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 SPS 50.300 (3) and Table 50.300-2 are repealed.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 SPS 50.310 (3) (a) is repealed and recreated to read: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 SPS 50.330 (3) (b) is repealed.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 (608) 266-2112.
Section 14. SPS 50.340 (1) (b) and (Note) are repealed.
Section 15. SPS 50.340 (2) is repealed and recreated to read:
SPS 50.340 (2) Reciprocity generally. Pursuant to s. 454.27, Stats., the department may grant a license to practice barbering without examination to a person from another state or territory of the United States or another country who holds a current license in the other jurisdiction to perform services that are substantially the same as those performed by a licensed barber in this state, pays the appropriate fee as indicated in s. 440.05, Stats., and one of the following applies:
(a) The applicant completes a one-hour department approved course on Wisconsin statutes and administrative code relating to barbering practice, has never been disciplined by the licensing authority of another jurisdiction, and is not currently a party to disciplinary proceedings in another jurisdiction.
(b) The department has entered into a written reciprocal agreement with the licensing authority of another state, after determining that the education and services practiced are substantially equivalent to those in Wisconsin.
Section 16. SPS 50.400 (3) is amended to read:
SPS 50.400 (3) Certification on the application for renewal that the licensee has, during the biennial reporting period immediately preceding application, complied with any applicable continuing education requirements in s. SPS 50.420 reviewed the digest under s. 454.267, Stats.
Section 17. SPS 50.401 is amended to read:
SPS 50.401 Late renewal. If the application for renewal is filed after the deadline in s. SPS 50.400 but less than 5 years after the expiration of the applicant's last license, the applicant shall comply with the continuing education certification requirements in s. SPS 50.420 50.400 (3), and pay the late renewal fee in s. 440.08 (3) (a), Stats., in addition to the renewal fee under s. SPS 50.400 (2).
Section 18. SPS 50.410 is amended to read:
SPS 50.410 Reinstatement of license. If an application for restoring a license occurs 5 years or more after expiration of the applicant’s most recent license, the applicant shall pass the examination specified in s. SPS 50.330 (3) prior to reinstatement of the license, no continuing education certification requirements under s. 50.400 (3) apply to that reinstatement, and the fees listed in s. SPS 50.401 shall be submitted to the department. However, renewal of the reinstated license is subject to the continuing education certification requirements of this chapter s. 50.400 (3).
Section 19. SPS 50.420 is repealed and recreated to read:
SPS 50.420 Continuing education. To ensure competency, the department may require specific remedial continuing education requirements for any licensee as part of a disciplinary process.
Section 20. SPS 50.421, 50.422, 50.423 and 50.424 are repealed.
Section 21. SPS 60.02 (1) is amended to read:
SPS 60.02 (1). “Aesthetician,” “aesthetics,” “barber,” “barbering,” “barbering manager,” “cosmetologist,” “cosmetology,” “cosmetology manager,”electrologist,” “electrology,” “establishment,” “manicuring,” “manicurist,” “practical instruction,” “school,” “specialty school,” “student,” “theoretical instruction,” and “training hour” have the meanings given under s. 440.60, Stats.
Section 22. SPS 65.01 is amended to read:
SPS 65.01 Application requirements for an initial instructor’s certificate. The department shall issue an instructor's certificate in the fields of barbering, cosmetology, aesthetics, manicuring, or electrology to any person who meets the requirements of s. 440.63 (3), Stats. Application shall be made on a form supplied by the department, and except as provided in s. 45.44, Stats., shall be submitted with the fee required by s. 440.05 (1), Stats.
Section 23. SPS 65.02 is repealed.
Section 24. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s. 227.22 (2) (intro.), Stats.
(END OF TEXT OF RULE)
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