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2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 489
March 2, 2012 - Offered by Committee on Financial Institutions and Rural
Issues.
SB489-SSA1,2,14
1An Act to repeal 440.60 (3), 440.60 (9), 440.63 (1) (a) 1., 440.63 (1) (a) 2. and
2454.01 (5) (b);
to renumber and amend 440.08 (2) (a) 20., 440.60 (4), 440.60
3(5), 440.60 (10), 440.62 (3) (a), 440.62 (5) (b), 440.63 (1) (a) (intro.), 454.01 (5)
4(c) and (d), 454.01 (6) and 454.01 (12);
to consolidate, renumber and amend
5454.01 (5) (intro.) and (a);
to amend 15.405 (17), 106.52 (1) (e) 1., 440.03 (13)
6(b) 13., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.08 (2) (a) 16., 440.08 (2) (a)
717., 440.08 (2) (a) 18., 440.08 (2) (a) 19., 440.60 (14), 440.62 (1) (a), 440.62 (1)
8(c), 440.63 (1) (b), (c) and (d), 440.63 (3) (a) (intro.), 2. and 4., 440.635, 440.64
9(1) (a), chapter 454 (title), 454.01 (intro.), 454.01 (10), 454.01 (11), 454.01 (15),
10454.02 (1), 454.02 (2) (intro.), 454.02 (3) (intro.), 454.04 (1) (a), 454.04 (1) (b),
11454.04 (1) (c), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (c), 454.04
12(2) (d), 454.06 (2) (intro.), (b) and (c), 454.06 (3) (intro.), (a), (b) and (d), 454.06
13(4) (b) 1. and 2., 454.06 (5) (b) 1. and 2., 454.06 (6) (b) 1. and 2., 454.06 (7), 454.06
1(10) (a), 454.07 (1), 454.08 (1) (a), 454.08 (1) (b), 454.08 (2) (a), 454.08 (2) (b),
2454.08 (2) (c), 454.08 (2) (d), 454.08 (5), 454.08 (6), 454.10 (2), 454.10 (3) (a),
3454.12 (intro.), 454.13 (1) (intro.), 454.13 (2), 454.15 (1), 454.15 (2) (intro.),
4454.15 (2) (a), 454.15 (2) (c), 454.15 (2) (d), 454.15 (2) (i) and 454.16; and
to
5create 440.03 (13) (b) 19e., 440.03 (13) (b) 19m., 440.03 (13) (b) 19s., 440.08 (2)
6(a) 24b., 440.08 (2) (a) 24d., 440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a)
724k., 440.60 (5e), 440.60 (5m), 440.60 (5s), 440.62 (1) (cm), 440.62 (3) (ag),
8440.62 (3) (ar) 4m., 440.62 (5) (b) 2., 440.63 (1) (am), 440.63 (3) (am), subchapter
9I (title) [precedes 454.01], 454.01 (7m) (intro.), (a) and (b), 454.01 (11m), 454.01
10(15m), 454.04 (1m), 454.06 (8m), 454.15 (2) (j) and subchapter II of chapter 454
11[precedes 454.20] of the statutes;
relating to: separation of the licensing
12requirements for barbering and cosmetology, regulation of the practice of
13barbers and cosmetologists, granting rule-making authority, and providing a
14penalty.
Analysis by the Legislative Reference Bureau
Barbering and cosmetology licensing
Under current law, the Barbering and Cosmetology Examining Board (board)
regulates the practices in this state of barbers and cosmetologists, aesthetists,
manicurists, electrologists, managers of establishments where any of those practices
are performed, and the establishments themselves. The board issues one license
that covers the practice of barbers and cosmetologists (barbering and cosmetology
license). The board also issues one manager license, which requires as a prerequisite
that the person holds a barbering and cosmetology license, and one license for a
barbering and cosmetology establishment. The board issues separate licenses for
aesthetists, manicurists, and electrologists, defined below.
This substitute amendment establishes licensure requirements related to
barbering that are independent of the requirements related to cosmetology, renames
the board the Cosmetology Examining Board, and places the regulation of barbering
in this state directly under the Department of Safety and Professional Services
(DSPS), which is required under the substitute amendment to appoint an advisory
committee to assist DSPS in that regulation. Under the substitute amendment, the
Cosmetology Examining Board continues to regulate the practice of cosmetologists,
aesthetists, manicurists, and electrologists.
Current law defines barbering and cosmetology together as a practice that may
include one or more of the following services, if performed for compensation:
1. Arranging, styling, dressing, shampooing, cleansing, curling, dyeing,
tinting, coloring, bleaching, waving, cutting, shaving, trimming, relaxing, singeing,
or performing similar work upon the hair or beard of a person.
2. Aesthetics, which includes beautifying or cleansing or applying cosmetics,
oils, lotions, clay, creams, antiseptics, powders, or tonics to or massaging,
stimulating, wrapping, exercising, or performing similar work upon the skin of a
person.
3. Manicuring, which is cleansing, cutting, shaping, beautifying, or massaging
limited to the hands, feet, or nails of a person.
4. Removing a person's hair by means other than by use of an electric needle.
The removal of hair from the human body by use of an electric needle is electrology.
Under current law, a person who holds a barbering and cosmetology license, or
a licensed manager, may practice aesthetics and manicuring without being
separately licensed in those areas. The practice of electrology requires licensure as
an electrologist. Also under current law, a licensed manager may manage any
establishment where barbering and cosmetology, aesthetics, manicuring, or
electrology takes place.
Similarly, under current law, a person who holds a barbering and cosmetology
license, or a licensed manager, may use titles that are associated with the practice
of barbering and cosmetology or may use titles that are associated with the practice
of a manicurist or aesthetist, but that person may not use titles associated with the
practice of an electrologist unless the person is also licensed as an electrologist.
Under the substitute amendment, a person who is licensed by DSPS solely as
a barber or barbering manager may practice only barbering or manage only a
barbering establishment licensed by DSPS, and such a person may use titles
associated only with barbering. The substitute amendment defines barbering as
arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting,
coloring, bleaching, waving, cutting, shaving, trimming, relaxing, singeing, or
performing similar work upon the hair of the head, neck, or face of a person. The
substitute amendment specifies that barbering does not include the removal of a
person's hair at the root. Additionally, under the substitute amendment, barbering
does not include the application of temporary or permanent eyelash extensions to the
eyelashes of a person.
The substitute amendment defines cosmetology as performing one or more of
the following: barbering, aesthetics, manicuring, or removing a person's hair by
means other than by use of an electric needle. Under the substitute amendment, a
person who is licensed by the Cosmetology Examining Board as a cosmetologist or
cosmetology manager may practice barbering, aesthetics, or manicuring but not
electrology unless the person also holds a license as an electrologist. No license is
required under the substitute amendment for the use of thread to remove hair from
the eyebrow, upper lip, or other area of the face of a person. Under the substitute
amendment, a licensed cosmetology manager may manage any establishment where
barbering, cosmetology, aesthetics, manicuring, or electrology is performed.
Similarly, under the substitute amendment, a licensed cosmetologist or
cosmetology manager may use titles associated with barbering, cosmetology,
aesthetics, or manicuring, but that person may not use titles associated with practice
as an electrologist unless the person also holds a license as an electrologist.
Under current law, a person must meet all of the education, examination, and
practice requirements for initial licensure as a barber and cosmetologist or manager,
whether or not that person intends to provide solely services that are traditionally
associated with barbering, such as shaving and cutting hair, or intends to manage
an establishment where only those kinds of services are performed. Also under
current law, the board may establish continuing education requirements for barbers
and cosmetologists, aesthetists, manicurists, electrologists, and managers as a part
of the disciplinary process to ensure competency, or if necessary to preserve the
public health, safety, or welfare.
Under the substitute amendment, DSPS establishes initial licensure
requirements for barbers and barbering managers that are independent of those for
cosmetologists. The substitute amendment eliminates any continuing education
requirements for barbers.
Also under the substitute amendment, DSPS regulates and licenses
establishments where only barbering may take place. The Cosmetology Examining
Board regulates and licenses establishments where the practices of cosmetology,
aesthetics, manicuring, or electrology may take place, in addition to barbering.
Inactive licenses
Under current law, a person who holds a barbering and cosmetology license, or
who holds a license as an aesthetist, manicurist, electrologist, or manager, must
meet certain renewal requirements, such as the payment of a renewal fee, and may
have to meet continuing education requirements, if that person wishes to maintain
that license.
Under the substitute amendment, any person to whom the Cosmetology
Examining Board or DSPS, in the case of a barber or barbering manager license, has
issued a license may apply to have that license classified as inactive. The
Cosmetology Examining Board or DSPS, in the case of a barber or barbering
manager license, may classify a license as inactive if the licensed person is otherwise
in good standing and intends to refrain from practice under the license. A person who
holds an inactive license is not required to meet continuing education requirements
for the license and may pay one-half the usual renewal fee for the license. A person
who holds an inactive license may not practice under that license unless the person's
active status is returned or unless the work performed is minimal.
Barbering and cosmetology schools and instructors
Under current law, DSPS directly licenses barbering and cosmetology schools
and specialty schools. A specialty school is one that concentrates in aesthetics,
manicuring, or electrology. DSPS issues one license for barbering and cosmetology
schools. A licensed barbering and cosmetology school may offer courses of instruction
in barbering and cosmetology, aesthetics, manicuring, and electrology.
Under current law, DSPS also certifies instructors in barbering and
cosmetology, aesthetics, manicuring, and electrology. DSPS issues one certification
for barbering and cosmetology instructors, and a person who is certified as a
barbering and cosmetology instructor may teach in a barbering and cosmetology
school or in a specialty school.
The substitute amendment establishes licensure requirements for barbering
schools that are independent of the requirements for cosmetology schools. Under the
substitute amendment, a licensed barbering school may offer courses of instruction
only in barbering, while a licensed cosmetology school may offer courses of
instruction in cosmetology, as well as barbering, aesthetics, manicuring, and
electrology if certain requirements relating to instruction in each of those practices
are met.
Similarly, the substitute amendment establishes certification requirements for
barbering instructors that are independent of the certification requirements for
cosmetology instructors. Under the substitute amendment, a certified barbering
instructor may provide instruction in barbering. A certified cosmetology instructor
may provide instruction in barbering, cosmetology, aesthetics, and manicuring.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB489-SSA1,5,123
15.405
(17) Barbering and cosmetology Cosmetology examining board. 4There is created a
barbering and cosmetology examining board in the department of
5safety and professional services. The
barbering and cosmetology examining board
6shall consist of 9 members appointed for 4-year terms. Four members shall be
7licensed
barbers, aestheticians
, or cosmetologists, 2 members shall be public
8members, one member shall be a representative of a private school of
barbering or 9cosmetology, one member shall be a representative of a public school of
barbering or 10cosmetology and one member shall be a licensed electrologist. Except for the 2
11members representing schools, no member may be connected with or have any
12financial interest in a
barbering or cosmetology school.
SB489-SSA1, s. 2
13Section
2. 106.52 (1) (e) 1. of the statutes is amended to read:
SB489-SSA1,6,6
1106.52
(1) (e) 1. "Public place of accommodation or amusement" shall be
2interpreted broadly to include, but not be limited to, places of business or recreation;
3lodging establishments; restaurants; taverns; barber
or
, cosmetologist, aesthetician,
4electrologist
, or manicuring establishments; nursing homes; clinics; hospitals;
5cemeteries; and any place where accommodations, amusement, goods
, or services are
6available either free or for a consideration, subject to subd. 2.
SB489-SSA1, s. 3
7Section
3. 440.03 (13) (b) 13. of the statutes is amended to read:
SB489-SSA1,6,88
440.03
(13) (b) 13. Barber
or cosmetologist.
SB489-SSA1, s. 4
9Section
4. 440.03 (13) (b) 14. of the statutes is amended to read:
SB489-SSA1,6,1010
440.03
(13) (b) 14. Barbering
or cosmetology instructor.
SB489-SSA1, s. 5
11Section
5. 440.03 (13) (b) 15. of the statutes is amended to read:
SB489-SSA1,6,1212
440.03
(13) (b) 15. Barbering
or cosmetology manager.
SB489-SSA1, s. 6
13Section
6. 440.03 (13) (b) 19e. of the statutes is created to read:
SB489-SSA1,6,1414
440.03
(13) (b) 19e. Cosmetologist.
SB489-SSA1, s. 7
15Section
7. 440.03 (13) (b) 19m. of the statutes is created to read:
SB489-SSA1,6,1616
440.03
(13) (b) 19m. Cosmetology instructor.
SB489-SSA1, s. 8
17Section
8. 440.03 (13) (b) 19s. of the statutes is created to read:
SB489-SSA1,6,1818
440.03
(13) (b) 19s. Cosmetology manager.
SB489-SSA1, s. 9
19Section
9. 440.08 (2) (a) 16. of the statutes is amended to read:
SB489-SSA1,6,2120
440.08
(2) (a) 16. Barbering
or cosmetology establishment: April 1 of each
21odd-numbered year.
SB489-SSA1, s. 10
22Section
10. 440.08 (2) (a) 17. of the statutes is amended to read:
SB489-SSA1,6,2423
440.08
(2) (a) 17. Barbering
or cosmetology instructor: April 1 of each
24odd-numbered year.
SB489-SSA1, s. 11
25Section
11. 440.08 (2) (a) 18. of the statutes is amended to read:
SB489-SSA1,7,2
1440.08
(2) (a) 18. Barbering
or cosmetology manager: April 1 of each
2odd-numbered year.
SB489-SSA1, s. 12
3Section
12. 440.08 (2) (a) 19. of the statutes is amended to read:
SB489-SSA1,7,54
440.08
(2) (a) 19. Barbering
or cosmetology school: April 1 of each
5odd-numbered year.
SB489-SSA1, s. 13
6Section
13. 440.08 (2) (a) 20. of the statutes is renumbered 440.08 (2) (a) 15m.
7and amended to read:
SB489-SSA1,7,98
440.08
(2) (a) 15m. Barber
or cosmetologist: April 1 of each odd-numbered
9year.
SB489-SSA1, s. 14
10Section
14. 440.08 (2) (a) 24b. of the statutes is created to read:
SB489-SSA1,7,1111
440.08
(2) (a) 24b. Cosmetologist: April 1 of each odd-numbered year.
SB489-SSA1, s. 15
12Section
15. 440.08 (2) (a) 24d. of the statutes is created to read:
SB489-SSA1,7,1413
440.08
(2) (a) 24d. Cosmetology establishment: April 1 of each odd-numbered
14year.
SB489-SSA1, s. 16
15Section
16. 440.08 (2) (a) 24g. of the statutes is created to read:
SB489-SSA1,7,1616
440.08
(2) (a) 24g. Cosmetology instructor: April 1 of each odd-numbered year.
SB489-SSA1, s. 17
17Section
17. 440.08 (2) (a) 24i. of the statutes is created to read:
SB489-SSA1,7,1818
440.08
(2) (a) 24i. Cosmetology manager: April 1 of each odd-numbered year.
SB489-SSA1, s. 18
19Section
18. 440.08 (2) (a) 24k. of the statutes is created to read:
SB489-SSA1,7,2020
440.08
(2) (a) 24k. Cosmetology school: April 1 of each odd-numbered year.
SB489-SSA1, s. 20
22Section
20. 440.60 (4) of the statutes is renumbered 440.60 (4m) and amended
23to read:
SB489-SSA1,7,2524
440.60
(4m) "Barbering
or cosmetology" has the meaning specified in s.
454.01 25(5) 454.20 (2).
SB489-SSA1, s. 21
1Section
21. 440.60 (5) of the statutes is renumbered 440.60 (4e) and amended
2to read:
SB489-SSA1,8,43
440.60
(4e) "Barber
or cosmetologist" has the meaning specified in s.
454.01 4(6) 454.20 (1).
SB489-SSA1,8,66
440.60
(5e) "Cosmetologist" has the meaning specified in s. 454.01 (7e).
SB489-SSA1,8,88
440.60
(5m) "Cosmetology" has the meaning specified in s. 454.01 (7m).
SB489-SSA1,8,1010
440.60
(5s) "Cosmetology manager" has the meaning specified in s. 454.01 (7s).
