2011 Wisconsin Act 190

(c) The applicant graduates from high school or attains high school graduation equivalency as determined by the department of public instruction; is participating in a program approved by the department; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d).

(d) The applicant graduates from a course of instruction in barbering of at least 1,000 training hours in barbering in not less than 10 months in a school of barbering licensed under s. 440.62 (3) (ag), a school of cosmetology licensed under s. 440.62 (3) (ar), or a school that is exempted under s. 440.61 or the applicant successfully completes an apprenticeship under s. 454.26.

(e) The applicant passes an examination conducted by the department to determine fitness to practice barbering.

(3) Barbering manager license. The department shall grant a barbering manager license to any person who satisfies all of the following conditions:

(a) The person is a licensed barber or licensed cosmetologist.

(b) The person completes 4,000 hours of practice as a licensed barber or licensed cosmetologist under the supervision of a licensed barbering manager or licensed cosmetology manager or completes 2,000 hours of practice as a licensed barber or licensed cosmetologist and 150 training hours of theoretical instruction in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or school of cosmetology licensed under s. 440.62 (3) (ar) or exempted under s. 440.61.

(c) Pays the fee under s. 440.05 (1).

(d) Passes an examination conducted by the department to determine fitness to practice as a barbering manager.

(4) Posting of license certificate. The department shall issue a certificate to each person licensed under sub. (2) or (3), certifying that the holder is a licensed barber or licensed barbering manager. The licensee shall post the certificate in a conspicuous place in the primary establishment where the licensee practices.

(5) Expiration and renewal. The renewal dates for licenses granted under subs. (2) and (3) are specified under s. 440.08 (2) (a), and the renewal fees for those licenses are determined by the department under s. 440.03 (9) (a).

(6) Inactive license. (a) Any person who is issued a license under sub. (2) or (3) may apply to the department to classify that license as inactive. Upon application under this paragraph, the department may classify a license as inactive if the department determines that the person who holds that license is in good standing with the department and intends to refrain from barbering during the period that the license is inactive.

(b) An inactive license is subject to sub. (5), except that the amount of the renewal fee for an inactive license shall be one-half of the amount of the renewal fee determined by the department for the license under s. 440.03 (9) (a).

(c) The department may remove the inactive classification of an inactive license if the person who holds that inactive license applies to the department to remove the inactive classification and the person meets any additional requirements of the department.

(d) A person whose license is inactive under this subsection may perform minimal barbering work, as determined by the department by rule.

(7) Temporary permit. (a) The department may grant a temporary permit to practice as a barber if an applicant under sub. (2) satisfies all of the conditions under sub. (2) except passage of the examination for licensure and the applicant is scheduled to take that examination.

(b) A temporary permit granted under par. (a) is valid for 6 months and may not be renewed. The fee for a temporary permit is specified in s. 440.05 (6).

454.24 Examinations. (1) The department shall, in accordance with s. 440.07 (2), conduct examinations for barber licenses at least 8 times annually, at times and places determined by the department.

(2) The examination for a license under s. 454.23 (2) or (3) shall consist of written tests and practical demonstrations requiring applicants to demonstrate minimum competency in services and subjects substantially related to the practice of a barber or barbering manager, as appropriate, and public health and safety.

(3) A person is not eligible for examination for a license granted under s. 454.23 (2) or (3) unless the person completes the requirements for licensure under s. 454.23 (2) or (3) except passage of the examination.

(4) An applicant for a license under s. 454.23 (2) or (3) shall file an application for examination in the office of the department at least 3 weeks before the examination. If an applicant fails to file the application within the required time, the department may postpone the applicant's examination to the date of the next available regular examination. The department may require an applicant who fails to appear for or to complete an examination to reapply for examination. An applicant who fails an examination may request reexamination and shall pay a fee for reexamination, according to the procedures and fees established under s. 440.06.

454.25 Barbering establishment license. (1) (a) The department may promulgate rules permitting the provision of barbering services outside of a licensed barbering establishment or a licensed cosmetology establishment by a barber to a person who is unable to leave his or her home because of illness or disability or who is in a hospital, nursing home, correctional institution, or other institution.

(b) Except as permitted by rule promulgated under par. (a), no person may practice barbering in an establishment unless the establishment is a licensed barbering establishment or licensed cosmetology establishment.

(2) The department shall grant a barbering establishment license that authorizes the practice of barbering in the licensed establishment to any person who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and who satisfies the requirements established by the department by rule, including proof of ownership of the business that operates the establishment. Any change of ownership of a licensed barbering establishment shall be reported to the department by the new owner within 5 days after the change of ownership.

(3) The department shall, by rule, establish minimum standards concerning the maintenance, equipment, plans, and specifications for licensed barbering establishments as they relate to the public health and safety. The department may not license a barbering establishment under this section unless the establishment meets the standards established by the department. A person proposing to open a barbering establishment in a new location shall apply to the department for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed establishment on a form provided by the department.

(4) A person who is not a licensed barber, licensed barbering manager, licensed cosmetologist, or licensed cosmetology manager may own or operate a licensed barbering establishment, but may not practice barbering.

(5) A person who owns a licensed barbering establishment shall employ at least one person as a manager who is a licensed barbering manager or licensed cosmetology manager and works full-time in the establishment.

(7) Commercial businesses and practices other than barbering may be operated in a licensed barbering establishment, except that a business or practice that poses a sanitation or health hazard may not be conducted within a licensed barbering establishment.

(8) The department shall furnish a certificate to the owner of a licensed barbering establishment, certifying that the establishment is licensed by the department. The owner shall post the certificate in a conspicuous place in the establishment.

(9) The renewal date for a barbering establishment license is specified under s. 440.08 (2) (a), and the renewal fee for a barbering establishment license is determined by the department under s. 440.03 (9) (a).

454.26 Apprenticeship. (1) An apprentice in barbering shall be employed under an apprentice contract under s. 106.01 and shall be governed by s. 106.01, the apprenticeship rules of the department of workforce development, and the rules of the department.

(2) An apprentice in barbering shall receive at least 3,712 hours of practical training in barbering and at least 288 training hours of instruction in barbering in a school of barbering or school of cosmetology in order to complete the apprenticeship program and be eligible to take the examination for a barber license. An apprentice in barbering shall receive training in barbering for a total of at least 32 hours per week. The training shall be completed in not less than 2 years and not more than 4 years.

(3) (a) An apprentice in barbering may not practice barbering except under the supervision of a licensed barbering manager or licensed cosmetology manager or under the supervision of a licensed barber or licensed cosmetologist to whom supervisory authority has been delegated by a licensed barbering manager or licensed cosmetology manager. A licensed barbering manager or licensed cosmetology manager may only delegate supervisory authority to a licensed barber or licensed cosmetologist who has completed at least 2,000 hours of practice as a licensed barber or licensed cosmetologist.

(b) An apprentice in barbering shall be trained in all branches of practical work and in all subjects required to be taught in a school of barbering as prescribed by the department by rule.

(4) A person who successfully completes the requirements of sub. (2) may not continue to practice as an apprentice in barbering but may apply for a temporary permit under s. 454.23 (7).

454.265 Continuing education. (1) The department shall promulgate rules that establish continuing education requirements for licensed barbers.

(2) The rules under sub. (1) may not require any of the following:

(a) That a licensed barber complete more than 4 training hours of instruction in barbering every 2 years before the licensed barber has completed 8 years of practice as a licensed barber.

(b) That a licensed barber complete any continuing education requirements after the licensed barber has completed 8 years of practice as a licensed barber.

(c) That a licensed barber attend continuing education in a classroom or complete other on-site instruction or training as a part of the licensed barber's continuing education.

454.27 Licensees of other jurisdictions. (1) Upon application and payment of the fee specified in s. 440.05 (2), the department may grant a license to practice barbering or to practice as a barbering manager to an applicant who is licensed in another state or territory of the United States or in another country to perform services that are substantially the same as those performed by a licensed barber or licensed barbering manager in this state and to whom at least one of the following applies:

(a) The applicant has at least 4,000 hours of experience in licensed practice, has never been disciplined by the licensing authority of another jurisdiction, and is not a party to a proceeding before the licensing agency in which it is alleged that the applicant was negligent in the licensed practice or violated any law relating to the licensed practice.

(b) The applicant meets the requirements established in a reciprocal agreement under sub. (2) between the department and the licensing authority in the state where the applicant is licensed.

(2) The department may enter into a reciprocal agreement with the officials of another state for the licensing of barbers in this state and may grant a license to a person licensed in the other state according to the terms of that agreement.

454.28 Inspections. (1) The department shall appoint inspectors under the classified service to inspect licensed barbering establishments.

(2) An inspector appointed under sub. (1) may enter and inspect any licensed barbering establishment at any time during business hours.

454.285 Disclosure of temporary permit status. A person practicing under a temporary permit to practice barbering granted under s. 454.23 (7) shall, before performing any barbering services, inform the person receiving the barbering service that he or she is practicing under a temporary permit and that he or she has satisfied all requirements except passage of an examination for a barbering license.

454.287 Advisory committee. The secretary shall appoint an advisory committee under s. 440.042 to advise the department on matters relating to the regulation of barbers, barbering managers, and barbering establishments under this subchapter and the rules required under s. 440.62 (5) (b) 2.

454.29 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a person has violated this subchapter or any rule promulgated under this subchapter.

(2) Subject to the rules promulgated under s. 440.03 (1) and this subchapter, the department may revoke, limit, suspend, or refuse to issue or renew, in accordance with the severity of the violation, a license or temporary permit granted under this subchapter or reprimand the holder of a license or temporary permit granted under this subchapter if the department finds that the holder or applicant has done any of the following:

(a) Made a material misstatement in an application for a license, renewal of a license, or temporary permit.

(b) Failed to correct or take substantial steps approved by the department to correct a violation of any sanitary or other rule of the department within the time limit stated by the department in a notification of violation.

(c) Engaged in conduct in the practice of barbering that evidences a lack of knowledge or ability to apply professional principles or skills.

(d) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a felony committed while engaged in the practice of barbering.

(e) Continued practice while knowingly having an infectious, contagious, or communicable disease.

(f) Advertised in a manner that is false, deceptive, or misleading.

(g) Advertised, practiced, or attempted to practice under another's name or another's trade name.

(h) Subject to ss. 111.321, 111.322, and 111.34, been addicted to alcohol or other drugs to an extent related to the individual's ability to adequately undertake the job-related responsibilities of that individual's licensure.

(i) Violated this subchapter or any rule promulgated under this subchapter.

(3) The department may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a license or temporary permit, assess against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense. Each day of continued violation constitutes a separate offense.

454.295 Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter shall be fined not less than $100 nor more than $5,000 or imprisoned for not less than 10 days nor more than 90 days or both.

190,102 Section 102 . Nonstatutory provisions.

(1) Treatment of current licensed barbers or cosmetologists, managers, establishments, and schools of barbering or cosmetology and current certified barbering or cosmetology instructors.

(a) Definition. In this subsection, "department" means the department of safety and professional services.

(b) Barbers. Notwithstanding section 454.23 (1) and (2) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid barber or cosmetologist license granted by the barbering and cosmetology examining board, is considered to be a licensed barber, as defined in section 454.20 (7) of the statutes, as created by this act. The department shall issue a barber license to that person under section 454.23 (2) of the statutes, as created by this act, if the person notifies the department that the person intends to practice as a barber subject to subchapter II of chapter 454 of the statutes, as created by this act, and satisfies the applicable renewal requirements for a barber license under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

(c) Cosmetologists. Notwithstanding section 454.06 (1) and (2) of the statutes, as affected by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid barber or cosmetologist license granted by the barbering and cosmetology examining board, is considered to be a licensed cosmetologist, as defined in section 454.20 (10) of the statutes, as created by this act. The cosmetology examining board shall issue a cosmetologist license to that person under section 454.06 (2) of the statutes, as affected by this act, if the person notifies the cosmetology examining board that the person intends to practice as a cosmetologist subject to subchapter I of chapter 454 of the statutes, as created by this act, and satisfies the applicable renewal requirements for a cosmetologist license under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

(d) Barbering managers. Notwithstanding section 454.23 (1) and (3) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid manager license granted by the barbering and cosmetology examining board, is considered to be a licensed barbering manager, as defined in section 454.20 (9) of the statutes, as created by this act. The department shall issue a barbering manager license to that person under section 454.23 (3) of the statutes, as created by this act, if the person notifies the department that the person intends to practice as a barbering manager subject to subchapter II of chapter 454 of the statutes, as created by this act, and satisfies the applicable renewal requirements for a barbering manager license under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

(e) Cosmetology managers. Notwithstanding section 454.06 (1) and (3) of the statutes, as affected by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid manager license granted by the barbering and cosmetology examining board, is considered to be a licensed cosmetology manager, as defined in section 454.20 (12) of the statutes, as created by this act. The cosmetology examining board shall issue a cosmetology manager license to that person under section 454.06 (3) of the statutes, as affected by this act, if the person notifies the cosmetology examining board that the person intends to practice as a cosmetology manager subject to subchapter I of chapter 454 of the statutes, as created by this act, and satisfies the applicable renewal requirements for a cosmetology manager license under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

(f) Barbering establishments. Notwithstanding section 454.25 of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, an establishment, as defined under section 454.01 (10) of the statutes, that, immediately prior to the effective date of this paragraph, held a valid barbering or cosmetologist establishment license granted by the barbering and cosmetology examining board, is considered to be a licensed barbering establishment, as defined in section 454.20 (8) of the statutes, as created by this act. The department shall issue a barbering establishment license for that establishment under section 454.25 (2) of the statutes, as created by this act, if an authorized representative of the establishment notifies the department that the establishment will be maintained as a barbering establishment subject to subchapter II of chapter 454 of the statutes, as created by this act, and the applicable renewal requirements for a barbering establishment license under section 440.08 of the statutes, as affected by this act, are satisfied for the establishment before April 1, 2013.

(g) Cosmetology establishments. Notwithstanding section 454.08 of the statutes, as affected by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, an establishment, as defined under section 454.01 (10) of the statutes, as affected by this act, that, immediately prior to the effective date of this paragraph, held a valid barbering or cosmetologist establishment license granted by the barbering and cosmetology examining board, is considered to be a licensed cosmetology establishment, as defined in section 454.20 (11) of the statutes, as created by this act. The cosmetology examining board shall issue a cosmetology establishment license for that establishment under section 454.08 (2) (a) of the statutes, as affected by this act, if an authorized representative of the establishment notifies the cosmetology examining board that the establishment will be maintained as a cosmetology establishment subject to subchapter I of chapter 454 of the statutes, as created by this act, and the applicable renewal requirements for a cosmetology establishment license under section 440.08 of the statutes, as affected by this act, are satisfied for the establishment before April 1, 2013.

(h) Schools of barbering. Notwithstanding section 440.62 (3) (ag) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a school, as defined in section 440.60 (14) of the statutes, as affected by this act, that, immediately prior to the effective date of this paragraph, held a valid school of barbering or cosmetology license granted by the department, is considered to be a licensed school of barbering under subchapter VI of chapter 440 of the statutes, as affected by this act. The department shall issue a school of barbering license to that school under section 440.62 (3) (ag) of the statutes, as created by this act, if an authorized representative of the school notifies the department that the school will be maintained as a school of barbering subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and the applicable renewal requirements for a school of barbering license under section 440.08 of the statutes, as affected by this act, are satisfied for the school before April 1, 2013.

(i) Schools of cosmetology. Notwithstanding section 440.62 (3) (ar) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a school, as defined in section 440.60 (14) of the statutes, as affected by this act, that, immediately prior to the effective date of this paragraph, held a valid school of barbering or cosmetology license granted by the department is considered to be a licensed school of cosmetology under subchapter VI of chapter 440 of the statutes, as affected by this act. The department shall issue a school of barbering license to that school under section 440.62 (3) (ar) of the statutes, as created by this act, if an authorized representative of the school notifies the department that the school will be maintained as a school of cosmetology subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and the applicable renewal requirements for a school of cosmetology license under section 440.08 of the statutes, as affected by this act, are satisfied for the school before April 1, 2013.

(j) Barbering instructors. Notwithstanding section 440.63 (3) (a) of the statutes, as affected by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid barbering or cosmetology instructor certificate granted by the department, is considered to be a certified barbering instructor under subchapter VI of chapter 440 of the statutes, as affected by this act. The department shall issue a barbering instructor certificate to that person under section 440.63 (3) (a) of the statutes, as affected by this act, if the person notifies the department that the person intends to act as a barbering instructor subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and satisfies the applicable renewal requirements for a barbering instructor certificate under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

(k) Cosmetology instructors. Notwithstanding section 440.63 (3) (am) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid barbering or cosmetology instructor certificate granted by the department, is considered to be a certified cosmetology instructor under subchapter VI of chapter 440 of the statutes, as affected by this act. The department shall issue a cosmetology instructor certificate to that person under section 440.63 (3) (am) of the statutes, as created by this act, if the person notifies the department that the person intends to act as a cosmetology instructor subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and satisfies the applicable renewal requirements for a cosmetology instructor certificate under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

190,103 Section 103. Effective date.

(1) This act takes effect on July 1, 2012.