CR 23-055 Rule Text

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rule was posted on the department’s website for 14 days to solicit economic impact comments from small businesses. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis 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 [e-mail], or by calling [phone].

Agency contact person:

Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

TEXT OF RULE

Section 1. SPS 50.100 and (Note) are amended to read:

SPS 50.100 Authority and scope. Pursuant to subch. II of ch. 454, Stats., this chapter applies to licensing of barbers, barbering managers, and barbering establishments.

Note: Under s. 454.22 (1), Stats. of the Statutes, “No person may engage in barbering unless the person is one of the following:

(a) A licensed barber.

(b) A licensed barbering manager.

(c) An apprentice in barbering under s. 454.26.

(d) A student in a barbering course of instruction.

(e) A person who holds a temporary permit to practice barbering granted by the department under s. 454.23 (7).

(f) A licensed cosmetologist.

(g) A licensed cosmetology manager.

(h) An apprentice in cosmetology under s. 454.10.

(i) A student in a cosmetology course of instruction.

(j) A person who holds a temporary permit to practice cosmetology granted by the cosmetology examining board under s. 454.06 (10).

Section 2. SPS 50.110 (4), (9), and (10) are repealed.

Section 3. SPS 50.110 (20) is repealed and recreated to read:

SPS 50.110 (20) “Manager" means a person who meets the criteria established in s. 454.25 (5), Stats.

Section 4. SPS 50.212 is repealed and recreated to read:

SPS 50.212 Practice outside of a licensed establishment. A person authorized to practice barbering under s. 454.22 (1), Stats. may provide barbering services outside of a licensed establishment if all the following are true:

(1) The person owns, manages, is employed by, or is affiliated with an establishment that is licensed to provide services under s. 454.08 (2) (a) or 454.25 (2), Stats.

(2) The person brings to the outside service location their active credential certificate, or a copy, provided to them under s. 454.23 (4), Stats.

(3) The person complies with all practice standards, equipment, and sanitation requirements provided in this chapter when providing barbering services outside of a licensed establishment.

(4) The services provided do not involve the use of a chemical process, with the exception of a chemical process in cleansing, cutting or styling hair.

Note: Section 454.21, Stats., states: 454.21 Limitations and Exceptions. Barbering does not include any of the following:

(1) A service performed by a person licensed, certified, or registered under the laws of this state as a physician, physician assistant, nurse, or funeral director if the service is within the scope of the license, certificate, or registration.

(2) A service performed in a correctional institution, hospital, or licensed nursing home under the supervision of a person responsible for inmate or patient care.

(3) 

(a) A service performed preparatory to a live public performance or appearance, whether in-person or through broadcast media, including the Internet.

(b) A service performed in the course of the production of any digital or analog recording of a moving or still image intended for public release or broadcast, including through the Internet.

Section 5. SPS 50.230 (3) and (4) are amended to read:

SPS 50.230 (3) In the absence of a manager, Owners shall maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of s. 440.63 (3) (a) 2. or 454.23 (2), Stats., for credentialing as an instructor, or barber, or manager, respectively. Owners shall maintain these records for a minimum of 5 years.

(4) Employ a at least one licensed barber or cosmetologist as a full-time manager who shall have direct authority over the operations of the establishment. If the manager of an establishment leaves employment or becomes otherwise unavailable, an owner may continue to operate the establishment for no more than 90 days without a manager. The owner shall notify the department that the manager is no longer employed or has become otherwise unavailable within 10 business days following the manager's last day of employment.

Section 6. SPS 50.231 (2) is repealed.

Section 7. SPS 50.231 (3) is amended to read:

SPS 50.231 (3) The manager shall, for a minimum of 5 years, maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of s. ss. 440.63 (3) (a) 2., and 454.23 (2), Stats., for credentialing as an instructor, or barber, or manager, respectively.

Section 8. SPS 50.300 (1g) and (1r) are amended to read:

SPS 50.300 (1g) Approved schools. An applicant for licensure as a barber or a barbering manager may receive instruction in a school licensed under s. 440.62 (3) (ag), Stats., exempted under s. 440.61, Stats., or accredited by any of the following:

(1r) General. Schools that provide instruction to students for a barber’s or barbering manager’s license shall develop curricula for instruction which are based on the applicable syllabus approved by the department. A school may not deviate from the hours listed for subjects in the appropriate syllabus included in this section.

Section 9. SPS 50.300 (3) and Table 50.300-2 are repealed.

Section 10. SPS 50.310 (3) (a) is repealed and recreated to read:

SPS 50.310 (3) (a) The establishment owner with whom an apprentice contracts shall employ a licensed barber or licensed cosmetologist who has completed at least 2,000 hours of professional practice to train and supervise the apprentice. An apprentice shall only work under the supervision of a licensed barber or a licensed cosmetologist.

Section 11. SPS 50.330 (3) (b) is repealed.

Section 12. SPS 50.330 (4) is amended to read:

SPS 50.330 (4) Passing scores. The passing score of the examinations for licensure as a barber or manager shall be based on the department’s determination of the level of examination performance needed for minimum competence in the profession.

Section 13. SPS 50.340 (1) (a) (Note 2) is created to read:

SPS 50.340 (1) (a) Note: Application forms are available on the department's website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or call [phone].

Section 14. SPS 50.340 (1) (b) and (Note) are repealed.

Section 15. SPS 50.340 (2) is repealed and recreated to read: