Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2017 Senate Bill 109, as passed by the senate on June 14,
2017, consists of the following documents adopted in the senate on June 14, 2017:
the bill as affected by Senate Amendment 5 and Senate Amendment 7.
Content of Engrossed 2017 Senate Bill 109:
Under this bill, a person licensed to practice cosmetology, aesthetics,
manicuring, or barbering may engage in that practice outside of a licensed
establishment if the following conditions are satisfied: 1) the person owns, manages,
is employed by, or is affiliated with an establishment that is licensed to provide that
service; 2) the person brings to the location where the person performs services a copy
of the license furnished to the person; and 3) the service provided by the person does
not involve the use of a chemical process, except for cutting hair, styling hair, or
applying cosmetics. In addition, the bill requires the Cosmetology Examining Board
to promulgate rules permitting the practice of electrology outside of a licensed
establishment and to promulgate rules permitting the use of a chemical process in
the practice of cosmetology, aesthetics, or manicuring outside of a licensed
establishment. Also, the Department of Safety and Professional Services is required
to promulgate rules permitting the use of a chemical process in the practice of
barbering. Under current law, the Board, in the case of cosmetology, aesthetics, and
manicuring, and DSPS, in the case of barbering, are authorized to promulgate rules
permitting those practices outside of a licensed establishment only for services
provided to persons who are homebound or in a hospital, nursing home, correctional
institution, or other institution.
The bill also eliminates the separate licensure of cosmetology managers and
barbering managers. Managers of cosmetology establishments and barbering
establishments are required to ensure that those establishments operate in
compliance with laws and rules regulating the provision of cosmetology and
barbering services. Under the bill, a licensed cosmetologist must be designated as
the manager, required to ensure such compliance, of a cosmetology establishment,
and either a licensed cosmetologist or a licensed barber must be designated as the
manager, required to ensure such compliance, of a barbering establishment. The bill
converts a person who was formerly licensed as a cosmetology manager into a
licensed cosmetologist and a person who was formerly licensed as a barbering
manager into a licensed barber.
This bill also eliminates the requirement for cosmetologists, aestheticians,
electrologists, manicurists, and barbers to be granted a certification by DSPS in
order to provide instruction in their respective professions. The bill prohibits DSPS
from requiring an instructor certification to be renewed. Current law requires
renewal of an instructor certification every two years. The bill also prohibits a person

from representing himself or herself as a Wisconsin certified cosmetology, aesthetics,
electrology, manicuring, or barbering instructor or using any of those titles unless
the person is granted the applicable instructor certification.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB109-engrossed,3 1Section 3. 440.03 (13) (b) 15. of the statutes is repealed.
SB109-engrossed,5 2Section 5. 440.03 (13) (b) 19s. of the statutes is repealed.
SB109-engrossed,8 3Section 8. 440.08 (2) (a) 7. of the statutes is repealed.
SB109-engrossed,9 4Section 9. 440.08 (2) (a) 17. of the statutes is repealed.
SB109-engrossed,10 5Section 10. 440.08 (2) (a) 18. of the statutes is repealed.
SB109-engrossed,11 6Section 11. 440.08 (2) (a) 24g. of the statutes is repealed.
SB109-engrossed,12 7Section 12. 440.08 (2) (a) 24i. of the statutes is repealed.
SB109-engrossed,13 8Section 13. 440.08 (2) (a) 32. of the statutes is repealed.
SB109-engrossed,14 9Section 14. 440.08 (2) (a) 43. of the statutes is repealed.
SB109-engrossed,15 10Section 15. 440.60 (4s) of the statutes is repealed.
SB109-engrossed,16 11Section 16. 440.60 (5s) of the statutes is repealed.
SB109-engrossed,17 12Section 17. 440.62 (3) (ag) 3. of the statutes is repealed.
SB109-engrossed,18 13Section 18. 440.62 (3) (ar) 3. of the statutes is repealed.
SB109-engrossed,19 14Section 19. 440.62 (5) (a) of the statutes is amended to read:
SB109-engrossed,3,1615 440.62 (5) (a) No specialty school may offer theoretical instruction for
16managers or apprentices.
SB109-engrossed,20g 17Section 20g. 440.63 (1) of the statutes is amended to read:
SB109-engrossed,4,218 440.63 (1) Instructor certification required Instructors. (a) No person may
19provide practical instruction in barbering unless the person holds a current
20barbering instructor or cosmetology instructor certificate issued barber license

1granted
by the department or cosmetologist license granted by the cosmetology
2examining board
.
SB109-engrossed,4,53 (am) No person may provide practical instruction in cosmetology unless the
4person holds a current cosmetology instructor certificate issued by the department
5cosmetologist license granted by the cosmetology examining board.
SB109-engrossed,4,96 (b) No person may provide practical instruction in aesthetics unless the person
7holds a current aesthetics instructor or cosmetology instructor certificate issued by
8the department
aesthetician license or cosmetologist license granted by the
9cosmetology examining board
.
SB109-engrossed,4,1210 (c) No person may provide practical instruction in electrology unless the person
11holds a current electrology instructor certificate issued by the department
12electrologist license granted by the cosmetology examining board.
SB109-engrossed,4,1613 (d) No person may provide practical instruction in manicuring unless the
14person holds a current manicuring instructor or cosmetology instructor certificate
15issued by the department
manicurist license or cosmetologist license granted by the
16cosmetology examining board
.
SB109-engrossed,20r 17Section 20r. 440.63 (1m) of the statutes is created to read:
SB109-engrossed,4,2218 440.63 (1m) Use of title. (a) No person may use the title “Wisconsin certified
19barbering instructor,” use any title that implies that he or she is a Wisconsin certified
20barbering instructor, or represent himself of herself to be a Wisconsin certified
21barbering instructor unless the person is certified as a barbering instructor under
22this subchapter.
SB109-engrossed,5,223 (b) No person may use the title “Wisconsin certified cosmetology instructor,”
24use any title that implies that he or she is a Wisconsin certified cosmetology
25instructor, or represent himself of herself to be a Wisconsin certified cosmetology

1instructor unless the person is certified as a cosmetology instructor under this
2subchapter.
SB109-engrossed,5,63 (c) No person may use the title “Wisconsin certified aesthetics instructor,” use
4any title that implies that he or she is a Wisconsin certified aesthetics instructor, or
5represent himself of herself to be a Wisconsin certified aesthetics instructor unless
6the person is certified as an aesthetics instructor under this subchapter.
SB109-engrossed,5,107 (d) No person may use the title “Wisconsin certified electrology instructor,” use
8any title that implies that he or she is a Wisconsin certified electrology instructor, or
9represent himself of herself to be a Wisconsin certified electrology instructor unless
10the person is certified as an electrology instructor under this subchapter.
SB109-engrossed,5,1411 (e) No person may use the title “Wisconsin certified manicuring instructor,” use
12any title that implies that he or she is a Wisconsin certified manicuring instructor,
13or represent himself of herself to be a Wisconsin certified manicuring instructor
14unless the person is certified as a manicuring instructor under this subchapter.
SB109-engrossed,26m 15Section 26m. 440.63 (2) of the statutes is amended to read:
SB109-engrossed,6,316 440.63 (2) Applications; certification period. An application for initial
17certification or renewal or reinstatement of a certificate under this section shall be
18submitted to the department on a form provided by the department. An application
19for initial certification shall include the initial credential a one-time certification fee
20determined by the department using the procedures established under s. 440.03 (9)
21(a). Renewal applications shall be submitted to the department on a form provided
22by the department on or before the applicable renewal date specified under s. 440.08
23(2) (a) and shall include the applicable renewal fee determined by the department
24under s. 440.03 (9) (a), and the applicable penalty for late renewal under s. 440.08
25(3) if the application is submitted late
, except that no certification fee is required

1under this section for an individual who is eligible for the veterans fee waiver
2program under s. 45.44. The department may not require renewal of a certificate
3issued under this section
.
SB109-engrossed,28 4Section 28. 440.635 of the statutes is amended to read:
SB109-engrossed,6,9 5440.635 Persons providing practical instruction in specialty schools.
6(1) No person may provide practical instruction in a specialty school of aesthetics
7unless the person holds a current cosmetology manager cosmetologist license or
8aesthetician
license issued by the cosmetology examining board or a current
9cosmetology instructor or aesthetics instructor certificate issued by the department
.
SB109-engrossed,6,13 10(2) No person may provide practical instruction in a specialty school of
11electrology unless the person holds a current electrologist license and a current
12cosmetology manager license
issued by the cosmetology examining board or an
13electrology instructor certificate issued by the department
.
SB109-engrossed,6,18 14(3) No person may provide practical instruction in a specialty school of
15manicuring unless the person holds a current cosmetology manager cosmetologist
16license or manicurist
license issued by the cosmetology examining board or a current
17cosmetology instructor or manicuring instructor certificate issued by the
18department
.
SB109-engrossed,29 19Section 29. 440.64 (3) (b) (intro.) of the statutes is amended to read:
SB109-engrossed,6,2320 440.64 (3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
21department may reprimand a licensee or certified instructor or deny, limit, suspend,
22or revoke a license or certificate under this subchapter if it finds that the applicant,
23or licensee or certified instructor has done any of the following:
SB109-engrossed,30 24Section 30. 440.64 (3) (c) of the statutes is amended to read:
SB109-engrossed,7,4
1440.64 (3) (c) In addition to or in lieu of a reprimand or denial, limitation,
2suspension, or revocation of a license or certificate under par. (b), the department
3may assess against a school, or specialty school or instructor a forfeiture of not less
4than $100 nor more than $5,000 for each violation enumerated under par. (b).
SB109-engrossed,31 5Section 31. 454.01 (7s) of the statutes is repealed.
SB109-engrossed,32 6Section 32. 454.04 (1) (a) of the statutes is amended to read:
SB109-engrossed,7,127 454.04 (1) (a) Except as permitted under pars. (b) and (d), sub. (1m), and subch.
8II, no person may engage in cosmetology unless the person has received training in
9the areas of service provided and holds a current cosmetologist license or cosmetology
10manager license
issued by the examining board that is not an inactive license or
11temporary permit issued by the examining board or is an apprentice under s. 454.10
12or a student in a cosmetology course of instruction.
SB109-engrossed,33 13Section 33. 454.04 (1) (b) of the statutes is amended to read:
SB109-engrossed,7,1914 454.04 (1) (b) No person may engage in aesthetics unless the person has
15received training in the areas of service provided and holds a current aesthetician
16license, or cosmetologist license, or cosmetology manager license issued by the
17examining board that is not an inactive license or temporary permit or training
18permit issued by the examining board or is an apprentice under s. 454.10 or a student
19in an aesthetics or cosmetology course of instruction.
SB109-engrossed,34 20Section 34. 454.04 (1) (d) of the statutes is amended to read:
SB109-engrossed,8,221 454.04 (1) (d) No person may engage in manicuring unless the person has
22received training in the areas of service provided and holds a current manicurist
23license, or cosmetologist license, or cosmetology manager license issued by the
24examining board that is not an inactive license or temporary permit or training

1permit issued by the examining board or is an apprentice under s. 454.10 or a student
2in a manicuring or cosmetology course of instruction.
SB109-engrossed,35 3Section 35. 454.04 (2) (a) of the statutes is amended to read:
SB109-engrossed,8,64 454.04 (2) (a) No person may use the title “cosmetologist" or any other similar
5title unless the person holds a current cosmetologist license or cosmetology manager
6license
issued by the examining board that is not an inactive license.
SB109-engrossed,36 7Section 36. 454.04 (2) (b) of the statutes is amended to read:
SB109-engrossed,8,118 454.04 (2) (b) No person may use the title “aesthetician" or any other similar
9title unless the person holds a current aesthetician license, or cosmetologist license,
10or cosmetology manager license
issued by the examining board that is not an inactive
11license.
SB109-engrossed,37 12Section 37. 454.04 (2) (d) of the statutes is amended to read:
SB109-engrossed,8,1613 454.04 (2) (d) No person may use the title “manicurist" or any other similar title
14unless the person holds a current manicurist license, or cosmetologist license, or
15cosmetology manager license
issued by the examining board that is not an inactive
16license.
SB109-engrossed,38 17Section 38. 454.06 (3) of the statutes is repealed.
SB109-engrossed,39 18Section 39. 454.06 (4) (b) 2. of the statutes is amended to read:
SB109-engrossed,8,2319 454.06 (4) (b) 2. At least 450 training hours in not less than 11 weeks and not
20more than 30 weeks under the supervision of a cosmetology instructor or aesthetics
21instructor certified under s. 440.63 (3) (am) or (b) or a licensed cosmetology manager,

22licensed cosmetologist or aesthetician in a licensed establishment that is also
23licensed as a specialty school of aesthetics under s. 440.62 (4) (a).
SB109-engrossed,40 24Section 40. 454.06 (5) (b) 2. of the statutes is amended to read:
SB109-engrossed,9,5
1454.06 (5) (b) 2. At least 450 training hours in not less than 11 weeks and not
2more than 30 weeks under the supervision of an electrology instructor certified
3under s. 440.63 (3) (c), or
a licensed electrologist who is also a licensed cosmetology
4manager,
in a licensed establishment that is also licensed as a specialty school of
5electrology under s. 440.62 (4) (b).
SB109-engrossed,41 6Section 41. 454.06 (6) (b) 2. of the statutes is amended to read:
SB109-engrossed,9,127 454.06 (6) (b) 2. At least 300 training hours of training in not less than 7 weeks
8and not more than 20 weeks under the supervision of a cosmetology instructor or
9manicuring instructor certified under s. 440.63 (3) (am) or (d) or a licensed
10cosmetology manager,
licensed cosmetologist or manicurist in a licensed
11establishment that is also licensed as a specialty school of manicuring under s.
12440.62 (4) (c).
SB109-engrossed,42 13Section 42. 454.06 (7) of the statutes is amended to read:
SB109-engrossed,9,1914 454.06 (7) Posting of license certificates. The examining board shall furnish
15a certificate to each licensee, certifying that the holder is licensed to practice
16cosmetology, aesthetics, electrology, or manicuring or is a licensed cosmetology
17manager
. The licensee shall post the certificate in a conspicuous place in the licensed
18establishment. A licensee who holds an inactive license may not post a certificate
19for that inactive license.
SB109-engrossed,43 20Section 43. 454.07 (1) of the statutes is amended to read:
SB109-engrossed,9,2421 454.07 (1) The examining board shall, in accordance with s. 440.07 (2), conduct
22examinations for cosmetologist, cosmetology manager, aesthetician, electrologist,
23and manicurist licenses not less than 8 times annually, at times and places
24determined by the examining board.
SB109-engrossed,44 25Section 44. 454.08 (1) (a) of the statutes is repealed.
SB109-engrossed,45g
1Section 45g. 454.08 (1) (ag) of the statutes is created to read:
SB109-engrossed,10,32 454.08 (1) (ag) 1. The examining board shall promulgate rules permitting the
3practice of electrology outside of a licensed establishment.
SB109-engrossed,10,94 2. The examining board shall promulgate rules permitting the use of a chemical
5process in the practice of cosmetology, aesthetics, or manicuring outside of a licensed
6establishment, except that the examining board may not promulgate any rule that
7restricts the use of a chemical process in cutting or styling hair in the practice of
8cosmetology or applying cosmetics, oils, lotions, clay, creams, antiseptics, powders,
9or tonics in the practice of aesthetics.
SB109-engrossed,45r 10Section 45r. 454.08 (1) (ar) of the statutes is created to read:
SB109-engrossed,10,1211 454.08 (1) (ar) A person may practice cosmetology, aesthetics, or manicuring
12outside of a licensed establishment if all of the following apply:
SB109-engrossed,10,1413 1. The person owns, manages, is employed by, or is affiliated with an
14establishment that is licensed to provide that service under sub. (2).
SB109-engrossed,10,1615 2. The person brings the certificate furnished to the person under s. 454.06 (7),
16or a copy, to the location where cosmetology, aesthetics, or manicuring is practiced.
SB109-engrossed,10,2017 3. The service provided by the person does not involve the use of a chemical
18process, except for the use, outside of a licensed establishment, of a chemical process
19in cutting or styling hair in the practice of cosmetology or applying cosmetics, oils,
20lotions, clay, creams, antiseptics, powders, or tonics in the practice of aesthetics.
SB109-engrossed,46m 21Section 46m. 454.08 (1) (b) of the statutes is amended to read:
SB109-engrossed,10,2522 454.08 (1) (b) Except as permitted by rule promulgated under par. (a) (ag) or
23(ar)
, no person may practice cosmetology, aesthetics, electrology, or manicuring in an
24establishment unless the establishment is licensed to provide that practice under
25sub. (2).
SB109-engrossed,47
1Section 47. 454.08 (4) of the statutes is amended to read:
SB109-engrossed,11,122 454.08 (4) The examining board shall, by rule, establish minimum standards
3concerning the maintenance, equipment, plans, and specifications for licensed
4establishments as they relate to the public health and safety. The examining board
5may not promulgate a rule requiring the use of a tuberculocidal disinfectant by a
6manager of, or
a barber or cosmetologist in, an establishment licensed under this
7section. The examining board may not license an establishment under this section
8unless it meets the standards established by the examining board. A person
9proposing to open an establishment in a new location shall apply to the examining
10board for an inspection and approval of the establishment, submitting an exact
11description and floor plan of the proposed location of the establishment on a form
12provided by the department.
SB109-engrossed,48 13Section 48. 454.08 (6) of the statutes is amended to read:
SB109-engrossed,11,1814 454.08 (6) A person who owns a cosmetology establishment shall employ at
15least one person as a manager who holds a cosmetology manager license and
16manages the establishment on a full-time basis. The cosmetology manager of a
17cosmetology establishment
shall ensure that the establishment operates in
18compliance with this subchapter and rules promulgated by the examining board.
SB109-engrossed,49 19Section 49. 454.10 (3) (a) of the statutes is amended to read:
SB109-engrossed,12,220 454.10 (3) (a) No apprentice under this section may practice cosmetology
21except under the supervision of a licensed cosmetology manager, whose cosmetology
22license is not an inactive license, or
under the supervision of a licensed cosmetologist,
23whose cosmetology license is not an inactive license, and to whom supervisory
24authority has been delegated by a licensed cosmetology manager. A licensed
25cosmetology manager may only delegate supervisory authority to a licensed

1cosmetologist
and who has completed at least 2,000 hours of practice as a licensed
2cosmetologist.
SB109-engrossed,50 3Section 50. 454.13 (1) (intro.) of the statutes is amended to read:
SB109-engrossed,12,94 454.13 (1) (intro.) Upon application and payment of the fee specified in s.
5440.05 (2), the examining board may issue a license to practice cosmetology,
6aesthetics, electrology, or manicuring or to practice as a cosmetology manager to an
7applicant who is licensed in another state or territory of the United States or in
8another country to perform services that are substantially the same as those
9performed by licensees in this state and to whom either of the following applies:
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