440.62(4)(b)3. 3. Satisfies the requirements for specialty schools of electrology established in rules promulgated under subs. (2) (e) and (5) (b) and s. 440.64 (1) (b).
440.62(4)(c) (c) Specialty school of manicuring license. The department shall issue a specialty school of manicuring license to each specialty school that meets the following requirements:
440.62(4)(c)1. 1. Satisfies the conditions in sub. (2).
440.62(4)(c)2. 2. Requires as a prerequisite to graduation completion of a course of instruction in manicuring of at least 300 training hours in not less than 7 weeks and not more than 20 weeks.
440.62(4)(c)3. 3. Satisfies the requirements for specialty schools of manicuring established in rules promulgated under subs. (2) (e) and (5) (b) and s. 440.64 (1) (b).
440.62(5) (5)Requirements for courses of instruction.
440.62(5)(a)(a) No specialty school may offer theoretical instruction for managers or apprentices.
440.62(5)(b)1.1. The cosmetology examining board shall promulgate rules prescribing the subjects required to be included in courses of instruction at schools of cosmetology and specialty schools and establishing minimum standards for courses of instruction and instructional materials and equipment at schools of cosmetology and specialty schools.
440.62(5)(b)2. 2. The department shall promulgate rules prescribing the subjects required to be included in courses of instruction at schools of barbering and establishing minimum standards for courses of instruction and instructional materials and equipment at schools of barbering.
440.62 History History: 1987 a. 265; 1991 a. 39; 2007 a. 20; 2011 a. 190; 2013 a. 205, 356; s. 13.92 (2) (i).
440.62 Cross-reference Cross-reference: See also chs. SPS 60, 61, 62, and 65, and Wis. adm. code.
440.63 440.63 Persons providing practical instruction in schools.
440.63(1)(1) Instructor certification required.
440.63(1)(a)(a) No person may provide practical instruction in barbering unless the person holds a current barbering instructor or cosmetology instructor certificate issued by the department.
440.63(1)(am) (am) No person may provide practical instruction in cosmetology unless the person holds a current cosmetology instructor certificate issued by the department.
440.63(1)(b) (b) No person may provide practical instruction in aesthetics unless the person holds a current aesthetics instructor or cosmetology instructor certificate issued by the department.
440.63(1)(c) (c) No person may provide practical instruction in electrology unless the person holds a current electrology instructor certificate issued by the department.
440.63(1)(d) (d) No person may provide practical instruction in manicuring unless the person holds a current manicuring instructor or cosmetology instructor certificate issued by the department.
440.63(2) (2)Applications; certification period. An application for initial certification or renewal or reinstatement of a certificate under this section shall be submitted to the department on a form provided by the department. An application for initial certification shall include the initial credential fee determined by the department under s. 440.03 (9) (a). Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a), and the applicable penalty for late renewal under s. 440.08 (3) if the application is submitted late.
440.63(3) (3)Instructor certifications.
440.63(3)(a)(a) Barbering instructor certification. The department shall issue a barbering instructor certificate to each person who meets all of the following requirements:
440.63(3)(a)1. 1. Satisfies the conditions in sub. (2).
440.63(3)(a)2. 2. Completes 2,000 hours of practice as a licensed barber or holds a current barbering manager license issued by the department.
440.63(3)(a)3. 3. Completes 150 training hours of instructor training approved by the department.
440.63(3)(a)4. 4. Passes an examination conducted by the department to determine fitness as a barbering instructor.
440.63(3)(am) (am) Cosmetology instructor certification. The department shall issue a cosmetology instructor certificate to each person who meets all of the following requirements:
440.63(3)(am)1. 1. Satisfies the conditions in sub. (2).
440.63(3)(am)2. 2. Completes 2,000 hours of practice as a licensed cosmetologist or holds a current cosmetology manager license issued by the cosmetology examining board.
440.63(3)(am)3. 3. Completes 150 training hours of instructor training approved by the department.
440.63(3)(am)4. 4. Passes an examination conducted by the department to determine fitness as a cosmetology instructor.
440.63(3)(b) (b) Aesthetics instructor certification. The department shall issue an aesthetics instructor certificate to each person who meets the following requirements:
440.63(3)(b)1. 1. Satisfies the conditions in sub. (2).
440.63(3)(b)2. 2. Completes 2,000 hours of practice as a licensed aesthetician and 150 training hours of instructor training approved by the department.
440.63(3)(b)3. 3. Passes an examination conducted by the department to determine fitness as an aesthetics instructor.
440.63(3)(c) (c) Electrology instructor certification. The department shall issue an electrology instructor certificate to each person who meets the following requirements:
440.63(3)(c)1. 1. Satisfies the conditions in sub. (2).
440.63(3)(c)2. 2. Completes 2,000 hours of practice as a licensed electrologist and 150 training hours of instructor training approved by the department.
440.63(3)(c)3. 3. Passes an examination conducted by the department to determine fitness as an electrology instructor.
440.63(3)(d) (d) Manicuring instructor certification. The department shall issue a manicuring instructor certificate to each person who meets the following requirements:
440.63(3)(d)1. 1. Satisfies the conditions in sub. (2).
440.63(3)(d)2. 2. Completes 2,000 hours of practice as a licensed manicurist and 150 training hours of instructor training approved by the department.
440.63(3)(d)3. 3. Passes an examination conducted by the department to determine fitness as a manicuring instructor.
440.63 Cross-reference Cross-reference: See also ch. SPS 65, Wis. adm. code.
440.635 440.635 Persons providing practical instruction in specialty schools.
440.635(1)(1) No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current cosmetology manager license issued by the cosmetology examining board or a current cosmetology instructor or aesthetics instructor certificate issued by the department.
440.635(2) (2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license and a current cosmetology manager license issued by the cosmetology examining board or an electrology instructor certificate issued by the department.
440.635(3) (3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetology manager license issued by the cosmetology examining board or a current cosmetology instructor or manicuring instructor certificate issued by the department.
440.635 History History: 1987 a. 265; 2011 a. 190.
440.64 440.64 Regulation of schools and specialty schools.
440.64(1)(1) Duties of department.
440.64(1)(a)(a) The department shall investigate the adequacy of the courses of instruction and instructional materials and equipment at schools and specialty schools and review those courses of instruction, instructional materials, and equipment for compliance with minimum standards established by rules of the department or cosmetology examining board, as appropriate.
440.64(1)(b) (b) The department shall promulgate rules:
440.64(1)(b)1. 1. Establishing standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
440.64(1)(b)2. 2. Regulating the negotiability of promissory instruments received by schools and specialty schools in payment of tuition and other charges.
440.64(1)(b)3. 3. Establishing minimum standards for the refund of portions of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from a course or course of instruction.
440.64(1)(b)4. 4. Requiring schools and specialty schools to furnish information to the department concerning their facilities, curricula, instructors, registration and enrollment policies, enrollment rosters, student training hours, contracts, financial records, tuition and other charges and fees, refund policies and policies concerning the negotiability of promissory instruments received in payment of tuition and other charges.
440.64(2) (2)Auditors and inspectors.
440.64(2)(a)(a) The department shall appoint auditors and inspectors under the classified service to audit and inspect schools and specialty schools.
440.64(2)(b) (b) An auditor or inspector appointed under par. (a) may enter and audit or inspect any school or specialty school at any time during business hours.
440.64(3) (3)Investigations, hearings, reprimands, denials, limitations, suspensions and revocations.
440.64(3)(a)(a) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
440.64(3)(b) (b) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensee or certified instructor or deny, limit, suspend or revoke a license or certificate under this subchapter if it finds that the applicant, licensee or certified instructor has done any of the following:
440.64(3)(b)1. 1. Made a material misstatement in an application for licensure, certification or renewal.
440.64(3)(b)2. 2. Advertised in a manner which is false, deceptive or misleading.
440.64(3)(b)3. 3. Violated this subchapter or any rule promulgated under this subchapter.
440.64(3)(c) (c) In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license or certificate under par. (b), the department may assess against a school, specialty school or instructor a forfeiture of not less than $100 nor more than $5,000 for each violation enumerated under par. (b).
440.64 History History: 1987 a. 265; 2011 a. 190.
440.64 Cross-reference Cross-reference: See also chs. SPS 60, 61, 62, and 65, Wis. adm. code.
subch. VII of ch. 440 SUBCHAPTER VII
CREMATORY AUTHORITIES
440.70 440.70 Definitions. As used in this subchapter:
440.70(1) (1) "Authorization form" means a form specified in s. 440.73.
440.70(3) (3) "Business entity" has the meaning given in s. 452.01 (3j).
440.70(4) (4) "Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremated remains.
440.70(5) (5) "Cremated remains" means human remains recovered from the cremation of a human body or body part and the residue of a container or foreign materials that were cremated with the body or body part.
440.70(6) (6) "Cremation" means the process of using heat to reduce human remains to bone fragments and includes processing or pulverizing the bone fragments.
440.70(7) (7) "Cremation chamber" means an enclosed space within which cremation takes place.
440.70(8) (8) "Crematory" means a building or portion of a building within which a cremation chamber is located.
440.70(9) (9) "Crematory authority" means a person who owns or operates a crematory.
440.70(10) (10) "Funeral director" has the meaning given in s. 445.01 (5).
440.70(11) (11) "Funeral establishment" has the meaning given in s. 445.01 (6).
440.70(12) (12) "Human remains" means the body or part of the body of a deceased individual.
440.70(14) (14) "Niche" means a space in a columbarium that is used or intended to be used for the inurnment of cremated remains.
440.70 History History: 2005 a. 31, 254.
440.71 440.71 Registration; renewal.
440.71(1) (1) Prohibition. No person may cremate human remains unless the department has registered the person as a crematory authority under sub. (2).
440.71(2) (2)Registration. The department shall register a person as a crematory authority if the person does all of the following:
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This is an archival version of the Wis. Stats. database for 2013. See Are the Statutes on this Website Official?