SB489,25,2322 454.15 (2) (i) Violated this chapter subchapter or any rule promulgated under
23this chapter subchapter.
SB489, s. 99 24Section 99. 454.15 (2) (j) of the statutes is created to read:
SB489,25,2525 454.15 (2) (j) Violated subch. II or any rule promulgated under subch. II.
SB489, s. 100
1Section 100. 454.16 of the statutes is amended to read:
SB489,26,5 2454.16 Penalties. Any person who violates this chapter subchapter or any
3rule promulgated under this chapter subchapter shall be fined not less than $100 nor
4more than $5,000 or imprisoned for not less than 10 days nor more than 90 days or
5both.
SB489, s. 101 6Section 101. Subchapter II of chapter 454 [precedes 454.20] of the statutes is
7created to read:
SB489,26,88 chapter 454
SB489,26,109 subchapter II
10 barbering examining board
SB489,26,11 11454.20 Definitions. In this subchapter:
SB489,26,12 12(1) "Barber" means a person who practices barbering.
SB489,26,16 13(2) "Barbering" means, for compensation, arranging, styling, dressing,
14shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waving, cutting,
15shaving, trimming, relaxing, singeing, or performing similar work upon the hair of
16the head, neck, or face of any person by any means.
SB489,26,18 17(3) "Barbering manager" means a person who practices barbering and who is
18responsible for managing the operation of a barbering establishment.
SB489,26,19 19(4) "Board" means the barbering examining board.
SB489,26,20 20(5) "Cosmetology" has the meaning given in s. 454.01 (7m).
SB489,26,21 21(6) "Establishment" has the meaning given in s. 454.01 (10).
SB489,26,23 22(7) "Licensed barber" means a person licensed by the board under s. 454.23 (2)
23whose license is not an inactive license under s. 454.23 (6).
SB489,26,25 24(8) "Licensed barbering establishment" means an establishment licensed by
25the board under s. 454.25 (2).
SB489,27,2
1(9) "Licensed barbering manager" means a person licensed by the board under
2s. 454.23 (3) whose license is not an inactive license under s. 454.23 (6).
SB489,27,5 3(10) "Licensed cosmetologist" means a person licensed by the cosmetology
4examining board under s. 454.06 (2) whose license is not an inactive license under
5s. 454.06 (8m).
SB489,27,7 6(11) "Licensed cosmetology establishment" means an establishment licensed
7by the cosmetology examining board under s. 454.08 (2) (a).
SB489,27,10 8(12) "Licensed cosmetology manager" means a person licensed by the
9cosmetology examining board under s. 454.06 (3) whose license is not an inactive
10license under s. 454.06 (8m).
SB489,27,11 11(13) "Student" has the meaning given in s. 454.01 (15).
SB489,27,12 12(14) "Training hour" has the meaning given in s. 454.01 (16).
SB489,27,14 13454.21 Limitations and exceptions. Barbering does not include any of the
14following:
SB489,27,1715 (a) A service performed by a person licensed, certified, or registered under the
16laws of this state as a physician, physician assistant, nurse, or funeral director if the
17service is within the scope of the license, certificate, or registration.
SB489,27,2018 (b) A service performed in a correctional institution, hospital, or licensed
19nursing home under the supervision of a person responsible for inmate or patient
20care.
SB489,27,22 21454.22 Practice. (1) No person may engage in barbering unless the person
22is one of the following:
SB489,27,2323 (a) A licensed barber.
SB489,27,2424 (b) A licensed barbering manager.
SB489,27,2525 (c) An apprentice in barbering under s. 454.26.
SB489,28,1
1(d) A student in a barbering course of instruction.
SB489,28,32 (e) A person who holds a temporary permit to practice barbering granted by the
3board under s. 454.23 (7).
SB489,28,44 (f) A licensed cosmetologist.
SB489,28,55 (g) A licensed cosmetology manager.
SB489,28,66 (h) An apprentice in cosmetology under s. 454.10.
SB489,28,77 (g) A student in a cosmetology course of instruction.
SB489,28,98 (h) A person who holds a temporary permit to practice cosmetology granted by
9the cosmetology examining board under s. 454.06 (10).
SB489,28,12 10(2) No person may use the title "barber" or "hairstylist" or any other similar
11title unless the person is a licensed barber, licensed barbering manager, licensed
12cosmetologist, or licensed cosmetology manager.
SB489,28,14 13454.23 Licensure. (1) Application. An applicant for licensure under this
14section shall submit an application to the board on a form prescribed by the board.
SB489,28,16 15(2) Barber license. The board shall grant a barber license to any person who
16submits an application under sub. (1) and satisfies all of the following conditions:
SB489,28,1817 (a) The applicant pays the initial credential fee determined by the department
18under s. 440.03 (9) (a), except as provided in s. 454.27 (1).
SB489,28,2119 (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.
SB489,28,2522 (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).
SB489,29,5
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.
SB489,29,76 (c) The applicant passes an examination conducted by the board to determine
7fitness to practice barbering.
SB489,29,9 8(3) Barbering manager license. The board shall grant a barbering manager
9license to any person who satisfies all of the following conditions:
SB489,29,1010 (a) The person is a licensed barber or licensed cosmetologist.
SB489,29,1611 (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.
SB489,29,1717 (c) Pays the fee under s. 440.05 (1).
SB489,29,1918 (d) Passes an examination conducted by the board to determine fitness to
19practice as a barbering manager.
SB489,29,23 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.
SB489,30,3
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).
SB489,30,8 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.
SB489,30,119 (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).
SB489,30,1412 (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.
SB489,30,1615 (d) A person whose license is inactive under this subsection may perform
16minimal barbering work, as determined by the board by rule.
SB489,30,20 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.
SB489,30,2221 (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).
SB489,30,25 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.
SB489,31,4
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.
SB489,31,7 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.
SB489,31,15 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.
SB489,31,20 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.
SB489,31,2321 (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.
SB489,32,5 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.
SB489,32,13 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.
SB489,32,16 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.
SB489,32,19 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.
SB489,32,23 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.
SB489,33,3
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.
SB489,33,6 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).
SB489,33,10 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.
SB489,33,17 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.
SB489,33,25 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.
SB489,34,3
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.
SB489,34,6 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).
SB489,34,12 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:
SB489,34,1713 (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.
SB489,34,2018 (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.
SB489,34,23 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.
SB489,34,25 24454.28 Inspections. (1) The department shall appoint inspectors under the
25classified service to inspect licensed barbering establishments.
SB489,35,2
1(2) An inspector appointed under sub. (1) may enter and inspect any licensed
2barbering establishment at any time during business hours.
SB489,35,7 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.
SB489,35,11 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
SB489,35,17 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:
SB489,35,1918 (a) Made a material misstatement in an application for a license, renewal of a
19license, or temporary permit.
SB489,35,2220 (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.
SB489,35,2423 (c) Engaged in conduct in the practice of barbering that evidences a lack of
24knowledge or ability to apply professional principles or skills.
SB489,36,2
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.
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