LRB-0855/2
KP:amn&klm
2017 - 2018 LEGISLATURE
March 20, 2017 - Introduced by Representatives Kleefisch, Kooyenga, Allen,
Berceau, Brandtjen, R. Brooks, Doyle, Duchow, Felzkowski, Fields,
Horlacher, Hutton, Jarchow, Katsma, Knodl, Krug, Macco, Mursau,
Neylon, Skowronski and Spiros, cosponsored by Senators Kapenga, L.
Taylor, Craig, Darling, Nass and Stroebel. Referred to Committee on
Regulatory Licensing Reform.
AB167,2,4
1An Act to repeal 440.03 (13) (b) 5., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.03
2(13) (b) 19m., 440.03 (13) (b) 19s., 440.03 (13) (b) 27., 440.03 (13) (b) 35., 440.08
3(2) (a) 7., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 24g., 440.08 (2) (a)
424i., 440.08 (2) (a) 32., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag)
53., 440.62 (3) (ar) 3., 440.63 (1) (title), 440.63 (2), 440.63 (3), 454.01 (7s), 454.06
6(3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12), 454.22 (1) (b), 454.22 (1)
7(g), 454.23 (3) and 454.25 (1) (a);
to renumber and amend 440.63 (1) (a),
8440.63 (1) (am), 440.63 (1) (b), 440.63 (1) (c) and 440.63 (1) (d);
to amend 440.62
9(5) (a), 440.635, 440.64 (3) (b) (intro.), 440.64 (3) (c), 454.04 (1) (a), 454.04 (1) (b),
10454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d), 454.06 (4) (b) 2., 454.06
11(5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08 (1) (b), 454.08 (4), 454.08
12(6), 454.10 (3) (a), 454.13 (1) (intro.), 454.13 (2), 454.15 (2) (j), 454.22 (2), 454.23
13(4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25 (1) (b), 454.25 (4),
14454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.), 454.287 and 454.29 (2) (i); and
to
1create 454.08 (1) (am) and 454.25 (1) (am) of the statutes;
relating to:
2practicing barbering and cosmetology outside licensed establishments,
3regulating barbering and cosmetology managers, and instructor certificates for
4barbering, cosmetology, and related professions.
Analysis by the Legislative Reference Bureau
This bill permits the practice of cosmetology, aesthetics, manicuring, and
barbering outside of a licensed establishment if a person licensed to engage in that
practice owns, manages, is employed by, or is affiliated with an establishment
licensed to provide that service. Under current law, the Cosmetology Examining
Board, in the case of cosmetology, aesthetics, and manicuring, and the Department
of Safety and Professional Services, in the case of barbering, are authorized to
promulgate rules permitting those practices outside of a licensed establishment only
for services provided to persons who are homebound or in a hospital, nursing home,
correctional institution, or other institution.
The bill also eliminates the separate licensure of cosmetology managers and
barbering managers. Managers of cosmetology establishments and barbering
establishments are required to ensure that those establishments operate in
compliance with laws and rules regulating the provision of cosmetology and
barbering services. Under the bill, a licensed cosmetologist must be designated as
the manager, required to ensure such compliance, of a cosmetology establishment,
and either a licensed cosmetologist or a licensed barber must be designated as the
manager, required to ensure such compliance, of a barbering establishment. The bill
converts a person who was formerly licensed as a cosmetology manager into a
licensed cosmetologist and a person who was formerly licensed as a barbering
manager into a licensed barber.
This bill also eliminates the requirement for cosmetologists, aestheticians,
electrologists, manicurists, and barbers to hold a certificate granted by DSPS in
order to provide instruction in their respective professions. Under current law,
cosmetologists, aestheticians, electrologists, and manicurists licensed by the
Cosmetology Examining Board must hold an additional certificate as an instructor
and meet certain other requirements in order to provide instruction in their
professions. Current law also requires barbers licensed by DSPS to hold an
additional certificate as an instructor and meet certain other requirements in order
to provide practical instruction in barbering.
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:
AB167,1
1Section
1. 440.03 (13) (b) 5. of the statutes is repealed.
AB167,2
2Section 2
. 440.03 (13) (b) 14. of the statutes is repealed.
AB167,3
3Section 3
. 440.03 (13) (b) 15. of the statutes is repealed.
AB167,4
4Section 4
. 440.03 (13) (b) 19m. of the statutes is repealed.
AB167,5
5Section 5
. 440.03 (13) (b) 19s. of the statutes is repealed.
AB167,6
6Section 6
. 440.03 (13) (b) 27. of the statutes is repealed.
AB167,7
7Section 7
. 440.03 (13) (b) 35. of the statutes is repealed.
AB167,8
8Section 8
. 440.08 (2) (a) 7. of the statutes is repealed.
AB167,9
9Section 9
. 440.08 (2) (a) 17. of the statutes is repealed.
AB167,10
10Section 10
. 440.08 (2) (a) 18. of the statutes is repealed.
AB167,11
11Section 11
. 440.08 (2) (a) 24g. of the statutes is repealed.
AB167,12
12Section 12
. 440.08 (2) (a) 24i. of the statutes is repealed.
AB167,13
13Section 13
. 440.08 (2) (a) 32. of the statutes is repealed.
AB167,14
14Section 14
. 440.08 (2) (a) 43. of the statutes is repealed.
AB167,15
15Section
15. 440.60 (4s) of the statutes is repealed.
AB167,16
16Section
16. 440.60 (5s) of the statutes is repealed.
AB167,17
17Section
17. 440.62 (3) (ag) 3. of the statutes is repealed.
AB167,18
18Section
18. 440.62 (3) (ar) 3. of the statutes is repealed.
AB167,19
19Section
19. 440.62 (5) (a) of the statutes is amended to read:
AB167,3,2120
440.62
(5) (a) No specialty school may offer theoretical instruction for
21managers or apprentices.
AB167,20
22Section 20
. 440.63 (1) (title) of the statutes is repealed.
AB167,21
23Section 21
. 440.63 (1) (a) of the statutes is renumbered 440.63 (1m) and
24amended to read:
AB167,4,4
1440.63
(1m) No person may provide practical instruction in barbering unless
2the person holds a current
barbering instructor or cosmetology instructor certificate
3issued barber license granted by the department
or cosmetologist license granted by
4the cosmetology examining board.
AB167,22
5Section 22
. 440.63 (1) (am) of the statutes is renumbered 440.63 (2m) and
6amended to read:
AB167,4,97
440.63
(2m) No person may provide practical instruction in cosmetology unless
8the person holds a current
cosmetology instructor certificate issued by the
9department cosmetologist license granted by the cosmetology examining board.
AB167,23
10Section 23
. 440.63 (1) (b) of the statutes is renumbered 440.63 (3m) and
11amended to read:
AB167,4,1512
440.63
(3m) No person may provide practical instruction in aesthetics unless
13the person holds a current
aesthetics instructor or cosmetology instructor certificate
14issued by the department aesthetician license or cosmetologist license granted by the
15cosmetology examining board.
AB167,24
16Section 24
. 440.63 (1) (c) of the statutes is renumbered 440.63 (4) and
17amended to read:
AB167,4,2018
440.63
(4) No person may provide practical instruction in electrology unless the
19person holds a current
electrology instructor certificate issued by the department 20electrologist license granted by the cosmetology examining board.
AB167,25
21Section 25
. 440.63 (1) (d) of the statutes is renumbered 440.63 (5) and
22amended to read:
AB167,5,223
440.63
(5) No person may provide practical instruction in manicuring unless
24the person holds a current
manicuring instructor or cosmetology instructor
1certificate issued by the department manicurist license or cosmetologist license
2granted by the cosmetology examining board.
AB167,26
3Section 26
. 440.63 (2) of the statutes is repealed.
AB167,27
4Section 27
. 440.63 (3) of the statutes is repealed.
AB167,28
5Section 28
. 440.635 of the statutes is amended to read:
AB167,5,10
6440.635 Persons providing practical instruction in specialty schools. 7(1) No person may provide practical instruction in a specialty school of aesthetics
8unless the person holds a current
cosmetology manager cosmetologist license or
9aesthetician license issued by the cosmetology examining board
or a current
10cosmetology instructor or aesthetics instructor certificate issued by the department.
AB167,5,14
11(2) No person may provide practical instruction in a specialty school of
12electrology unless the person holds a current electrologist license
and a current
13cosmetology manager license issued by the cosmetology examining board
or an
14electrology instructor certificate issued by the department.
AB167,5,19
15(3) No person may provide practical instruction in a specialty school of
16manicuring unless the person holds a current
cosmetology manager cosmetologist
17license or manicurist license issued by the cosmetology examining board
or a current
18cosmetology instructor or manicuring instructor certificate issued by the
19department.
AB167,29
20Section 29
. 440.64 (3) (b) (intro.) of the statutes is amended to read:
AB167,5,2421
440.64
(3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
22department may reprimand a licensee
or certified instructor or deny, limit, suspend
, 23or revoke a license
or certificate under this subchapter if it finds that the applicant
, 24or licensee
or certified instructor has done any of the following:
AB167,30
25Section 30
. 440.64 (3) (c) of the statutes is amended to read:
AB167,6,4
1440.64
(3) (c) In addition to or in lieu of a reprimand or denial, limitation,
2suspension
, or revocation of a license
or certificate under par. (b), the department
3may assess against a school
, or specialty school
or instructor a forfeiture of not less
4than $100 nor more than $5,000 for each violation enumerated under par. (b).
AB167,31
5Section
31. 454.01 (7s) of the statutes is repealed.
AB167,32
6Section
32. 454.04 (1) (a) of the statutes is amended to read:
AB167,6,127
454.04
(1) (a) Except as permitted under pars. (b) and (d), sub. (1m), and subch.
8II, no person may engage in cosmetology unless the person has received training in
9the areas of service provided and holds a current cosmetologist license
or cosmetology
10manager license issued by the examining board that is not an inactive license or
11temporary permit issued by the examining board or is an apprentice under s. 454.10
12or a student in a cosmetology course of instruction.
AB167,33
13Section
33. 454.04 (1) (b) of the statutes is amended to read:
AB167,6,1914
454.04
(1) (b) No person may engage in aesthetics unless the person has
15received training in the areas of service provided and holds a current aesthetician
16license
, or cosmetologist license
, or cosmetology manager license issued by the
17examining board that is not an inactive license or temporary permit or training
18permit issued by the examining board or is an apprentice under s. 454.10 or a student
19in an aesthetics or cosmetology course of instruction.
AB167,34
20Section
34. 454.04 (1) (d) of the statutes is amended to read:
AB167,7,221
454.04
(1) (d) No person may engage in manicuring unless the person has
22received training in the areas of service provided and holds a current manicurist
23license
, or cosmetologist license
, or cosmetology manager license issued by the
24examining board that is not an inactive license or temporary permit or training
1permit issued by the examining board or is an apprentice under s. 454.10 or a student
2in a manicuring or cosmetology course of instruction.
AB167,35
3Section
35. 454.04 (2) (a) of the statutes is amended to read:
AB167,7,64
454.04
(2) (a) No person may use the title “cosmetologist" or any other similar
5title unless the person holds a current cosmetologist license
or cosmetology manager
6license issued by the examining board that is not an inactive license.