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.