees. Licensees holding current licenses or permits granted under subch. II of ch. 454, Stats., shall be responsible for all of the following:
SPS 50.232(1) (1) Compliance with the sanitation and safety precautions contained in ss. SPS 50.270 to 50.290.
SPS 50.232(2) (2) Their own professional practice, conduct, and compliance with ss. SPS 50.200 to 50.220.
SPS 50.232 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.240 SPS 50.240Establishment requirements.
SPS 50.240(1) (1) Barbering may not be practiced outside the confines of a licensed establishment except as provided in s. SPS 50.212.
SPS 50.240(2) (2) Establishments where apprentices are trained shall provide equipment, supplies, and products for all barbering services.
SPS 50.240(3) (3) Where an establishment is located in the same building as a residence, the business and living quarters shall be separate.
SPS 50.240(4) (4) Establishments shall provide a basin that has hot and cold running water, and a chair that is designed for the service to be provided. At least one basin shall be constructed and available to permit licensees to wash their hands prior to serving each patron and following removal of gloves. Establishments shall provide the equipment and supplies necessary to perform services offered. Basins may be shared with other establishments located on the same premises.
SPS 50.240 Note Note: See chapters SPS 361 to 366 or 320 to 325 for ventilation requirements in commercial buildings or one- and two-family dwellings, respectively.
SPS 50.240 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.241 SPS 50.241Establishment management and leasing requirements.
SPS 50.241(1)(1)Manager required. The owner of a barbering establishment may not operate the establishment unless a manager is employed for the establishment, subject to the exception for temporary unavailability of a manager in s. SPS 50.230 (4). The manager shall be responsible for supervising and managing the operation of the establishment. The owner and the manager shall ensure that the establishment operates in compliance with subch. II of ch. 454, Stats., and rules of the department including all of the following:
SPS 50.241(1)(a) (a) The owner of more than one establishment shall employ a sufficient number of managers to satisfy the requirement that a manager be present full time in each establishment.
SPS 50.241(1)(b) (b) The owner of a barbering establishment may satisfy the requirement in this section by employing a manager who also works at an establishment owned by a different person, provided the manager works full time at each establishment where he or she is employed as manager.
SPS 50.241(1)(c) (c) A manager is required to be present in an establishment full time except if an establishment is open for more than 30 hours per week, the manager is not required to be present in the establishment at all times when the establishment is open for business, and the manager may be absent for reasonable brief periods during a day.
SPS 50.241(2) (2)Chair or booth leasing. An individual who is neither employed by nor otherwise hired by an owner may perform barbering or cosmetology with a chair or booth in the owner's establishment only if all of the following are complied with:
SPS 50.241(2)(a) (a) A lease agreement between the owner and individual, for the chair or booth, shall be executed in writing.
SPS 50.241(2)(b) (b) The lessee shall be responsible for ensuring that the leased chair or booth operates in accordance with subch. II of ch. 454, Stats., and the rules of the department.
SPS 50.241(2)(c) (c) The lessee shall be a manager and shall hold an establishment license.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.