SPS 50.340(2)(a) (a) The department has entered into a written reciprocal agreement with the licensing authority of another state, after determining that the education and services practiced are substantially equivalent to those in Wisconsin.
SPS 50.340(2)(b) (b) The applicant holds a current license in the other jurisdiction.
SPS 50.340(2)(c) (c) The applicant pays the appropriate fee as indicated in s. 440.05, Stats.
SPS 50.340(2)(d) (d) The applicant has at least 4,000 hours of experience in licensed practice.
SPS 50.340(2m) (2m)Reciprocity for service members, former service members, and their spouses. A reciprocal barbering license shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this subsection.
SPS 50.340 History History: Application forms are available on the department's website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 50.340(3) (3) Inactive license.
SPS 50.340(3)(a)(a) Any person who has been granted an inactive license, under s. 454.23 (6), Stats., may not receive compensation for barbering services and may not practice in a licensed barbering establishment.
SPS 50.340(3)(b) (b) Activities permitted under this subsection include purchasing supplies—or cutting hair outside an establishment, without compensation, such as for a resident in a nursing home.
SPS 50.340 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 21-056: am. (2) (title), cr. (2m) Register July 2023 No. 811, eff. 8-1-23.
subch. IV of ch. SPS 50 Subchapter IV — Renewals, Reinstatement, and Continuing Education
SPS 50.400 SPS 50.400License renewal. To renew a license, a licensee shall, on or before March 31st of every odd-numbered year, file with the department all of the following:
SPS 50.400(1) (1)An application for renewal on a form prescribed by the department.
SPS 50.400 Note Note: An electronic link to the renewal form is included in a renewal notice the Department sends to each licensee.
SPS 50.400(2) (2)The fee determined by the department under s. 440.03 (9) (a), Stats.
SPS 50.400(3) (3)Certification on the application for renewal that the licensee has, during the biennial reporting period immediately preceding application, complied with any applicable continuing education requirements in s. SPS 50.420.
SPS 50.400 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.401 SPS 50.401Late renewal. If the application for renewal is filed after the deadline in s. SPS 50.400 but less than 5 years after the expiration of the applicant's last license, the applicant shall comply with the continuing education requirements in s. SPS 50.420, and pay the late renewal fee in s. 440.08 (3) (a), Stats., in addition to the renewal fee under s. SPS 50.400 (2).
SPS 50.401 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.402 SPS 50.402Renewal that includes conversion from cosmetology. Until March 31, 2015, an active cosmetologist, cosmetology manager, or cosmetology establishment licensed under chs. Cos 1 to 11 may convert to a barbering license upon request to the department and satisfaction of the applicable renewal requirements for barbering.
SPS 50.402 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.410 SPS 50.410Reinstatement of license. If an application for restoring a license occurs 5 years or more after expiration of the applicant's most recent license, the applicant shall pass the examination specified in s. SPS 50.330 (3) prior to reinstatement of the license, no continuing education requirements apply to that reinstatement, and the fees listed in s. SPS 50.401 shall be submitted to the department. However, renewal of the reinstated license is subject to the continuing education requirements of this chapter.
SPS 50.410 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.420 SPS 50.420Continuing education requirements for license renewal.
SPS 50.420(1)(1)Beginning with the biennial reporting period that starts on April 1, 2013, every licensee shall complete a minimum of 4 continuing education credit hours during each biennial reporting period, except as provided in sub. (2).
SPS 50.420(2)(a)(a) A licensee is not required to complete continuing education credit hours between initial licensure and the first license renewal period.
SPS 50.420(2)(b) (b) A licensee who has completed 8 years of practice as a licensed barber, or as a licensed cosmetologist under chs. Cos 1 to 11—or as initially one of these and then the other—is not required to satisfy any continuing education requirements for barbering.
SPS 50.420(2)(c) (c) A licensee may complete an education examination conducted by the department, in lieu of the educational programs specified in sub. (6), provided a score of at least 70 is achieved on the examination.
SPS 50.420(3) (3)A cosmetologist who has been licensed for less than 8 years under chs. Cos 1 to 11 and who elects at the time of renewal in 2013 to be issued a barber license shall complete the continuing education hours for the 2015 renewal.
SPS 50.420(4) (4)A cosmetologist who has been licensed for less than 8 years under chs. Cos 1 to 11 and who elects at the time of renewal in 2015 to be issued a barber license shall complete the continuing education hours for the 2017 renewal.
SPS 50.420(5)(a)(a) If a licensee fails to satisfy the continuing education requirements within a biennial reporting period, continuing education credit hours acquired on or after April 1st of any odd-numbered year will be first applied to the preceding biennium until the requirement is fulfilled. Continuing education credit hours may not apply to more than one biennium.
SPS 50.420(5)(b) (b) A licensee who fails to meet the continuing education requirements by March 31st of any odd-numbered year may not engage in the practice of a barbering until the license is renewed, except as provided in s. SPS 50.424.
SPS 50.420(6) (6)Continuing education credit hours shall be obtained through any of the following means:
SPS 50.420(6)(a) (a) Attending seminars, corporate in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences, that meet the requirements of s. SPS 50.421. Attendance may be in person or via remote classroom where a qualified provider is available to the participant to comment and answer questions.
SPS 50.420(6)(b) (b) Teaching a continuing education program that meets the requirements of s. SPS 50.421. A person who teaches may only receive credit for the initial offering or presentation of a course or program during a biennium. Fifty minutes of actual instruction is equivalent to one continuing education credit hour.
SPS 50.420(6)(c) (c) Participating in distance education that meets the requirements of s. SPS 50.421, including completion of interactive short courses or tutorials, delivery of educational programs and courses on CD-ROM or the Internet, or correspondence courses.
SPS 50.420 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.421 SPS 50.421Standards for continuing education programs.
SPS 50.421(1)(1)A continuing education training program shall meet all of the following:
SPS 50.421(1)(a) (a) Include instruction in an organized method of learning contributing directly to the professional competency of the licensee and pertaining to subject matters that integrally relate to the practice of the profession. The instruction shall include amplification, evaluation, examples, and explanation of the course subject matter to the licensee.
SPS 50.421(1)(b) (b) Be conducted by individuals or entities which have specialized education, training or experience, and which are qualified in the subject matter of the program.
SPS 50.421(1)(c) (c) Include any of the following content:
SPS 50.421(1)(c)1. 1. Business management that may be utilized in the barber profession, which may include such courses as financial business planning, customer service, or computer courses.
SPS 50.421(1)(c)2. 2. Any topic covered in this chapter.
SPS 50.421(1)(c)3. 3. Any topic covering the principles and practices of barbering.
SPS 50.421(1)(d) (d) Provide attendance or completion verification records in the form of completion certificates or other documents evidencing attendance at, or completion of, the continuing education training program. The certificate or other document shall include all of the following:
SPS 50.421(1)(d)1. 1. The name of the course.
SPS 50.421(1)(d)2. 2. The sponsor's name.
SPS 50.421(1)(d)3. 3. The student's name.
SPS 50.421(1)(d)4. 4. The date of completion.
SPS 50.421(1)(d)5. 5. The number of hours.
SPS 50.421(1)(d)6. 6. A signature from the instructor or provider.
SPS 50.421(2) (2)Continuing education programs offered by any of the following providers qualify for continuing education credit hours with no further approval needed from the department:
SPS 50.421(2)(a) (a) Universities, technical colleges, and schools licensed by the appropriate authority for the state in which the program is offered.
SPS 50.421(2)(b) (b) State-licensed or state-certified instructors who have not had any disciplinary actions taken against them in the 3-year period preceding their planned instruction.
SPS 50.421(2)(c) (c) Product distribution companies, state-level or national-level professional organizations, national salon chains, or other providers, that offer programs with significant professional educational benefits for licensees.
SPS 50.421 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.422 SPS 50.422Certificate of completion, proof of attendance.
SPS 50.422(1)(1)Each licensee shall certify on the license renewal application that he or she fully complies with the continuing education requirements in this chapter.
SPS 50.422(2) (2)The department may conduct a random audit of its licensees on a biennial basis for assessing compliance with the continuing education requirements in this chapter. It is the responsibility of each licensee to retain or otherwise produce evidence of compliance.
SPS 50.422(3) (3)If evidence of compliance is requested by the department or its designee, the licensee shall submit the requested information or documentation within 30 business days of receiving the written notice. Failure to do so may result in disciplinary action.
SPS 50.422 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.423 SPS 50.423Recordkeeping. A licensee shall obtain a certificate of completion from the program provider for each continuing education training program completed. The licensee shall retain the certificates and any other required documentation for a minimum of 5 years.
SPS 50.423 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.424 SPS 50.424Waiver of continuing education requirement.
SPS 50.424(1)(1)A renewal applicant who is actively practicing in the profession and is unable to fully comply with the continuing education requirements due to temporary and extreme hardship, as determined by the department, may submit a written request for a waiver. The department or its designee will review the request, and in its sole discretion may grant a full or partial waiver, or an extension of time to comply with the requirements.
SPS 50.424(2) (2)A renewal applicant who prior to the expiration date of the license submits a request for a waiver, pays the renewal fee, and provides a written statement setting forth the basis of the request, shall be deemed to be licensed and in good standing until the final decision on the application is issued by the department or its designee. If the waiver is denied and the license has expired, the applicant shall immediately discontinue engaging in the practice of barbering until the applicant meets the requirements of s. SPS 50.420 and submits evidence of compliance to the department or its designee.
SPS 50.424(3) (3)A renewal applicant may not receive a waiver under this provision for 2 consecutive biennia.
SPS 50.424 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
subch. V of ch. SPS 50 Subchapter V — Forfeitures
SPS 50.500 SPS 50.500Scope.
SPS 50.500(1)(1)The citation procedures in this subchapter may be used in an action to recover a forfeiture under s. 454.29 (3), Stats.
SPS 50.500 Note Note: The forfeitures under section 454.29 of the Statutes may be assessed against any license holder or applicant who has committed any of the offenses listed in the section, and can be up to $1,000 for each separate offense. Each day of continued violation is a separate offense.
SPS 50.500(2) (2)The citation form provided under this subchapter may serve as the initial pleading for a disciplinary action and is adequate process to give the department jurisdiction over the credential holder, if the citation is served upon the credential holder.
SPS 50.500 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.510 SPS 50.510Citation for administrative forfeiture. A citation under this subchapter shall be issued by one of the department's investigators and shall contain substantially all of the following information:
SPS 50.510(1) (1)The name, address, and credential number of the credential holder.
SPS 50.510(2) (2)The name and signature of the individual issuing the citation.
SPS 50.510(3) (3)A description of the violation alleged, the time and place of its occurrence, a statement that the respondent committed the violation, and the statute or administrative code provision violated.
SPS 50.510(4) (4)Notice that the credential holder may submit a response contesting the citation and requesting a hearing. The notice shall include the date and address for the timely submission of a request, and shall state that the request for a hearing must be in writing.
SPS 50.510(5) (5)The forfeiture assessment requested by the department.
SPS 50.510(6) (6)A summary of the citation procedure, including the provisions for deposit and stipulation in lieu of an appearance before an administrative law judge or the department.
SPS 50.510 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.520 SPS 50.520Service. Service of a citation under this subchapter may be accomplished by mailing a copy of the citation to the credential holder at the last known address of the credential holder or by any procedure described in s. 801.14 (2), Stats.
SPS 50.520 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.530 SPS 50.530Effect of payment. The credential holder may deposit the amount of forfeiture identified in the citation by mailing the deposit and a copy of the citation to the division. Payment shall be treated as a plea of no contest and submission to an order of forfeiture, not to exceed the amount of the deposit.
SPS 50.530 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
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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.