SB489-SSA1,21,1411
(c) The examining board may remove the inactive classification of an inactive
12license if the person who holds that inactive license applies to the examining board
13to remove the inactive classification and the person meets any additional
14requirements of the examining board.
SB489-SSA1,21,1715
(d) A person may perform work that is included in the practice for which that
16person holds an inactive license if that work is minimal, as determined by the
17examining board by rule.
SB489-SSA1,21,2219
454.06
(10) (a) The examining board may issue a temporary permit to practice
20as a
barber or cosmetologist without examination if the applicant meets all of the
21requirements of sub. (2) for licensure except passage of an examination and if the
22applicant is scheduled to take the examination for licensure.
SB489-SSA1,22,224
454.07
(1) The examining board shall, in accordance with s. 440.07 (2), conduct
25examinations for
barber or cosmetologist,
cosmetology manager, aesthetician,
1electrologist
, and manicurist licenses not less than 8 times annually, at times and
2places determined by the examining board.
SB489-SSA1,22,94
454.08
(1) (a) The examining board may promulgate rules permitting the
5provision of personal care
barbering or cosmetology, aesthetics, electrology
, or
6manicuring services outside of licensed establishments by
barbers or cosmetologists,
7aestheticians, electrologists
, and manicurists to persons who are unable to leave
8their homes because of illness or disability or who are in hospitals, nursing homes,
9correctional institutions
, or other institutions.
SB489-SSA1,22,1411
454.08
(1) (b) Except as permitted by rule promulgated under par. (a), no
12person may practice
barbering or cosmetology, aesthetics, electrology
, or manicuring
13in an establishment unless the establishment is licensed to provide that practice
14under sub. (2).
SB489-SSA1,22,1816
454.08
(2) (a) A
barber or cosmetologist cosmetology establishment license
17which that authorizes the practice of barbering
or, cosmetology, aesthetics,
18electrology
, and manicuring in the licensed establishment.
SB489-SSA1,22,2120
454.08
(2) (b) An
aesthetician aesthetics establishment license
which that 21authorizes the practice of aesthetics in the licensed establishment.
SB489-SSA1,22,2423
454.08
(2) (c) An
electrologist electrology establishment license
which that 24authorizes the practice of electrology in the licensed establishment.
SB489-SSA1,23,2
1454.08
(2) (d) A
manicurist
manicuring establishment license
which that 2authorizes the practice of manicuring in the licensed establishment.
SB489-SSA1,23,64
454.08
(5) A person who is not licensed under s. 454.06 by the examining board
5may own or operate an establishment, but may not practice barbering
or, 6cosmetology, aesthetics, electrology
, or manicuring.
SB489-SSA1,23,138
454.08
(6) A person who owns
one or more barber or cosmetologist 9establishments a cosmetology establishment shall employ at least one person as a
10manager who holds a
cosmetology manager license and
works full time in the
11establishments manages the establishment on a full-time basis. The cosmetology
12manager shall ensure that the establishment operates in compliance with this
13subchapter and rules promulgated by the examining board.
SB489-SSA1,23,2015
454.10
(2) Apprentices shall receive at least 3,712 hours of practical training
16and at least 288 training hours of
theoretical instruction
in theory in a school of
17barbering or cosmetology in order to complete the apprenticeship program and be
18eligible to take the examination for a
barber or cosmetologist license. Apprentices
19shall receive training for a total of at least 32 hours per week. The training shall be
20completed in not less than 2 years and not more than 4 years.
SB489-SSA1,24,422
454.10
(3) (a) No apprentice
under this section may practice
barbering or
23cosmetology except under the supervision of a licensed
cosmetology manager
, whose
24cosmetology license is not an inactive license, or under the supervision of a licensed
25barber or cosmetologist
, whose cosmetology license is not an inactive license, and to
1whom supervisory authority has been delegated by a licensed
cosmetology manager.
2A licensed
cosmetology manager may only delegate supervisory authority to a
3licensed
barber or cosmetologist who has completed at least 2,000 hours of practice
4as a licensed
barber or cosmetologist.
SB489-SSA1,24,8
6454.12 Continuing education. (intro.) The examining board may impose
7continuing education requirements on
licensees a person who holds a license under
8this subchapter that is not an inactive license either:
SB489-SSA1, s. 91
9Section
91. 454.13 (1) (intro.) of the statutes is amended to read:
SB489-SSA1,24,1610
454.13
(1) (intro.) Upon application and payment of the fee specified in s.
11440.05 (2), the examining board may issue a license to practice
barbering or 12cosmetology, aesthetics, electrology
, or manicuring or to practice as a
cosmetology 13manager to an applicant who is licensed in another state or territory of the United
14States or in another country to perform services
which
that are substantially the
15same as those performed by licensees in this state and to whom either of the following
16applies:
SB489-SSA1,24,2118
454.13
(2) The examining board may enter into reciprocal agreements with
19officials of other states for licensing
barbers or cosmetologists, aestheticians,
20electrologists, manicurists
, and
cosmetology managers and grant licenses to persons
21licensed in other states according to the terms of such an agreement.
SB489-SSA1,25,223
454.15
(1) Subject to the rules promulgated under s. 440.03 (1), the examining
24board may make investigations or conduct hearings to determine whether a person
1has violated this
chapter subchapter or any rule promulgated under this
chapter 2subchapter.
SB489-SSA1, s. 94
3Section
94. 454.15 (2) (intro.) of the statutes is amended to read:
SB489-SSA1,25,94
454.15
(2) (intro.) Subject to the rules promulgated under s. 440.03 (1) and this
5chapter subchapter, the examining board may revoke, limit, suspend
, or refuse to
6issue or renew, in accordance with the severity of the violation, a license or permit
7issued under this
chapter subchapter or reprimand the holder of a license or permit
8issued under this
chapter subchapter if it finds that the holder or applicant has done
9any of the following:
SB489-SSA1,25,1211
454.15
(2) (a) Made a material misstatement in an application for license or
12permit or renewal
, or in an application to classify a license as an inactive license.
SB489-SSA1,25,1614
454.15
(2) (c) Engaged in conduct in the practice of barbering
or, cosmetology,
15aesthetics, electrology
, or manicuring
which that evidences a lack of knowledge or
16ability to apply professional principles or skills.
SB489-SSA1,25,2018
454.15
(2) (d) Subject to ss. 111.321, 111.322
, and 111.335, been convicted of a
19felony committed while engaged in the practice of barbering
or, cosmetology,
20aesthetics, electrology
, or manicuring.
SB489-SSA1,25,2322
454.15
(2) (i) Violated this
chapter
subchapter or any rule promulgated under
23this
chapter subchapter.
SB489-SSA1,25,2525
454.15
(2) (j) Violated subch. II or any rule promulgated under subch. II.
SB489-SSA1,26,5
2454.16 Penalties. Any person who violates this
chapter subchapter or any
3rule promulgated under this
chapter subchapter shall be fined not less than $100 nor
4more than $5,000 or imprisoned for not less than 10 days nor more than 90 days or
5both.
SB489-SSA1, s. 101
6Section
101. Subchapter II of chapter 454 [precedes 454.20] of the statutes is
7created to read:
SB489-SSA1,26,109
subchapter II
10
barbering
SB489-SSA1,26,11
11454.20 Definitions. In this subchapter:
SB489-SSA1,26,12
12(1) "Barber" means a person who practices barbering.
SB489-SSA1,26,18
13(2) "Barbering" means, for compensation, arranging, styling, dressing,
14shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waving, cutting,
15shaving, trimming, relaxing, singeing, or performing similar work upon the hair of
16the head, neck, or face of any person by any means. "Barbering" does not include the
17removal of a person's hair at the root or the application of temporary or permanent
18eyelash extensions to the eyelashes of a person.
SB489-SSA1,26,20
19(3) "Barbering manager" means a person who practices barbering and who is
20responsible for managing the operation of a barbering establishment.
SB489-SSA1,26,21
21(5) "Cosmetology" has the meaning given in s. 454.01 (7m).
SB489-SSA1,26,22
22(6) "Establishment" has the meaning given in s. 454.01 (10).
SB489-SSA1,26,24
23(7) "Licensed barber" means a person licensed by the department under s.
24454.23 (2) whose license is not an inactive license under s. 454.23 (6).
SB489-SSA1,27,2
1(8) "Licensed barbering establishment" means an establishment licensed by
2the department under s. 454.25 (2).
SB489-SSA1,27,4
3(9) "Licensed barbering manager" means a person licensed by the department
4under s. 454.23 (3) whose license is not an inactive license under s. 454.23 (6).
SB489-SSA1,27,7
5(10) "Licensed cosmetologist" means a person licensed by the cosmetology
6examining board under s. 454.06 (2) whose license is not an inactive license under
7s. 454.06 (8m).
SB489-SSA1,27,9
8(11) "Licensed cosmetology establishment" means an establishment licensed
9by the cosmetology examining board under s. 454.08 (2) (a).
SB489-SSA1,27,12
10(12) "Licensed cosmetology manager" means a person licensed by the
11cosmetology examining board under s. 454.06 (3) whose license is not an inactive
12license under s. 454.06 (8m).
SB489-SSA1,27,13
13(13) "Student" has the meaning given in s. 454.01 (15).
SB489-SSA1,27,14
14(14) "Training hour" has the meaning given in s. 454.01 (16).
SB489-SSA1,27,16
15454.21 Limitations and exceptions. Barbering does not include any of the
16following:
SB489-SSA1,27,1917
(a) A service performed by a person licensed, certified, or registered under the
18laws of this state as a physician, physician assistant, nurse, or funeral director if the
19service is within the scope of the license, certificate, or registration.
SB489-SSA1,27,2220
(b) A service performed in a correctional institution, hospital, or licensed
21nursing home under the supervision of a person responsible for inmate or patient
22care.
SB489-SSA1,27,24
23454.22 Practice. (1) No person may engage in barbering unless the person
24is one of the following:
SB489-SSA1,27,2525
(a) A licensed barber.
SB489-SSA1,28,1
1(b) A licensed barbering manager.
SB489-SSA1,28,22
(c) An apprentice in barbering under s. 454.26.
SB489-SSA1,28,33
(d) A student in a barbering course of instruction.
SB489-SSA1,28,54
(e) A person who holds a temporary permit to practice barbering granted by the
5department under s. 454.23 (7).
SB489-SSA1,28,66
(f) A licensed cosmetologist.
SB489-SSA1,28,77
(g) A licensed cosmetology manager.
SB489-SSA1,28,88
(h) An apprentice in cosmetology under s. 454.10.
SB489-SSA1,28,99
(g) A student in a cosmetology course of instruction.
SB489-SSA1,28,1110
(h) A person who holds a temporary permit to practice cosmetology granted by
11the cosmetology examining board under s. 454.06 (10).
SB489-SSA1,28,14
12(2) No person may use the title "barber" or "hairstylist" or any other similar
13title unless the person is a licensed barber, licensed barbering manager, licensed
14cosmetologist, or licensed cosmetology manager.
SB489-SSA1,28,17
15454.23 Licensure. (1) Application. An applicant for licensure under this
16section shall submit an application to the department on a form prescribed by the
17department.
SB489-SSA1,28,20
18(2) Barber license. The department shall grant a barber license to any person
19who submits an application under sub. (1) and satisfies all of the following
20conditions:
SB489-SSA1,28,2221
(a) The applicant pays the initial credential fee determined by the department
22under s. 440.03 (9) (a), except as provided in s. 454.27 (1).
SB489-SSA1,28,2523
(b) Subject to ss. 111.321, 111.322, and 111.335, the applicant presents evidence
24satisfactory to the department that the applicant has not been convicted of a felony
25committed while engaged in the practice of barbering.
SB489-SSA1,29,4
1(c) The applicant graduates from high school or attains high school graduation
2equivalency as determined by the department of public instruction; is participating
3in a program approved by the department; or is at least 18 years old and meets the
4ability to benefit rule under
20 USC 1091 (d).
SB489-SSA1,29,95
(d) The applicant graduates from a course of instruction in barbering of at least
61,000 training hours in barbering in not less than 10 months in a school of barbering
7licensed under s. 440.62 (3) (ag), a school of cosmetology licensed under s. 440.62 (3)
8(ar),
or a school that is exempted under s. 440.61 or the applicant successfully
9completes an apprenticeship under s. 454.26.
SB489-SSA1,29,1110
(e) The applicant passes an examination conducted by the department to
11determine fitness to practice barbering.