AB658: Bill Text

LRB-4139/1

MPG:wlj:jf

2011 - 2012 LEGISLATURE

2011 Assembly BILL 658

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 An Act to repeal 440.60 (3), 440.60 (9), 440.63 (1) (a) 1., 440.63 (1) (a) 2. and 454.01 (5) (b); to renumber 454.01 (5) (c) and (d); to renumber and amend 440.08 (2) (a) 20., 440.60 (4), 440.60 (5), 440.60 (10), 440.62 (3) (a), 440.62 (5) (b), 440.63 (1) (a) (intro.), 454.01 (6) and 454.01 (12); to consolidate, renumber and amend 454.01 (5) (intro.) and (a); to amend 15.405 (17), 106.52 (1) (e) 1., 440.03 (13) (b) 13., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.08 (2) (a) 16., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 19., 440.60 (14), 440.62 (1) (a), 440.62 (1) (c), 440.63 (1) (b), (c) and (d), 440.63 (3) (a) (intro.), 2. and 4., 440.635, 440.64 (1) (a), chapter 454 (title), 454.01 (intro.), 454.01 (10), 454.01 (11), 454.01 (15), 454.02 (1), 454.02 (2) (intro.), 454.02 (3) (intro.), 454.04 (1) (a), 454.04 (1) (b), 454.04 (1) (c), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (c), 454.04 (2) (d), 454.06 (2) (intro.), (b) and (c), 454.06 (3) (intro.), (a), (b) and (d), 454.06 (4) (b) 1. and 2., 454.06 (5) (b) 1. and 2., 454.06 (6) (b) 1. and 2., 454.06 (7), 454.06 (10) (a), 454.07 (1), 454.08 (1) (a), 454.08 (1) (b), 454.08 (2) (a), 454.08 (2) (b), 454.08 (2) (c), 454.08 (2) (d), 454.08 (5), 454.08 (6), 454.10 (2), 454.10 (3) (a), 454.12 (intro.), 454.13 (1) (intro.), 454.13 (2), 454.15 (1), 454.15 (2) (intro.), 454.15 (2) (a), 454.15 (2) (c), 454.15 (2) (d), 454.15 (2) (i) and 454.16; and to create 15.405 (18), 440.03 (13) (b) 19e., 440.03 (13) (b) 19m., 440.03 (13) (b) 19s., 440.08 (2) (a) 24b., 440.08 (2) (a) 24d., 440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a) 24k., 440.60 (5e), 440.60 (5m), 440.60 (5s), 440.62 (1) (cm), 440.62 (3) (ag), 440.62 (3) (ar) 4m., 440.62 (5) (b) 2., 440.63 (1) (am), 440.63 (3) (am), subchapter I (title) [precedes 454.01], 454.01 (7m) (intro.), (a) and (b), 454.01 (11m), 454.01 (15m), 454.06 (8m), 454.15 (2) (j) and subchapter II of chapter 454 [precedes 454.20] of the statutes; relating to: separation of the licensing requirements for barbering and cosmetology, creation of the barbering 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, s. 1 Section 1. 15.405 (17) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB658,5,12 15.405 (17) Barbering and cosmetology Cosmetology examining board. There is created a barbering and cosmetology examining board in the department of safety and professional services. The barbering and cosmetology examining board shall consist of 9 members appointed for 4-year terms. Four members shall be licensed barbers, aestheticians, or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of barbering or cosmetology, one member shall be a representative of a public school of barbering or cosmetology and one member shall be a licensed electrologist. Except for the 2 members representing schools, no member may be connected with or have any financial interest in a barbering or cosmetology school.

AB658, s. 2 Section 2. 15.405 (18) of the statutes is created to read:

AB658,6,7 15.405 (18) Barbering examining board. There is created a barbering examining board in the department of safety and professional services. The barbering examining board shall consist of 7 members appointed for 4-year terms. Four members shall be licensed barbers, 2 members shall be public members, and one member shall be a representative of a school of barbering. Except for the member who is a representative of a school of barbering, no member may be connected with or have any financial interest in a school of barbering.

AB658, s. 3 Section 3. 106.52 (1) (e) 1. of the statutes is amended to read:

AB658,6,14 106.52 (1) (e) 1. "Public place of accommodation or amusement" shall be interpreted broadly to include, but not be limited to, places of business or recreation; lodging establishments; restaurants; taverns; barber or , cosmetologist, aesthetician, electrologist, or manicuring establishments; nursing homes; clinics; hospitals; cemeteries; and any place where accommodations, amusement, goods, or services are available either free or for a consideration, subject to subd. 2.

AB658, s. 4 Section 4. 440.03 (13) (b) 13. of the statutes is amended to read:

AB658,6,16 440.03 (13) (b) 13. Barber or cosmetologist.

AB658, s. 5 Section 5. 440.03 (13) (b) 14. of the statutes is amended to read:

AB658,6,18 440.03 (13) (b) 14. Barbering or cosmetology instructor.

AB658, s. 6 Section 6. 440.03 (13) (b) 15. of the statutes is amended to read:

AB658,6,20 440.03 (13) (b) 15. Barbering or cosmetology manager.

AB658, s. 7 Section 7. 440.03 (13) (b) 19e. of the statutes is created to read:

AB658,6,22 440.03 (13) (b) 19e. Cosmetologist.

AB658, s. 8 Section 8. 440.03 (13) (b) 19m. of the statutes is created to read:

AB658,6,24 440.03 (13) (b) 19m. Cosmetology instructor.

AB658, s. 9 Section 9. 440.03 (13) (b) 19s. of the statutes is created to read:

AB658,7,1 440.03 (13) (b) 19s. Cosmetology manager.

AB658, s. 10 Section 10. 440.08 (2) (a) 16. of the statutes is amended to read:

AB658,7,4 440.08 (2) (a) 16. Barbering or cosmetology establishment: April 1 of each odd-numbered year.

AB658, s. 11 Section 11. 440.08 (2) (a) 17. of the statutes is amended to read:

AB658,7,7 440.08 (2) (a) 17. Barbering or cosmetology instructor: April 1 of each odd-numbered year.

AB658, s. 12 Section 12. 440.08 (2) (a) 18. of the statutes is amended to read:

AB658,7,10 440.08 (2) (a) 18. Barbering or cosmetology manager: April 1 of each odd-numbered year.

AB658, s. 13 Section 13. 440.08 (2) (a) 19. of the statutes is amended to read:

AB658,7,13 440.08 (2) (a) 19. Barbering or cosmetology school: April 1 of each odd-numbered year.

AB658, s. 14 Section 14. 440.08 (2) (a) 20. of the statutes is renumbered 440.08 (2) (a) 15m. and amended to read:

AB658,7,17 440.08 (2) (a) 15m. Barber or cosmetologist: April 1 of each odd-numbered year.

AB658, s. 15 Section 15. 440.08 (2) (a) 24b. of the statutes is created to read:

AB658,7,19 440.08 (2) (a) 24b. Cosmetologist: April 1 of each odd-numbered year.

AB658, s. 16 Section 16. 440.08 (2) (a) 24d. of the statutes is created to read:

AB658,7,22 440.08 (2) (a) 24d. Cosmetology establishment: April 1 of each odd-numbered year.

AB658, s. 17 Section 17. 440.08 (2) (a) 24g. of the statutes is created to read: