2011 WISCONSIN ACT 190
An Act to repeal 440.60 (3), 440.60 (9), 440.63 (1) (a) 1., 440.63 (1) (a) 2. and 454.01 (5) (b); to renumber and amend 440.08 (2) (a) 20., 440.60 (4), 440.60 (5), 440.60 (10), 440.62 (3) (a), 440.62 (5) (b), 440.63 (1) (a) (intro.), 454.01 (5) (c) and (d), 454.01 (6) and 454.01 (12); to consolidate, renumber and amend 454.01 (5) (intro.) and (a); to amend 15.405 (17), 106.52 (1) (e) 1., 440.03 (13) (b) 13., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.08 (2) (a) 16., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 19., 440.60 (14), 440.62 (1) (a), 440.62 (1) (c), 440.63 (1) (b), (c) and (d), 440.63 (3) (a) (intro.), 2. and 4., 440.635, 440.64 (1) (a), chapter 454 (title), 454.01 (intro.), 454.01 (10), 454.01 (11), 454.01 (15), 454.02 (1), 454.02 (2) (intro.), 454.02 (3) (intro.), 454.04 (1) (a), 454.04 (1) (b), 454.04 (1) (c), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (c), 454.04 (2) (d), 454.06 (2) (intro.), (b) and (c), 454.06 (3) (intro.), (a), (b) and (d), 454.06 (4) (b) 1. and 2., 454.06 (5) (b) 1. and 2., 454.06 (6) (b) 1. and 2., 454.06 (7), 454.06 (10) (a), 454.07 (1), 454.08 (1) (a), 454.08 (1) (b), 454.08 (2) (a), 454.08 (2) (b), 454.08 (2) (c), 454.08 (2) (d), 454.08 (5), 454.08 (6), 454.10 (2), 454.10 (3) (a), 454.12 (intro.), 454.13 (1) (intro.), 454.13 (2), 454.15 (1), 454.15 (2) (intro.), 454.15 (2) (a), 454.15 (2) (c), 454.15 (2) (d), 454.15 (2) (i) and 454.16; and to create 440.03 (13) (b) 19e., 440.03 (13) (b) 19m., 440.03 (13) (b) 19s., 440.08 (2) (a) 24b., 440.08 (2) (a) 24d., 440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a) 24k., 440.60 (5e), 440.60 (5m), 440.60 (5s), 440.62 (1) (cm), 440.62 (3) (ag), 440.62 (3) (ar) 4m., 440.62 (5) (b) 2., 440.63 (1) (am), 440.63 (3) (am), subchapter I (title) [precedes 454.01], 454.01 (7m) (intro.), (a) and (b), 454.01 (11m), 454.01 (15m), 454.04 (1m), 454.06 (8m), 454.15 (2) (j) and subchapter II of chapter 454 [precedes 454.20] of the statutes; relating to: separation of the licensing requirements for barbering and cosmetology, regulation of the practice of barbers and cosmetologists, granting rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
15.405 (17) Barbering and cosmetology Cosmetology examining board. There is created a barbering and cosmetology examining board in the department of safety and professional services. The barbering and cosmetology examining board shall consist of 9 members appointed for 4-year terms. Four members shall be licensed barbers, aestheticians, or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of barbering or cosmetology, one member shall be a representative of a public school of barbering or cosmetology and one member shall be a licensed electrologist. Except for the 2 members representing schools, no member may be connected with or have any financial interest in a barbering or cosmetology school.
190,2
Section
2. 106.52 (1) (e) 1. of the statutes is amended to read:
106.52 (1) (e) 1. "Public place of accommodation or amusement" shall be interpreted broadly to include, but not be limited to, places of business or recreation; lodging establishments; restaurants; taverns; barber or, cosmetologist, aesthetician, electrologist, or manicuring establishments; nursing homes; clinics; hospitals; cemeteries; and any place where accommodations, amusement, goods, or services are available either free or for a consideration, subject to subd. 2.
190,3
Section
3. 440.03 (13) (b) 13. of the statutes is amended to read:
440.03 (13) (b) 13. Barber or cosmetologist.
190,4
Section
4. 440.03 (13) (b) 14. of the statutes is amended to read:
440.03 (13) (b) 14. Barbering or cosmetology instructor.
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Section
5. 440.03 (13) (b) 15. of the statutes is amended to read:
440.03 (13) (b) 15. Barbering or cosmetology manager.
190,6
Section
6. 440.03 (13) (b) 19e. of the statutes is created to read:
440.03 (13) (b) 19e. Cosmetologist.
190,7
Section
7. 440.03 (13) (b) 19m. of the statutes is created to read:
440.03 (13) (b) 19m. Cosmetology instructor.
190,8
Section
8. 440.03 (13) (b) 19s. of the statutes is created to read:
440.03 (13) (b) 19s. Cosmetology manager.
190,9
Section
9. 440.08 (2) (a) 16. of the statutes is amended to read:
440.08 (2) (a) 16. Barbering or cosmetology establishment: April 1 of each odd-numbered year.
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Section
10. 440.08 (2) (a) 17. of the statutes is amended to read:
440.08 (2) (a) 17. Barbering or cosmetology instructor: April 1 of each odd-numbered year.
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Section
11. 440.08 (2) (a) 18. of the statutes is amended to read:
440.08 (2) (a) 18. Barbering or cosmetology manager: April 1 of each odd-numbered year.
190,12
Section
12. 440.08 (2) (a) 19. of the statutes is amended to read:
440.08 (2) (a) 19. Barbering or cosmetology school: April 1 of each odd-numbered year.
190,13
Section
13. 440.08 (2) (a) 20. of the statutes is renumbered 440.08 (2) (a) 15m. and amended to read:
440.08 (2) (a) 15m. Barber or cosmetologist: April 1 of each odd-numbered year.
190,14
Section
14. 440.08 (2) (a) 24b. of the statutes is created to read:
440.08 (2) (a) 24b. Cosmetologist: April 1 of each odd-numbered year.
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Section
15. 440.08 (2) (a) 24d. of the statutes is created to read:
440.08 (2) (a) 24d. Cosmetology establishment: April 1 of each odd-numbered year.
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Section
16. 440.08 (2) (a) 24g. of the statutes is created to read:
440.08 (2) (a) 24g. Cosmetology instructor: April 1 of each odd-numbered year.
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Section
17. 440.08 (2) (a) 24i. of the statutes is created to read:
440.08 (2) (a) 24i. Cosmetology manager: April 1 of each odd-numbered year.
190,18
Section
18. 440.08 (2) (a) 24k. of the statutes is created to read:
440.08 (2) (a) 24k. Cosmetology school: April 1 of each odd-numbered year.
190,19
Section
19. 440.60 (3) of the statutes is repealed.
190,20
Section
20. 440.60 (4) of the statutes is renumbered 440.60 (4m) and amended to read:
440.60 (4m) "Barbering or cosmetology" has the meaning specified in s. 454.01 (5) 454.20 (2).
190,21
Section
21. 440.60 (5) of the statutes is renumbered 440.60 (4e) and amended to read:
440.60 (4e) "Barber or cosmetologist" has the meaning specified in s. 454.01 (6) 454.20 (1).
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Section
22. 440.60 (5e) of the statutes is created to read:
440.60 (5e) "Cosmetologist" has the meaning specified in s. 454.01 (7e).
190,23
Section
23. 440.60 (5m) of the statutes is created to read:
440.60 (5m) "Cosmetology" has the meaning specified in s. 454.01 (7m).
190,24
Section
24. 440.60 (5s) of the statutes is created to read:
440.60 (5s) "Cosmetology manager" has the meaning specified in s. 454.01 (7s).
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Section
25. 440.60 (9) of the statutes is repealed.
190,26
Section
26. 440.60 (10) of the statutes is renumbered 440.60 (4s) and amended to read:
440.60 (4s) "Manager Barbering manager" has the meaning specified in s. 454.01 (12) 454.20 (3).
190,27
Section
27. 440.60 (14) of the statutes is amended to read:
440.60 (14) "School" means any facility, other than a specialty school, that offers instruction in barbering or
, cosmetology, aesthetics, electrology, or manicuring.
190,28
Section
28. 440.62 (1) (a) of the statutes is amended to read:
440.62 (1) (a) No person may operate a school unless the school holds a current license as a school of barbering or, cosmetology, aesthetics, electrology
, or manicuring, as appropriate, issued by the department.
190,29
Section
29. 440.62 (1) (c) of the statutes is amended to read:
440.62 (1) (c) No school may use the title "school of barbering or cosmetology" or any similar title unless the school holds a current school of barbering or cosmetology license issued by the department.
190,30
Section
30. 440.62 (1) (cm) of the statutes is created to read:
440.62 (1) (cm) No school may use the title "school of cosmetology" or any similar title unless the school holds a current school of cosmetology license issued by the department.
190,31
Section
31. 440.62 (3) (a) of the statutes is renumbered 440.62 (3) (ar), and 440.62 (3) (ar) (intro.), 2., 3., 4. and 8. of the statutes, as renumbered, are amended to read:
440.62 (3) (ar) School of barbering or cosmetology license. (intro.) The department shall issue a school of barbering or cosmetology license to each school that meets all of the following requirements:
2. Requires as a prerequisite to graduation completion of a course of instruction in barbering or cosmetology of at least 1,800 training hours in not less than 10 months. The course of instruction may not exceed 8 training hours in any one day for any student or 48 hours in any one week for any student.
3. If the school offers a course of theoretical instruction for cosmetology managers, requires as a prerequisite to completion of the that course of instruction for managers the completion of at least 150 training hours of theoretical instruction.
4. If the school offers a course of theoretical instruction for apprentices under s. 454.10, requires as a prerequisite to completion of the course of instruction for those apprentices the completion of at least 288 training hours in not less than 9 weeks and not more than 2 years.
8. Satisfies the requirements for schools of barbering or cosmetology established in rules promulgated under subs. (2) (e) and (5) (b) 1. and s. 440.64 (1) (b).
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Section
32. 440.62 (3) (ag) of the statutes is created to read:
440.62 (3) (ag) School of barbering. The department shall issue a school of barbering license to each school that meets all of the following requirements:
1. Satisfies the conditions in sub. (2).
2. Requires as a prerequisite to graduation completion of a course of instruction in barbering of at least 1,000 training hours in not less than 10 months. The course of instruction may not exceed 8 training hours in any one day for any student or 48 hours in any one week for any student.
3. If the school offers a course of theoretical instruction for barbering managers, requires as a prerequisite to completion of that course of instruction the completion of at least 150 training hours of theoretical instruction.
4. If the school offers a course of theoretical instruction for apprentices under s. 454.26, requires as a prerequisite to completion of the course of instruction for those apprentices the completion of at least 288 training hours in not less than 9 weeks and not more than 2 years.
5. Satisfies the requirements for schools of barbering established in rules promulgated under subs. (2) (e) and (5) (b) 2. and s. 440.64 (1) (b).
190,33
Section
33. 440.62 (3) (ar) 4m. of the statutes is created to read:
440.62 (3) (ar) 4m. If the school offers a course of instruction in barbering, the course of instruction satisfies the requirements under par. (ag) 2.
190,34
Section
34. 440.62 (5) (b) of the statutes is renumbered 440.62 (5) (b) 1. and amended to read:
440.62 (5) (b) 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.
190,35
Section
35. 440.62 (5) (b) 2. of the statutes is created to read:
440.62 (5) (b) 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.
190,36
Section
36. 440.63 (1) (a) (intro.) of the statutes is renumbered 440.63 (1) (a) and amended to read:
440.63 (1) (a) No person may provide practical instruction in barbering or cosmetology in a school of barbering or cosmetology unless the person holds a current barbering instructor or cosmetology instructor certificate issued by the department, except as follows:
.
190,37
Section
37. 440.63 (1) (a) 1. of the statutes is repealed.
