LRB-3849/1
KP:all
2017 - 2018 LEGISLATURE
June 22, 2017 - Printed by direction of Assembly Chief Clerk.
SB109-engrossed,2,2
1An Act to repeal 440.03 (13) (b) 15., 440.03 (13) (b) 19s., 440.08 (2) (a) 7., 440.08
2(2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a)
332., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag) 3., 440.62 (3) (ar)
43., 454.01 (7s), 454.06 (3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12),
5454.22 (1) (b), 454.22 (1) (g), 454.23 (3) and 454.25 (1) (a);
to amend 440.62 (5)
6(a), 440.63 (1), 440.63 (2), 440.635, 440.64 (3) (b) (intro.), 440.64 (3) (c), 454.04
7(1) (a), 454.04 (1) (b), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d),
8454.06 (4) (b) 2., 454.06 (5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08
9(1) (b), 454.08 (4), 454.08 (6), 454.10 (3) (a), 454.13 (1) (intro.), 454.13 (2), 454.22
10(2), 454.23 (4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25 (1) (b),
11454.25 (4), 454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.) and 454.287; and
to
12create 440.63 (1m), 454.08 (1) (ag), 454.08 (1) (ar), 454.25 (1) (ag) and 454.25
13(1) (ar) of the statutes;
relating to: practicing barbering and cosmetology
14outside licensed establishments, regulating barbering and cosmetology
1managers, instructor certificates for barbering, cosmetology, and related
2professions, 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,3,1615
440.62
(5) (a) No specialty school may offer theoretical instruction for
16managers or apprentices.
SB109-engrossed,4,218
440.63
(1) Instructor certification required Instructors. (a) No person may
19provide practical instruction in barbering unless the person holds a current
20barbering instructor or cosmetology instructor certificate issued barber license
1granted by the department
or cosmetologist license granted by the cosmetology
2examining board.
SB109-engrossed,4,53
(am) No person may provide practical instruction in cosmetology unless the
4person holds a current
cosmetology instructor certificate issued by the department 5cosmetologist license granted by the cosmetology examining board.
SB109-engrossed,4,96
(b) No person may provide practical instruction in aesthetics unless the person
7holds a current
aesthetics instructor or cosmetology instructor certificate issued by
8the department aesthetician license or cosmetologist license granted by the
9cosmetology examining board.
SB109-engrossed,4,1210
(c) No person may provide practical instruction in electrology unless the person
11holds a current
electrology instructor certificate issued by the department 12electrologist license granted by the cosmetology examining board.
SB109-engrossed,4,1613
(d) No person may provide practical instruction in manicuring unless the
14person holds a current
manicuring instructor or cosmetology instructor certificate
15issued by the department manicurist license or cosmetologist license granted by the
16cosmetology examining board.
SB109-engrossed,4,2218
440.63
(1m) Use of title. (a) No person may use the title “Wisconsin certified
19barbering instructor,” use any title that implies that he or she is a Wisconsin certified
20barbering instructor, or represent himself of herself to be a Wisconsin certified
21barbering instructor unless the person is certified as a barbering instructor under
22this subchapter.
SB109-engrossed,5,223
(b) No person may use the title “Wisconsin certified cosmetology instructor,”
24use any title that implies that he or she is a Wisconsin certified cosmetology
25instructor, or represent himself of herself to be a Wisconsin certified cosmetology
1instructor unless the person is certified as a cosmetology instructor under this
2subchapter.
SB109-engrossed,5,63
(c) No person may use the title “Wisconsin certified aesthetics instructor,” use
4any title that implies that he or she is a Wisconsin certified aesthetics instructor, or
5represent himself of herself to be a Wisconsin certified aesthetics instructor unless
6the person is certified as an aesthetics instructor under this subchapter.
SB109-engrossed,5,107
(d) No person may use the title “Wisconsin certified electrology instructor,” use
8any title that implies that he or she is a Wisconsin certified electrology instructor, or
9represent himself of herself to be a Wisconsin certified electrology instructor unless
10the person is certified as an electrology instructor under this subchapter.
SB109-engrossed,5,1411
(e) No person may use the title “Wisconsin certified manicuring instructor,” use
12any title that implies that he or she is a Wisconsin certified manicuring instructor,
13or represent himself of herself to be a Wisconsin certified manicuring instructor
14unless the person is certified as a manicuring instructor under this subchapter.
SB109-engrossed,6,316
440.63
(2) Applications; certification period. An application for
initial 17certification
or renewal or reinstatement of a certificate under this section shall be
18submitted to the department on a form provided by the department. An application
19for
initial certification shall include
the initial credential a one-time certification fee
20determined by the department
using the procedures established under s. 440.03 (9)
21(a)
. Renewal applications shall be submitted to the department on a form provided
22by the department on or before the applicable renewal date specified under s. 440.08
23(2) (a) and shall include the applicable renewal fee determined by the department
24under s. 440.03 (9) (a), and the applicable penalty for late renewal under s. 440.08
25(3) if the application is submitted late, except that no certification fee is required
1under this section for an individual who is eligible for the veterans fee waiver
2program under s. 45.44. The department may not require renewal of a certificate
3issued under this section.
SB109-engrossed,6,9
5440.635 Persons providing practical instruction in specialty schools. 6(1) No person may provide practical instruction in a specialty school of aesthetics
7unless the person holds a current
cosmetology manager cosmetologist license or
8aesthetician license issued by the cosmetology examining board
or a current
9cosmetology instructor or aesthetics instructor certificate issued by the department.
SB109-engrossed,6,13
10(2) No person may provide practical instruction in a specialty school of
11electrology unless the person holds a current electrologist license
and a current
12cosmetology manager license issued by the cosmetology examining board
or an
13electrology instructor certificate issued by the department.
SB109-engrossed,6,18
14(3) No person may provide practical instruction in a specialty school of
15manicuring unless the person holds a current
cosmetology manager cosmetologist
16license or manicurist license issued by the cosmetology examining board
or a current
17cosmetology instructor or manicuring instructor certificate issued by the
18department.
SB109-engrossed,29
19Section
29. 440.64 (3) (b) (intro.) of the statutes is amended to read:
SB109-engrossed,6,2320
440.64
(3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
21department may reprimand a licensee
or certified instructor or deny, limit, suspend
, 22or revoke a license
or certificate under this subchapter if it finds that the applicant
, 23or licensee
or certified instructor has done any of the following:
SB109-engrossed,7,4
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).
SB109-engrossed,7,127
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.
SB109-engrossed,7,1914
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.
SB109-engrossed,8,221
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.