Department Of Safety And Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING CLEARINGHOUSE RULE 15-028
ORDER
An order of the Department of Safety and Professional Services to repeal SPS 61.02; to amend SPS 50.110 (3) (Note), 50.300 (1), 50.310 (3) (b), 60.02 (1), 61.01, 61.03 (1) (intro.), 61.04 (1) and (2), 61.05 (intro.), 61.06 (2) and (2) (Figure 61.06) (title), 61.06 (4), 61.07, 65.02 (1) (Note), and 65.03 (1) and (3) (Figure 65.03) (title); to repeal and recreate SPS 50.310 Table, and to create SPS 50.110 (1m), 50.300 (intro.), 61.03 (intro.) (Note), 61.04 (2) (Note), 61.05 (intro.) (Note), 61.07 (Note), and 65.02 (2) (Note) relating to barbering and schools of barbering, cosmetology, aesthetics, electrology, and manicuring.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
The Department of Safety and Professional Services (Department) is authorized by the legislature, pursuant to s. 227.11 (2) (a), Stats., to promulgate rules interpreting the provisions of any statute it enforces or administers. Section 440.62. (3) (ag), Stats., sets forth the requirements the Department must adhere to when issuing licenses to schools of barbering. Section 454.245, Stats., requires the Department to identify, by rule, the accrediting agencies it approves to accredit schools. Related statute or rule:
Wisconsin Administrative Code Chapters Cos 1 to 11 Plain language analysis:
The proposed rule addresses changes prompted by the passage of recent legislation. 2011 Wisconsin Act 190 severed the Barbering and Cosmetology Examining Board and transferred the regulation of the practice of barbering to the Department of Safety and Professional Services. Act 190 added several new definitions to s. 440.60, Stats., which required updating s. SPS 60.02. 2013 Wisconsin Act 205 reduced the number of hours of practical training that an apprentice in barbering must acquire from 3,712 hours to 1,712 hours. This change required amending the syllabus for apprentice training experience set forth in s. 50.310 table. Lastly, 2013 Wisconsin Act 356 created a provision requiring the Department to identify, by rule, the accrediting agencies it approves to accredit barbering schools. The proposed rule also updates the renewal date for barbering and cosmetology schools. The proposed rule additionally repeals s. SPS 61.02 as these provisions no longer accurately reflect the fees for licenses issued to schools and specialty schools. Section 440.62 (2), Stats., allows the Department to determine the licensure fees in accordance with s. 440.03 (9) (a), Stats., which establishes a biennial recalculation of credential fees. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois: Licenses for barbers, barber teachers, and barber schools expire July 31st of each odd numbered year. Ill. Admin. Code tit. 68 § 1175.225. No apprenticeship requirements or accreditation standards were found.
Iowa: Licensed barbering schools in Iowa must renew on an annual basis. Iowa Code § 158.7 Iowa accepts Barbering schools required course of study consists of 2,100 hours of instruction. Iowa Code § 158.8. Apprenticeship hours earned in other states may be applied towards the required 2,100 hours course of study. 645 Iowa Admin. Code r. 23.15.
Michigan: Licenses for barbers, barber instructors, barbershops, and barber colleges are renewed on a 2-year cycle expiring on September 30th. A barber college’s license is automatically revoked if there is a transfer of ownership or change of location. Mich. Comp. Laws § 339.1110. No apprenticeship requirements or accreditation standards were found. Minnesota: Barbers, barber shops, barber instructors, and barber schools are registered in Minnesota. Minn. Stats. 154.01. Barber schools must renew their registration on an annual basis. Minn. R. 2100.5600. Minnesota registers apprentices; however the statutes and rules were silent as to apprentice training experience requirements.
Summary of factual data and analytical methodologies:
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for a period of 14 days for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals and no comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Katie Paff, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4472; email at Kathleen.Paff@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. SPS 50.110 (1m) is created to read:
SPS 50.110 (1m) “Apprentice” means a person who is learning the practice of barbering under s. 454.26, Stats. Section 2. SPS 50.110 (3) (Note) is amended to read:
SPS 50.110 (3) Note: Section 454.20 (2) of the Statutes reads as follows: " `Barbering' means, for compensation, arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waxing, waving, straightening, cutting, shaving, trimming, relaxing, singeing, or performing similar work upon the hair of the head, neck, or face of any person by any means. "Barbering" does not include the removal of a person's hair at the root or the application of temporary or permanent eyelash extensions to the eyelashes of a person." The definition of barbering specifically allows barbers to perform waxing but prohibits barbers from performing all other forms of hair removal at the root. Section 3. SPS 50.300 (intro.) is created to read:
