SB109: Bill Text Engrossed

LRB-3849/1

KP:all

2017 - 2018 LEGISLATURE

Engrossed 2017 Senate BILL 109

June 22, 2017 - Printed by direction of Assembly Chief Clerk.

SB109-engrossed,2,2 An Act to repeal 440.03 (13) (b) 15., 440.03 (13) (b) 19s., 440.08 (2) (a) 7., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a) 32., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag) 3., 440.62 (3) (ar) 3., 454.01 (7s), 454.06 (3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12), 454.22 (1) (b), 454.22 (1) (g), 454.23 (3) and 454.25 (1) (a); to amend 440.62 (5) (a), 440.63 (1), 440.63 (2), 440.635, 440.64 (3) (b) (intro.), 440.64 (3) (c), 454.04 (1) (a), 454.04 (1) (b), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d), 454.06 (4) (b) 2., 454.06 (5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08 (1) (b), 454.08 (4), 454.08 (6), 454.10 (3) (a), 454.13 (1) (intro.), 454.13 (2), 454.22 (2), 454.23 (4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25 (1) (b), 454.25 (4), 454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.) and 454.287; and to create 440.63 (1m), 454.08 (1) (ag), 454.08 (1) (ar), 454.25 (1) (ag) and 454.25 (1) (ar) of the statutes; relating to: practicing barbering and cosmetology outside licensed establishments, regulating barbering and cosmetology managers, instructor certificates for barbering, cosmetology, and related professions, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 2017 Senate Bill 109, as passed by the senate on June 14, 2017, consists of the following documents adopted in the senate on June 14, 2017: the bill as affected by Senate Amendment 5 and Senate Amendment 7.

Content of Engrossed 2017 Senate Bill 109:

Under this bill, a person licensed to practice cosmetology, aesthetics, manicuring, or barbering may engage in that practice outside of a licensed establishment if the following conditions are satisfied: 1) the person owns, manages, is employed by, or is affiliated with an establishment that is licensed to provide that service; 2) the person brings to the location where the person performs services a copy of the license furnished to the person; and 3) the service provided by the person does not involve the use of a chemical process, except for cutting hair, styling hair, or applying cosmetics. In addition, the bill requires the Cosmetology Examining Board to promulgate rules permitting the practice of electrology outside of a licensed establishment and to promulgate rules permitting the use of a chemical process in the practice of cosmetology, aesthetics, or manicuring outside of a licensed establishment. Also, the Department of Safety and Professional Services is required to promulgate rules permitting the use of a chemical process in the practice of barbering. Under current law, the Board, in the case of cosmetology, aesthetics, and manicuring, and DSPS, 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 be granted a certification by DSPS in order to provide instruction in their respective professions. The bill prohibits DSPS from requiring an instructor certification to be renewed. Current law requires renewal of an instructor certification every two years. The bill also prohibits a person from representing himself or herself as a Wisconsin certified cosmetology, aesthetics, electrology, manicuring, or barbering instructor or using any of those titles unless the person is granted the applicable instructor certification.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB109-engrossed,3 Section 3. 440.03 (13) (b) 15. of the statutes is repealed.

SB109-engrossed,5 Section 5. 440.03 (13) (b) 19s. of the statutes is repealed.

SB109-engrossed,8 Section 8. 440.08 (2) (a) 7. of the statutes is repealed.

SB109-engrossed,9 Section 9. 440.08 (2) (a) 17. of the statutes is repealed.

SB109-engrossed,10 Section 10. 440.08 (2) (a) 18. of the statutes is repealed.

SB109-engrossed,11 Section 11. 440.08 (2) (a) 24g. of the statutes is repealed.

SB109-engrossed,12 Section 12. 440.08 (2) (a) 24i. of the statutes is repealed.

SB109-engrossed,13 Section 13. 440.08 (2) (a) 32. of the statutes is repealed.

SB109-engrossed,14 Section 14. 440.08 (2) (a) 43. of the statutes is repealed.

SB109-engrossed,15 Section 15. 440.60 (4s) of the statutes is repealed.

SB109-engrossed,16 Section 16. 440.60 (5s) of the statutes is repealed.

SB109-engrossed,17 Section 17. 440.62 (3) (ag) 3. of the statutes is repealed.

SB109-engrossed,18 Section 18. 440.62 (3) (ar) 3. of the statutes is repealed.

SB109-engrossed,19 Section 19. 440.62 (5) (a) of the statutes is amended to read:

SB109-engrossed,3,16 440.62 (5) (a) No specialty school may offer theoretical instruction for managers or apprentices.

SB109-engrossed,20g Section 20g. 440.63 (1) of the statutes is amended to read:

SB109-engrossed,4,2 440.63 (1) Instructor certification required Instructors. (a) No person may provide practical instruction in barbering unless the person holds a current barbering instructor or cosmetology instructor certificate issued barber license granted by the department or cosmetologist license granted by the cosmetology examining board.

SB109-engrossed,4,5 (am) No person may provide practical instruction in cosmetology unless the person holds a current cosmetology instructor certificate issued by the department cosmetologist license granted by the cosmetology examining board.

SB109-engrossed,4,9 (b) No person may provide practical instruction in aesthetics unless the person holds a current aesthetics instructor or cosmetology instructor certificate issued by the department aesthetician license or cosmetologist license granted by the cosmetology examining board.

SB109-engrossed,4,12 (c) No person may provide practical instruction in electrology unless the person holds a current electrology instructor certificate issued by the department electrologist license granted by the cosmetology examining board.

SB109-engrossed,4,16 (d) No person may provide practical instruction in manicuring unless the person holds a current manicuring instructor or cosmetology instructor certificate issued by the department manicurist license or cosmetologist license granted by the cosmetology examining board.

SB109-engrossed,20r Section 20r. 440.63 (1m) of the statutes is created to read:

SB109-engrossed,4,22 440.63 (1m) Use of title. (a) No person may use the title “Wisconsin certified barbering instructor,” use any title that implies that he or she is a Wisconsin certified barbering instructor, or represent himself of herself to be a Wisconsin certified barbering instructor unless the person is certified as a barbering instructor under this subchapter.

SB109-engrossed,5,2 (b) No person may use the title “Wisconsin certified cosmetology instructor,” use any title that implies that he or she is a Wisconsin certified cosmetology instructor, or represent himself of herself to be a Wisconsin certified cosmetology instructor unless the person is certified as a cosmetology instructor under this subchapter.

SB109-engrossed,5,6 (c) No person may use the title “Wisconsin certified aesthetics instructor,” use any title that implies that he or she is a Wisconsin certified aesthetics instructor, or represent himself of herself to be a Wisconsin certified aesthetics instructor unless the person is certified as an aesthetics instructor under this subchapter.

SB109-engrossed,5,10 (d) No person may use the title “Wisconsin certified electrology instructor,” use any title that implies that he or she is a Wisconsin certified electrology instructor, or represent himself of herself to be a Wisconsin certified electrology instructor unless the person is certified as an electrology instructor under this subchapter.

SB109-engrossed,5,14 (e) No person may use the title “Wisconsin certified manicuring instructor,” use any title that implies that he or she is a Wisconsin certified manicuring instructor, or represent himself of herself to be a Wisconsin certified manicuring instructor unless the person is certified as a manicuring instructor under this subchapter.

SB109-engrossed,26m Section 26m. 440.63 (2) of the statutes is amended to read:

SB109-engrossed,6,3 440.63 (2) Applications; certification period. An application for initial certification or renewal or reinstatement of a certificate under this section shall be submitted to the department on a form provided by the department. An application for initial certification shall include the initial credential a one-time certification fee determined by the department using the procedures established under s. 440.03 (9) (a). Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a), and the applicable penalty for late renewal under s. 440.08 (3) if the application is submitted late, except that no certification fee is required under this section for an individual who is eligible for the veterans fee waiver program under s. 45.44. The department may not require renewal of a certificate issued under this section.

SB109-engrossed,28 Section 28. 440.635 of the statutes is amended to read:

SB109-engrossed,6,9 440.635 Persons providing practical instruction in specialty schools. (1) No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current cosmetology manager cosmetologist license or aesthetician license issued by the cosmetology examining board or a current cosmetology instructor or aesthetics instructor certificate issued by the department.

SB109-engrossed,6,13 (2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license and a current cosmetology manager license issued by the cosmetology examining board or an electrology instructor certificate issued by the department.

SB109-engrossed,6,18 (3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetology manager cosmetologist license or manicurist license issued by the cosmetology examining board or a current cosmetology instructor or manicuring instructor certificate issued by the department.

SB109-engrossed,29 Section 29. 440.64 (3) (b) (intro.) of the statutes is amended to read:

SB109-engrossed,6,23 440.64 (3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensee or certified instructor or deny, limit, suspend, or revoke a license or certificate under this subchapter if it finds that the applicant, or licensee or certified instructor has done any of the following: