SB489, s. 89
21Section
89. 454.10 (3) (a) of the statutes is amended to read:
SB489,24,422
454.10
(3) (a) No apprentice
under this section may practice
barbering or
23cosmetology except under the supervision of a licensed
cosmetology manager
, whose
24cosmetology license is not an inactive license, or under the supervision of a licensed
25barber or cosmetologist
, whose cosmetology license is not an inactive license, and to
1whom supervisory authority has been delegated by a licensed
cosmetology manager.
2A licensed
cosmetology manager may only delegate supervisory authority to a
3licensed
barber or cosmetologist who has completed at least 2,000 hours of practice
4as a licensed
barber or cosmetologist.
SB489, s. 90
5Section
90. 454.12 (intro.) of the statutes is amended to read:
SB489,24,8
6454.12 Continuing education. (intro.) The examining board may impose
7continuing education requirements on
licensees a person who holds a license under
8this subchapter that is not an inactive license either:
SB489, s. 91
9Section
91. 454.13 (1) (intro.) of the statutes is amended to read:
SB489,24,1610
454.13
(1) (intro.) Upon application and payment of the fee specified in s.
11440.05 (2), the examining board may issue a license to practice
barbering or 12cosmetology, aesthetics, electrology
, or manicuring or to practice as a
cosmetology 13manager to an applicant who is licensed in another state or territory of the United
14States or in another country to perform services
which
that are substantially the
15same as those performed by licensees in this state and to whom either of the following
16applies:
SB489, s. 92
17Section
92. 454.13 (2) of the statutes is amended to read:
SB489,24,2118
454.13
(2) The examining board may enter into reciprocal agreements with
19officials of other states for licensing
barbers or cosmetologists, aestheticians,
20electrologists, manicurists
, and
cosmetology managers and grant licenses to persons
21licensed in other states according to the terms of such an agreement.
SB489, s. 93
22Section
93. 454.15 (1) of the statutes is amended to read:
SB489,25,223
454.15
(1) Subject to the rules promulgated under s. 440.03 (1), the examining
24board may make investigations or conduct hearings to determine whether a person
1has violated this
chapter subchapter or any rule promulgated under this
chapter 2subchapter.
SB489, s. 94
3Section
94. 454.15 (2) (intro.) of the statutes is amended to read:
SB489,25,94
454.15
(2) (intro.) Subject to the rules promulgated under s. 440.03 (1) and this
5chapter subchapter, the examining board may revoke, limit, suspend
, or refuse to
6issue or renew, in accordance with the severity of the violation, a license or permit
7issued under this
chapter subchapter or reprimand the holder of a license or permit
8issued under this
chapter subchapter if it finds that the holder or applicant has done
9any of the following:
SB489, s. 95
10Section
95. 454.15 (2) (a) of the statutes is amended to read:
SB489,25,1211
454.15
(2) (a) Made a material misstatement in an application for license or
12permit or renewal
, or in an application to classify a license as an inactive license.
SB489, s. 96
13Section
96. 454.15 (2) (c) of the statutes is amended to read:
SB489,25,1614
454.15
(2) (c) Engaged in conduct in the practice of barbering
or, cosmetology,
15aesthetics, electrology
, or manicuring
which that evidences a lack of knowledge or
16ability to apply professional principles or skills.
SB489, s. 97
17Section
97. 454.15 (2) (d) of the statutes is amended to read:
SB489,25,2018
454.15
(2) (d) Subject to ss. 111.321, 111.322
, and 111.335, been convicted of a
19felony committed while engaged in the practice of barbering
or, cosmetology,
20aesthetics, electrology
, or manicuring.
SB489, s. 98
21Section
98. 454.15 (2) (i) of the statutes is amended to read:
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:
SB489,26,109
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.