LRB-4139/1
MPG:wlj:jf
2011 - 2012 LEGISLATURE
March 5, 2012 - Introduced by Representatives Kooyenga, Litjens, Young,
Honadel, Spanbauer, Krug and Craig, cosponsored by Senators Grothman,
Harsdorf, Schultz and
Taylor. Referred to Committee on Homeland Security
and State Affairs.
AB658,2,12
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 454.01 (5) (c) and (d);
to renumber and amend
3440.08 (2) (a) 20., 440.60 (4), 440.60 (5), 440.60 (10), 440.62 (3) (a), 440.62 (5)
4(b), 440.63 (1) (a) (intro.), 454.01 (6) and 454.01 (12);
to consolidate,
5renumber and amend 454.01 (5) (intro.) and (a);
to amend 15.405 (17),
6106.52 (1) (e) 1., 440.03 (13) (b) 13., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.08
7(2) (a) 16., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 19., 440.60 (14),
8440.62 (1) (a), 440.62 (1) (c), 440.63 (1) (b), (c) and (d), 440.63 (3) (a) (intro.), 2.
9and 4., 440.635, 440.64 (1) (a), chapter 454 (title), 454.01 (intro.), 454.01 (10),
10454.01 (11), 454.01 (15), 454.02 (1), 454.02 (2) (intro.), 454.02 (3) (intro.), 454.04
11(1) (a), 454.04 (1) (b), 454.04 (1) (c), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b),
12454.04 (2) (c), 454.04 (2) (d), 454.06 (2) (intro.), (b) and (c), 454.06 (3) (intro.), (a),
13(b) and (d), 454.06 (4) (b) 1. and 2., 454.06 (5) (b) 1. and 2., 454.06 (6) (b) 1. and
142., 454.06 (7), 454.06 (10) (a), 454.07 (1), 454.08 (1) (a), 454.08 (1) (b), 454.08 (2)
1(a), 454.08 (2) (b), 454.08 (2) (c), 454.08 (2) (d), 454.08 (5), 454.08 (6), 454.10 (2),
2454.10 (3) (a), 454.12 (intro.), 454.13 (1) (intro.), 454.13 (2), 454.15 (1), 454.15
3(2) (intro.), 454.15 (2) (a), 454.15 (2) (c), 454.15 (2) (d), 454.15 (2) (i) and 454.16;
4and
to create 15.405 (18), 440.03 (13) (b) 19e., 440.03 (13) (b) 19m., 440.03 (13)
5(b) 19s., 440.08 (2) (a) 24b., 440.08 (2) (a) 24d., 440.08 (2) (a) 24g., 440.08 (2) (a)
624i., 440.08 (2) (a) 24k., 440.60 (5e), 440.60 (5m), 440.60 (5s), 440.62 (1) (cm),
7440.62 (3) (ag), 440.62 (3) (ar) 4m., 440.62 (5) (b) 2., 440.63 (1) (am), 440.63 (3)
8(am), subchapter I (title) [precedes 454.01], 454.01 (7m) (intro.), (a) and (b),
9454.01 (11m), 454.01 (15m), 454.06 (8m), 454.15 (2) (j) and subchapter II of
10chapter 454 [precedes 454.20] of the statutes;
relating to: separation of the
11licensing requirements for barbering and cosmetology, creation of the
12barbering examining board, and providing a penalty.
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
barbering and cosmetology establishment. The board issues separate licenses for
aesthetists, manicurists, and electrologists, defined below.
This bill establishes licensure requirements related to barbering that are
independent of the requirements related to cosmetology renames the board the
Cosmetology Examining Board, and creates the Barbering Examining Board for the
regulation of barbering in this state. Under the bill, the Cosmetology Examining
Board continues to regulate the practice of cosmetologists, aesthetists, manicurists,
and electrologists.
The members of the Barbering Examining Board are as follows:
1. Four members who are licensed barbers.
2. Two members who are public members.
3. One member who is a representative of a school of barbering.
The governor appoints the members of the Barbering Examining Board to serve
staggered four-year terms.
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 bill, a person who is licensed by the Barbering Examining Board
solely as a barber or barbering manager may practice only barbering or manage only
a barbering establishment licensed by the Barbering Examining Board, and such a
person may use titles associated only with barbering. The bill 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 bill 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 bill, 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. A licensed cosmetology manager may manage
any establishment where barbering, cosmetology, aesthetics, manicuring, or
electrology is performed.
Similarly, under the bill, 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 bill, the Barbering Examining Board establishes initial licensure
requirements for barbers and barbering managers that are independent of those for
cosmetologists. The bill eliminates any continuing education requirements for
barbers.
Also under the bill, the Barbering Examining Board 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 bill, any person to whom the Cosmetology Examining Board or the
Barbering Examining Board has issued a license may apply to the appropriate board
to have that license classified as inactive. The Cosmetology Examining Board or the
Barbering Examining Board may classify a license as inactive if the licensed person
is otherwise in good standing with the appropriate board 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 by the
appropriate board or unless the work performed is minimal, as determined by the
appropriate board.
Barbering and cosmetology schools and instructors
Under current law, the Department of Safety and Professional Services (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 bill establishes licensure requirements for barbering schools that are
independent of the requirements for cosmetology schools. Under the bill, 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 bill establishes certification requirements for barbering
instructors that are independent of the certification requirements for cosmetology
instructors. Under the bill, a certified barbering instructor may provide instruction
in barbering. A certified cosmetology instructor may provide instruction in
barbering, cosmetology, aesthetics, and manicuring.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB658,5,123
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.
AB658, s. 2
13Section
2. 15.405 (18) of the statutes is created to read:
AB658,6,7
115.405
(18) Barbering examining board. There is created a barbering
2examining board in the department of safety and professional services. The
3barbering examining board shall consist of 7 members appointed for 4-year terms.
4Four members shall be licensed barbers, 2 members shall be public members, and
5one member shall be a representative of a school of barbering. Except for the member
6who is a representative of a school of barbering, no member may be connected with
7or have any financial interest in a school of barbering.
AB658, s. 3
8Section
3. 106.52 (1) (e) 1. of the statutes is amended to read:
AB658,6,149
106.52
(1) (e) 1. "Public place of accommodation or amusement" shall be
10interpreted broadly to include, but not be limited to, places of business or recreation;
11lodging establishments; restaurants; taverns; barber
or
, cosmetologist, aesthetician,
12electrologist
, or manicuring establishments; nursing homes; clinics; hospitals;
13cemeteries; and any place where accommodations, amusement, goods
, or services are
14available either free or for a consideration, subject to subd. 2.
AB658, s. 4
15Section
4. 440.03 (13) (b) 13. of the statutes is amended to read:
AB658,6,1616
440.03
(13) (b) 13. Barber
or cosmetologist.
AB658, s. 5
17Section
5. 440.03 (13) (b) 14. of the statutes is amended to read:
AB658,6,1818
440.03
(13) (b) 14. Barbering
or cosmetology instructor.
AB658, s. 6
19Section
6. 440.03 (13) (b) 15. of the statutes is amended to read:
AB658,6,2020
440.03
(13) (b) 15. Barbering
or cosmetology manager.
AB658, s. 7
21Section
7. 440.03 (13) (b) 19e. of the statutes is created to read:
AB658,6,2222
440.03
(13) (b) 19e. Cosmetologist.
AB658, s. 8
23Section
8. 440.03 (13) (b) 19m. of the statutes is created to read:
AB658,6,2424
440.03
(13) (b) 19m. Cosmetology instructor.
AB658, s. 9
25Section
9. 440.03 (13) (b) 19s. of the statutes is created to read:
AB658,7,1
1440.03
(13) (b) 19s. Cosmetology manager.
AB658, s. 10
2Section
10. 440.08 (2) (a) 16. of the statutes is amended to read:
AB658,7,43
440.08
(2) (a) 16. Barbering
or cosmetology establishment: April 1 of each
4odd-numbered year.
AB658, s. 11
5Section
11. 440.08 (2) (a) 17. of the statutes is amended to read:
AB658,7,76
440.08
(2) (a) 17. Barbering
or cosmetology instructor: April 1 of each
7odd-numbered year.
AB658, s. 12
8Section
12. 440.08 (2) (a) 18. of the statutes is amended to read:
AB658,7,109
440.08
(2) (a) 18. Barbering
or cosmetology manager: April 1 of each
10odd-numbered year.
AB658, s. 13
11Section
13. 440.08 (2) (a) 19. of the statutes is amended to read:
AB658,7,1312
440.08
(2) (a) 19. Barbering
or cosmetology school: April 1 of each
13odd-numbered year.
AB658, s. 14
14Section
14. 440.08 (2) (a) 20. of the statutes is renumbered 440.08 (2) (a) 15m.
15and amended to read:
AB658,7,1716
440.08
(2) (a) 15m. Barber
or cosmetologist: April 1 of each odd-numbered
17year.