2011 Wisconsin Act 190

190,52 Section 52. 454.01 (7m) (intro.), (a) and (b) of the statutes are created to read:

454.01 (7m) (intro.) "Cosmetology" means, for compensation, performing one or more of the following:

(a) Barbering.

(b) Aesthetics.

190,53 Section 53. 454.01 (10) of the statutes is amended to read:

454.01 (10) "Establishment" means any place in which barbering or, cosmetology, aesthetics, electrology, or manicuring is performed.

190,54 Section 54. 454.01 (11) of the statutes is amended to read:

454.01 (11) "Examining board" means the barbering and cosmetology examining board.

190,55 Section 55. 454.01 (11m) of the statutes is created to read:

454.01 (11m) "Inactive license" means a license issued under s. 454.06 (2) to (6) that is classified as inactive by the examining board under s. 454.06 (8m).

190,56 Section 56. 454.01 (12) of the statutes is renumbered 454.01 (7s) and amended to read:

454.01 (7s) "Manager Cosmetology manager" means a person who practices barbering or cosmetology and who is responsible for supervising and managing the operation of an establishment and ensuring that the establishment operates in compliance with this chapter and rules promulgated by the examining board.

190,57 Section 57. 454.01 (15) of the statutes is amended to read:

454.01 (15) "Student" means a person who is not licensed to practice barbering or cosmetology and who is engaged in learning the and not licensed to practice of barbering or, cosmetology, aesthetics, electrology, or manicuring at a school licensed under s. 440.62 (3) or exempted under s. 440.61 or a specialty school licensed under s. 440.62 (4).

190,58 Section 58. 454.01 (15m) of the statutes is created to read:

454.01 (15m) "Theoretical instruction" has the meaning given in s. 440.60 (17).

190,59 Section 59. 454.02 (1) of the statutes is amended to read:

454.02 (1) Licenses A license to practice barbering or cosmetology do does not confer the right to diagnose, prescribe for, or treat diseases or conditions except as indicated in the definition of barbering or cosmetology in s. 454.01 (5) (7m) or under the direction of a licensed and practicing physician.

190,60 Section 60. 454.02 (2) (intro.) of the statutes is amended to read:

454.02 (2) (intro.) Barbering or cosmetology Cosmetology, aesthetics, electrology, and manicuring do not include any of the following:

190,61 Section 61. 454.02 (3) (intro.) of the statutes is amended to read:

454.02 (3) (intro.) Barbering or cosmetology Cosmetology, aesthetics, and manicuring do not include any of the following:

190,62 Section 62. 454.04 (1) (a) of the statutes is amended to read:

454.04 (1) (a) Except as permitted under pars. (b) and (d), sub. (1m), and subch. II, no person may engage in barbering or cosmetology unless the person has received training in the areas of service provided and holds a current barber or cosmetologist license, or cosmetology manager license or issued by the examining board that is not an inactive license or temporary permit issued by the examining board or is an apprentice under s. 454.10 or a student in a barbering or cosmetology course of instruction.

190,63 Section 63. 454.04 (1) (b) of the statutes is amended to read:

454.04 (1) (b) No person may engage in aesthetics unless the person has received training in the areas of service provided and holds a current aesthetician license, barber or cosmetologist license, or cosmetology manager license, issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is an apprentice under s. 454.10 or a student in an aesthetics or barbering or cosmetology course of instruction.

190,64 Section 64. 454.04 (1) (c) of the statutes is amended to read:

454.04 (1) (c) No person may engage in electrology unless the person holds a current electrologist license, issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is a student in an electrology course of instruction.

190,65 Section 65. 454.04 (1) (d) of the statutes is amended to read:

454.04 (1) (d) No person may engage in manicuring unless the person has received training in the areas of service provided and holds a current manicurist license, barber or cosmetologist license, or cosmetology manager license, issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is an apprentice under s. 454.10 or a student in a manicuring or barbering or cosmetology course of instruction.

190,66 Section 66. 454.04 (1m) of the statutes is created to read:

454.04 (1m) No license is required under this subchapter for the use of thread to remove hair from the eyebrow, upper lip, or other area of the face of a person.

190,67 Section 67. 454.04 (2) (a) of the statutes is amended to read:

454.04 (2) (a) No person may use the title "barber cosmetologist", "barber", "cosmetologist" or "hairstylist" or any other similar title unless the person holds a current barber or cosmetologist license or cosmetology manager license issued by the examining board that is not an inactive license.

190,68 Section 68. 454.04 (2) (b) of the statutes is amended to read:

454.04 (2) (b) No person may use the title "aesthetician" or any other similar title unless the person holds a current aesthetician license, barber or cosmetologist license, or cosmetology manager license issued by the examining board that is not an inactive license.

190,69 Section 69. 454.04 (2) (c) of the statutes is amended to read:

454.04 (2) (c) No person may use the title "electrologist" or any other similar title unless the person holds a current electrologist license issued by the examining board that is not an inactive license.

190,70 Section 70. 454.04 (2) (d) of the statutes is amended to read:

454.04 (2) (d) No person may use the title "manicurist" or any other similar title unless the person holds a current manicurist license, barber or cosmetologist license, or cosmetology manager license issued by the examining board that is not an inactive license.

190,71 Section 71. 454.06 (2) (intro.), (b) and (c) of the statutes are amended to read:

454.06 (2) Barber or cosmetologist Cosmetologist license. (intro.) The examining board shall issue a barber or cosmetologist license to any person who does all of the following:

(b) Graduates from a course of instruction of at least 1,800 training hours in not less than 10 months in a school of barbering or cosmetology licensed under s. 440.62 (3) (a) (ar) or exempted under s. 440.61 or has successfully completed an apprenticeship under s. 454.10.

(c) Passes an examination conducted by the examining board to determine fitness to practice barbering or cosmetology.

190,72 Section 72. 454.06 (3) (intro.), (a), (b) and (d) of the statutes are amended to read:

454.06 (3) Manager Cosmetology manager license. (intro.) The examining board shall issue a cosmetology manager license to any person who does all of the following:

(a) Holds a barber or cosmetologist license.

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

(d) Passes an examination conducted by the examining board to determine fitness to practice as a cosmetology manager.

190,73 Section 73. 454.06 (4) (b) 1. and 2. of the statutes are amended to read:

454.06 (4) (b) 1. A course of instruction in aesthetics of at least 450 training hours in not less than 11 weeks and not more than 30 weeks, in a school of barbering or cosmetology or a school of aesthetics licensed under s. 440.62 (3) (a) (ar) or (b) or exempted under s. 440.61.

2. At least 450 training hours of training in not less than 11 weeks and not more than 30 weeks under the supervision of a barber or cosmetologist cosmetology instructor or aesthetics instructor certified under s. 440.63 (3) (a) (am) or (b) or a licensed cosmetology manager, in a licensed establishment that is also licensed as a specialty school of aesthetics under s. 440.62 (4) (a).

190,74 Section 74. 454.06 (5) (b) 1. and 2. of the statutes are amended to read:

454.06 (5) (b) 1. A course of instruction in electrology of at least 450 training hours in not less than 11 weeks and not more than 30 weeks, in a school of barbering or cosmetology, or a school of electrology licensed under s. 440.62 (3) (a) (ar) or (c) or exempted under s. 440.61.

2. At least 450 training hours of training in not less than 11 weeks and not more than 30 weeks under the supervision of an electrology instructor certified under s. 440.63 (3) (c), or a licensed electrologist who is also a licensed cosmetology manager, in a licensed establishment that is also licensed as a specialty school of electrology under s. 440.62 (4) (b).

190,75 Section 75. 454.06 (6) (b) 1. and 2. of the statutes are amended to read:

454.06 (6) (b) 1. A course of instruction in manicuring of at least 300 training hours in not less than 7 weeks and not more than 20 weeks, in a school of barbering or cosmetology or a school of manicuring licensed under s. 440.62 (3) (a) (ar) or (d) or exempted under s. 440.61.

2. At least 300 training hours of training in not less than 7 weeks and not more than 20 weeks under the supervision of a barber or cosmetologist cosmetology instructor or manicuring instructor certified under s. 440.63 (3) (a) (am) or (d) or a licensed cosmetology manager, in a licensed establishment that is also licensed as a specialty school of manicuring under s. 440.62 (4) (c).

190,76 Section 76. 454.06 (7) of the statutes is amended to read:

454.06 (7) Posting of license certificates. The examining board shall furnish a certificate to each licensee, certifying that the holder is licensed to practice barbering or cosmetology, aesthetics, electrology , or manicuring or is a licensed cosmetology manager. The licensee shall post the certificate in a conspicuous place in the licensed establishment. A licensee who holds an inactive license may not post a certificate for that inactive license.

190,77 Section 77. 454.06 (8m) of the statutes is created to read:

454.06 (8m) Inactive licenses. (a) Any person who has been issued a license under subs. (2) to (6) may apply to the examining board to classify that license as inactive. Upon application under this paragraph, the examining board may classify a license as inactive if the examining board determines that the person who holds that license is in good standing with the examining board and intends to refrain from the practice that is authorized under the license during the period that the license is an inactive license.

(b) An inactive license is subject to sub. (8), 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 examining board may remove the inactive classification of an inactive license if the person who holds that inactive license applies to the examining board to remove the inactive classification and the person meets any additional requirements of the examining board.

(d) A person may perform work that is included in the practice for which that person holds an inactive license if that work is minimal, as determined by the examining board by rule.

190,78 Section 78. 454.06 (10) (a) of the statutes is amended to read:

454.06 (10) (a) The examining board may issue a temporary permit to practice as a barber or cosmetologist without examination if the applicant meets all of the requirements of sub. (2) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure.

190,79 Section 79. 454.07 (1) of the statutes is amended to read:

454.07 (1) The examining board shall, in accordance with s. 440.07 (2), conduct examinations for barber or cosmetologist, cosmetology manager, aesthetician, electrologist, and manicurist licenses not less than 8 times annually, at times and places determined by the examining board.

190,80 Section 80. 454.08 (1) (a) of the statutes is amended to read:

454.08 (1) (a) The examining board may promulgate rules permitting the provision of personal care barbering or cosmetology, aesthetics, electrology, or manicuring services outside of licensed establishments by barbers or cosmetologists, aestheticians, electrologists, and manicurists to persons who are unable to leave their homes because of illness or disability or who are in hospitals, nursing homes, correctional institutions, or other institutions.

190,81 Section 81. 454.08 (1) (b) of the statutes is amended to read:

454.08 (1) (b) Except as permitted by rule promulgated under par. (a), no person may practice barbering or cosmetology, aesthetics, electrology, or manicuring in an establishment unless the establishment is licensed to provide that practice under sub. (2).

190,82 Section 82. 454.08 (2) (a) of the statutes is amended to read:

454.08 (2) (a) A barber or cosmetologist cosmetology establishment license which that authorizes the practice of barbering or, cosmetology, aesthetics, electrology, and manicuring in the licensed establishment.

190,83 Section 83. 454.08 (2) (b) of the statutes is amended to read:

454.08 (2) (b) An aesthetician aesthetics establishment license which that authorizes the practice of aesthetics in the licensed establishment.

190,84 Section 84. 454.08 (2) (c) of the statutes is amended to read:

454.08 (2) (c) An electrologist electrology establishment license which that authorizes the practice of electrology in the licensed establishment.

190,85 Section 85. 454.08 (2) (d) of the statutes is amended to read:

454.08 (2) (d) A manicurist manicuring establishment license which that authorizes the practice of manicuring in the licensed establishment.

190,86 Section 86. 454.08 (5) of the statutes is amended to read:

454.08 (5) A person who is not licensed under s. 454.06 by the examining board may own or operate an establishment, but may not practice barbering or, cosmetology, aesthetics, electrology, or manicuring.

190,87 Section 87. 454.08 (6) of the statutes is amended to read:

454.08 (6) A person who owns one or more barber or cosmetologist establishments a cosmetology establishment shall employ at least one person as a manager who holds a cosmetology manager license and works full time in the establishments manages the establishment on a full-time basis. The cosmetology manager shall ensure that the establishment operates in compliance with this subchapter and rules promulgated by the examining board.

190,88 Section 88. 454.10 (2) of the statutes is amended to read: