AB658,28,2119
(b) Subject to ss. 111.321, 111.322, and 111.335, the applicant presents evidence
20satisfactory to the board that the applicant has not been convicted of a felony
21committed while engaged in the practice of barbering.
AB658,28,2522
(c) The applicant graduates from high school or attains high school graduation
23equivalency as determined by the department of public instruction; is participating
24in a program approved by the board; or is at least 18 years old and meets the ability
25to benefit rule under
20 USC 1091 (d).
AB658,29,5
1(d) The applicant graduates from a course of instruction in barbering of at least
21,800 training hours in barbering in not less than 10 months in a school of barbering
3licensed under s. 440.62 (3) (ag), a school of cosmetology licensed under s. 440.62 (3)
4(ar),
or a school that is exempted under s. 440.61 or the applicant successfully
5completes an apprenticeship under s. 454.26.
AB658,29,76
(c) The applicant passes an examination conducted by the board to determine
7fitness to practice barbering.
AB658,29,9
8(3) Barbering manager license. The board shall grant a barbering manager
9license to any person who satisfies all of the following conditions:
AB658,29,1010
(a) The person is a licensed barber or licensed cosmetologist.
AB658,29,1611
(b) The person completes 4,000 hours of practice as a licensed barber or licensed
12cosmetologist under the supervision of a licensed barbering manager or licensed
13cosmetology manager or completes 2,000 hours of practice as a licensed barber or
14licensed cosmetologist and 150 training hours of theoretical instruction in barbering
15in a school of barbering licensed under s. 440.62 (3) (ag) or school of cosmetology
16licensed under s. 440.62 (3) (ar) or exempted under s. 440.61.
AB658,29,1717
(c) Pays the fee under s. 440.05 (1).
AB658,29,1918
(d) Passes an examination conducted by the board to determine fitness to
19practice as a barbering manager.
AB658,29,23
20(4) Posting of license certificate. The board shall issue a certificate to each
21person licensed under sub. (2) or (3), certifying that the holder is a licensed barber
22or licensed barbering manager. The licensee shall post the certificate in a
23conspicuous place in the primary establishment where the licensee practices.
AB658,30,3
1(5) Expiration and renewal. The renewal dates for licenses granted under
2subs. (2) and (3) are specified under s. 440.08 (2) (a), and the renewal fees for those
3licenses are determined by the department under s. 440.03 (9) (a).
AB658,30,8
4(6) Inactive license. (a) Any person who is issued a license under sub. (2) or
5(3) may apply to the board to classify that license as inactive. Upon application under
6this paragraph, the board may classify a license as inactive if the board determines
7that the person who holds that license is in good standing with the board and intends
8to refrain from barbering during the period that the license is inactive.
AB658,30,119
(b) An inactive license is subject to sub. (5), except that the amount of the
10renewal fee for an inactive license shall be one-half of the amount of the renewal fee
11determined by the department for the license under s. 440.03 (9) (a).
AB658,30,1412
(c) The board may remove the inactive classification of an inactive license if the
13person who holds that inactive license applies to the board to remove the inactive
14classification and the person meets any additional requirements of the board.
AB658,30,1615
(d) A person whose license is inactive under this subsection may perform
16minimal barbering work, as determined by the board by rule.
AB658,30,20
17(7) Temporary permit. (a) The board may grant a temporary permit to practice
18as a barber if an applicant under sub. (2) satisfies all of the conditions under sub. (2)
19except passage of the examination for licensure and the applicant is scheduled to
20take that examination.
AB658,30,2221
(b) A temporary permit granted under par. (a) is valid for 6 months and may
22not be renewed. The fee for a temporary permit is specified in s. 440.05 (6).
AB658,30,25
23454.24 Examinations. (1) The board shall, in accordance with s. 440.07 (2),
24conduct examinations for barber licenses at least 8 times annually, at times and
25places determined by the board.
AB658,31,4
1(2) The examination for a license under s. 454.23 (2) or (3) shall consist of
2written tests and practical demonstrations requiring applicants to demonstrate
3minimum competency in services and subjects substantially related to the practice
4of a barber or barbering manager, as appropriate, and public health and safety.
AB658,31,7
5(3) A person is not eligible for examination for a license granted under s. 454.23
6(2) or (3) unless the person completes the requirements for licensure under s. 454.23
7(2) or (3) except passage of the examination.
AB658,31,15
8(4) An applicant for a license under s. 454.23 (2) or (3) shall file an application
9for examination in the office of the board at least 3 weeks before the examination.
10If an applicant fails to file the application within the required time, the board may
11postpone the applicant's examination to the date of the next available regular
12examination. The board may require an applicant who fails to appear for or to
13complete an examination to reapply for examination. An applicant who fails an
14examination may request reexamination and shall pay a fee for reexamination,
15according to the procedures and fees established under s. 440.06.
AB658,31,20
16454.25 Barbering establishment license. (1) (a) The board may
17promulgate rules permitting the provision of barbering services outside of a licensed
18barbering establishment or a licensed cosmetology establishment by a barber to a
19person who is unable to leave his or her home because of illness or disability or who
20is in a hospital, nursing home, correctional institution, or other institution.
AB658,31,2321
(b) Except as permitted by rule promulgated under par. (a), no person may
22practice barbering in an establishment unless the establishment is a licensed
23barbering establishment or licensed cosmetology establishment.
AB658,32,5
24(2) The board shall grant a barbering establishment license that authorizes the
25practice of barbering in the licensed establishment to any person who pays the initial
1credential fee determined by the department under s. 440.03 (9) (a) and who satisfies
2the requirements established by the board by rule, including proof of ownership of
3the business that operates the establishment. Any change of ownership of a licensed
4barbering establishment shall be reported to the board by the new owner within 5
5days after the change of ownership.
AB658,32,13
6(3) The board shall, by rule, establish minimum standards concerning the
7maintenance, equipment, plans, and specifications for licensed barbering
8establishments as they relate to the public health and safety. The board may not
9license a barbering establishment under this section unless the establishment meets
10the standards established by the board. A person proposing to open a barbering
11establishment in a new location shall apply to the board for an inspection and
12approval of the establishment, submitting an exact description and floor plan of the
13proposed establishment on a form provided by the department.
AB658,32,16
14(4) A person who is not a licensed barber, licensed barbering manager, licensed
15cosmetologist, or licensed cosmetology manager
may own or operate a licensed
16barbering establishment, but may not practice barbering.
AB658,32,19
17(5) A person who owns a licensed barbering establishment shall employ at least
18one person as a manager who is a licensed
barbering manager
or licensed
19cosmetology manager and works full-time in the establishment.
AB658,32,23
20(7) Commercial businesses and practices other than barbering may be operated
21in a licensed barbering establishment, except that a business or practice that poses
22a sanitation or health hazard may not be conducted within a licensed barbering
23establishment.
AB658,33,3
1(8) The board shall furnish a certificate to the owner of a licensed barbering
2establishment, certifying that the establishment is licensed by the board. The owner
3shall post the certificate in a conspicuous place in the establishment.
AB658,33,6
4(9) The renewal date for a barbering establishment license is specified under
5s. 440.08 (2) (a), and the renewal fee for a barbering establishment license is
6determined by the department under s. 440.03 (9) (a).
AB658,33,10
7454.26 Apprenticeship. (1) An apprentice in barbering shall be employed
8under an apprentice contract under s. 106.01 and shall be governed by s. 106.01, the
9apprenticeship rules of the department of workforce development, and the rules of
10the board.
AB658,33,17
11(2) An apprentice in barbering shall receive at least 3,712 hours of practical
12training in barbering and at least 288 training hours of instruction in barbering in
13a school of barbering or school of cosmetology in order to complete the apprenticeship
14program and be eligible to take the examination for a barber license. An apprentice
15in barbering shall receive training in barbering for a total of at least 32 hours per
16week. The training shall be completed in not less than 2 years and not more than
174 years.
AB658,33,25
18(3) (a) An apprentice in barbering may not practice barbering except under the
19supervision of a licensed barbering manager or licensed cosmetology manager or
20under the supervision of a licensed barber or licensed cosmetologist to whom
21supervisory authority has been delegated by a licensed barbering manager or
22licensed cosmetology manager. A licensed barbering manager or licensed
23cosmetology manager
may only delegate supervisory authority to a licensed barber
24or licensed cosmetologist
who has completed at least 2,000 hours of practice as a
25licensed barber or licensed cosmetologist.
AB658,34,3
1(b) An apprentice in barbering shall be trained in all branches of practical work
2and in all subjects required to be taught in a school of barbering as prescribed by the
3board by rule.
AB658,34,6
4(4) A person who successfully completes the requirements of sub. (2) may not
5continue to practice as an apprentice in barbering but may apply for a temporary
6permit under s. 454.23 (7).
AB658,34,12
7454.27 Licensees of other jurisdictions. (1) Upon application and payment
8of the fee specified in s. 440.05 (2), the board may grant a license to practice barbering
9or to practice as a barbering manager to an applicant who is licensed in another state
10or territory of the United States or in another country to perform services that are
11substantially the same as those performed by a licensed barber or licensed barbering
12manager in this state and to whom at least one of the following applies:
AB658,34,1713
(a) The applicant has at least 4,000 hours of experience in licensed practice, has
14never been disciplined by the licensing authority of another jurisdiction, and is not
15a party to a proceeding before the licensing agency in which it is alleged that the
16applicant was negligent in the licensed practice or violated any law relating to the
17licensed practice.
AB658,34,2018
(b) The applicant meets the requirements established in a reciprocal
19agreement under sub. (2) between the board and the licensing authority in the state
20where the applicant is licensed.
AB658,34,23
21(2) The board may enter into a reciprocal agreement with the officials of
22another state for the licensing of barbers in this state and may grant a license to a
23person licensed in the other state according to the terms of that agreement.
AB658,34,25
24454.28 Inspections. (1) The department shall appoint inspectors under the
25classified service to inspect licensed barbering establishments.
AB658,35,2
1(2) An inspector appointed under sub. (1) may enter and inspect any licensed
2barbering establishment at any time during business hours.
AB658,35,7
3454.285 Disclosure of temporary permit status. A person practicing under
4a temporary permit to practice barbering granted under s. 454.23 (7) shall, before
5performing any barbering services, inform the person receiving the barbering service
6that he or she is practicing under a temporary permit and that he or she has satisfied
7all requirements except passage of an examination for a barbering license.
AB658,35,11
8454.29 Disciplinary proceedings and actions. (1) Subject to the rules
9promulgated under s. 440.03 (1), the board may make investigations or conduct
10hearings to determine whether a person has violated this subchapter or any rule
11promulgated under this subchapter
AB658,35,17
12(2) Subject to the rules promulgated under s. 440.03 (1) and this subchapter,
13the board may revoke, limit, suspend, or refuse to issue or renew, in accordance with
14the severity of the violation, a license or temporary permit granted under this
15subchapter or reprimand the holder of a license or temporary permit granted under
16this subchapter if the board finds that the holder or applicant has done any of the
17following:
AB658,35,1918
(a) Made a material misstatement in an application for a license, renewal of a
19license, or temporary permit.
AB658,35,2220
(b) Failed to correct or take substantial steps approved by the board to correct
21a violation of any sanitary or other rule of the board within the time limit stated by
22the board in a notification of violation.
AB658,35,2423
(c) Engaged in conduct in the practice of barbering that evidences a lack of
24knowledge or ability to apply professional principles or skills.
AB658,36,2
1(d) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a felony
2committed while engaged in the practice of barbering.
AB658,36,43
(e) Continued practice while knowingly having an infectious, contagious, or
4communicable disease.
AB658,36,55
(f) Advertised in a manner that is false, deceptive, or misleading.
AB658,36,76
(g) Advertised, practiced, or attempted to practice under another's name or
7another's trade name.
AB658,36,108
(h) Subject to ss. 111.321, 111.322, and 111.34, been addicted to alcohol or other
9drugs to an extent related to the individual's ability to adequately undertake the
10job-related responsibilities of that individual's licensure.
AB658,36,1111
(i) Violated this subchapter or any rule promulgated under this subchapter.
AB658,36,16
12(3) The board may, in addition to or in lieu of a reprimand or revocation,
13limitation, suspension, or denial of a license or temporary permit, assess against a
14person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more
15than $1,000 for each separate offense. Each day of continued violation constitutes
16a separate offense.
AB658,36,19
17454.295 Penalties. Any person who violates this subchapter or any rule
18promulgated under this subchapter shall be fined not less than $100 nor more than
19$5,000 or imprisoned for not less than 10 days nor more than 90 days or both.
AB658,36,2321
(1)
Treatment of current licensed barbers or cosmetologists, managers,
22establishments, and schools of barbering or cosmetology and current certified
23barbering or cosmetology instructors.
AB658,37,1024
(a)
Barbers. Notwithstanding section 454.23 (1) and (2) of the statutes, as
25created by this act, and subject to a notification and renewal under this paragraph,
1on the effective date of this paragraph, a person who, immediately prior to the
2effective date of this paragraph, held a valid barber or cosmetologist license granted
3by the barbering and cosmetology examining board, is considered to be a licensed
4barber, as defined in section 454.20 (7) of the statutes, as created by this act. The
5barbering examining board shall issue a barber license to that person under section
6454.23 (2) of the statutes, as created by this act, if the person notifies the barbering
7examining board that the person intends to practice as a barber subject to subchapter
8II of chapter 454 of the statutes, as created by this act, and satisfies the applicable
9renewal requirements for a barber license under section 440.08 of the statutes, as
10affected by this act, before April 1, 2013.
AB658,37,2311
(b)
Cosmetologists. Notwithstanding section 454.06 (1) and (2) of the statutes,
12as affected by this act, and subject to a notification and renewal under this
13paragraph, on the effective date of this paragraph, a person who, immediately prior
14to the effective date of this paragraph, held a valid barber or cosmetologist license
15granted by the barbering and cosmetology examining board, is considered to be a
16licensed cosmetologist, as defined in section 454.20 (10) of the statutes, as created
17by this act. The cosmetology examining board shall issue a cosmetologist license to
18that person under section 454.06 (2) of the statutes, as affected by this act, if the
19person notifies the cosmetology examining board that the person intends to practice
20as a cosmetologist subject to subchapter I of chapter 454 of the statutes, as created
21by this act, and satisfies the applicable renewal requirements for a cosmetologist
22license under section 440.08 of the statutes, as affected by this act, before April 1,
232013.
AB658,38,1124
(c)
Barbering managers. Notwithstanding section 454.23 (1) and (3) of the
25statutes, as created by this act, and subject to a notification and renewal under this
1paragraph, on the effective date of this paragraph, a person who, immediately prior
2to the effective date of this paragraph, held a valid manager license granted by the
3barbering and cosmetology examining board, is considered to be a licensed barbering
4manager, as defined in section 454.20 (9) of the statutes, as created by this act. The
5barbering examining board shall issue a barbering manager license to that person
6under section 454.23 (3) of the statutes, as created by this act, if the person notifies
7the barbering examining board that the person intends to practice as a barbering
8manager subject to subchapter II of chapter 454 of the statutes, as created by this
9act, and satisfies the applicable renewal requirements for a barbering manager
10license under section 440.08 of the statutes, as affected by this act, before April 1,
112013.
AB658,38,2412
(d)
Cosmetology managers. Notwithstanding section 454.06 (1) and (3) of the
13statutes, as affected by this act, and subject to a notification and renewal under this
14paragraph, on the effective date of this paragraph, a person who, immediately prior
15to the effective date of this paragraph, held a valid manager license granted by the
16barbering and cosmetology examining board, is considered to be a licensed
17cosmetology manager, as defined in section 454.20 (12) of the statutes, as created by
18this act. The cosmetology examining board shall issue a cosmetology manager
19license to that person under section 454.06 (3) of the statutes, as affected by this act,
20if the person notifies the cosmetology examining board that the person intends to
21practice as a cosmetology manager subject to subchapter I of chapter 454 of the
22statutes, as created by this act, and satisfies the applicable renewal requirements for
23a cosmetology manager license under section 440.08 of the statutes, as affected by
24this act, before April 1, 2013.
AB658,39,15
1(e)
Barbering establishments. Notwithstanding section 454.25 of the statutes,
2as created by this act, and subject to a notification and renewal under this paragraph,
3on the effective date of this paragraph, an establishment, as defined under section
4454.01 (10) of the statutes, that, immediately prior to the effective date of this
5paragraph, held a valid barbering or cosmetologist establishment license granted by
6the barbering and cosmetology examining board, is considered to be a licensed
7barbering establishment, as defined in section 454.20 (8) of the statutes, as created
8by this act. The barbering examining board shall issue a barbering establishment
9license for that establishment under section 454.25 (2) of the statutes, as created by
10this act, if an authorized representative of the establishment notifies the barbering
11examining board that the establishment will be maintained as a barbering
12establishment subject to subchapter II of chapter 454 of the statutes, as created by
13this act, and the applicable renewal requirements for a barbering establishment
14license under section 440.08 of the statutes, as affected by this act, are satisfied for
15the establishment before April 1, 2013.
AB658,40,616
(f)
Cosmetology establishments. Notwithstanding section 454.08 of the
17statutes, as affected by this act, and subject to a notification and renewal under this
18paragraph, on the effective date of this paragraph, an establishment, as defined
19under section 454.01 (10) of the statutes, as affected by this act, that, immediately
20prior to the effective date of this paragraph, held a valid barbering or cosmetologist
21establishment license granted by the barbering and cosmetology examining board,
22is considered to be a licensed cosmetology establishment, as defined in section 454.20
23(11) of the statutes, as created by this act. The cosmetology examining board shall
24issue a cosmetology establishment license for that establishment under section
25454.08 (2) (a) of the statutes, as affected by this act, if an authorized representative
1of the establishment notifies the cosmetology examining board that the
2establishment will be maintained as a cosmetology establishment subject to
3subchapter I of chapter 454 of the statutes, as created by this act, and the applicable
4renewal requirements for a cosmetology establishment license under section 440.08
5of the statutes, as affected by this act, are satisfied for the establishment before April
61, 2013.
AB658,40,217
(g)
Schools of barbering. Notwithstanding section 440.62 (3) (ag) of the
8statutes, as created by this act, and subject to a notification and renewal under this
9paragraph, on the effective date of this paragraph, a school, as defined in section
10440.60 (14) of the statutes, as affected by this act, that, immediately prior to the
11effective date of this paragraph, held a valid school of barbering or cosmetology
12license granted by the department of safety and professional services, is considered
13to be a licensed school of barbering under subchapter VI of chapter 440 of the
14statutes, as affected by this act. The department of safety and professional services
15shall issue a school of barbering license to that school under section 440.62 (3) (ag)
16of the statutes, as created by this act, if an authorized representative of the school
17notifies the department of safety and professional services that the school will be
18maintained as a school of barbering subject to subchapter VI of chapter 440 of the
19statutes, as affected by this act, and the applicable renewal requirements for a school
20of barbering license under section 440.08 of the statutes, as affected by this act, are
21satisfied for the school before April 1, 2013.
AB658,41,1122
(h)
Schools of cosmetology. Notwithstanding section 440.62 (3) (ar) of the
23statutes, as created by this act, and subject to a notification and renewal under this
24paragraph, on the effective date of this paragraph, a school, as defined in section
25440.60 (14) of the statutes, as affected by this act, that, immediately prior to the
1effective date of this paragraph, held a valid school of barbering or cosmetology
2license granted by the department of safety and professional services is considered
3to be a licensed school of cosmetology under subchapter VI of chapter 440 of the
4statutes, as affected by this act. The department of safety and professional services
5shall issue a school of barbering license to that school under section 440.62 (3) (ar)
6of the statutes, as created by this act, if an authorized representative of the school
7notifies the department of safety and professional services that the school will be
8maintained as a school of cosmetology subject to subchapter VI of chapter 440 of the
9statutes, as affected by this act, and the applicable renewal requirements for a school
10of cosmetology license under section 440.08 of the statutes, as affected by this act, are
11satisfied for the school before April 1, 2013.
AB658,41,2512
(i)
Barbering instructors. Notwithstanding section 440.63 (3) (a) of the
13statutes, as affected by this act, and subject to a notification and renewal under this
14paragraph, on the effective date of this paragraph, a person who, immediately prior
15to the effective date of this paragraph, held a valid barbering or cosmetology
16instructor certificate granted by the department of safety and professional services,
17is considered to be a certified barbering instructor under subchapter VI of chapter
18440 of the statutes, as affected by this act. The department of safety and professional
19services shall issue a barbering instructor certificate to that person under section
20440.63 (3) (a) of the statutes, as affected by this act, if the person notifies the
21department of safety and professional services that the person intends to act as a
22barbering instructor subject to subchapter VI of chapter 440 of the statutes, as
23affected by this act, and satisfies the applicable renewal requirements for a
24barbering instructor certificate under section 440.08 of the statutes, as affected by
25this act, before April 1, 2013.
AB658,42,14
1(j)
Cosmetology instructors. Notwithstanding section 440.63 (3) (am) of the
2statutes, as created by this act, and subject to a notification and renewal under this
3paragraph, on the effective date of this paragraph, a person who, immediately prior
4to the effective date of this paragraph, held a valid barbering or cosmetology
5instructor certificate granted by the department of safety and professional services,
6is considered to be a certified cosmetology instructor under subchapter VI of chapter
7440 of the statutes, as affected by this act. The department of safety and professional
8services shall issue a cosmetology instructor certificate to that person under section
9440.63 (3) (am) of the statutes, as created by this act, if the person notifies the
10department of safety and professional services that the person intends to act as a
11cosmetology instructor subject to subchapter VI of chapter 440 of the statutes, as
12affected by this act, and satisfies the applicable renewal requirements for a
13cosmetology instructor certificate under section 440.08 of the statutes, as affected by
14this act, before April 1, 2013.
AB658,42,1715
(2)
Initial appointments. Notwithstanding the lengths of terms specified in
16section 15.405 (18) of the statutes, as created by this act, the initial members of the
17barbering examining board shall be appointed for the following terms:
AB658,42,1918
(a) Two barbers licensed under section 454.23 (2) of the statutes, as created by
19this act, for terms expiring on July 1, 2014.
AB658,42,2120
(b) Two barbers licensed under section 454.23 (2) of the statutes, as created by
21this act, for terms expiring on July 1, 2014.
AB658,42,2222
(c) Two public members, for terms expiring on July 1, 2015.
AB658,42,2423
(d) The member who is a representative of a school of barbering, for a term
24expiring on July 1, 2016.
AB658,43,1
1(1)
This act takes effect on July 1, 2012.