Related statute or rule: Wisconsin Administrative Code, chs. Cos 1 to Cos 10. Plain language analysis: Chapters SPS 50 and 60 to 65 currently contain the administrative code relating to the practice of barbering. 2017 Wisconsin Act 81 eliminated continuing education requirements for barbers yet allowed the department to require continuing education for a licensee as part of the disciplinary process. 2017 Wisconsin Act 81 eliminated the required 4,000 hours of experience for applicants who have a credential in another jurisdiction and apply for a Wisconsin reciprocal license. Under the Act, a currently licensed out-of-state applicant is now required to complete a one-hour course educating them on the Wisconsin statutes and administrative rules that apply to their practice. The Act also requires notification to all current Wisconsin license holders of any changes to the statutes and rules relating to barbering prior to the renewal of a barbering license. Wisconsin Act 82 eliminated the barbering manager license and allowed for the practice of barbering outside of a licensed establishment under certain circumstances. The Act also eliminated the requirement that an individual providing practical instruction in barbering hold a barbering or cosmetology instructor license; the requirement now only reflects the instructor be licensed as a barber or cosmetologist.
As a result of these changes, the Department of Safety and Professional Services is updating the rules governing the practice of barbering based upon passage of 2017 Wisconsin Act 81 and 2017 Wisconsin Act 82 to make them consistent with current industry, regulatory, and academic practices. Summary of, and comparison with, existing or proposed federal regulation: None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: No comments were received on the statement of scope.
Comparison with rules in adjacent states:
Illinois: In Illinois, barbers, barbering schools, and barbering establishments are regulated by the Illinois Department of Financial and Professional Regulation. [225 ILCS 410, Illinois Administrative Code title 68 §§ 1175.200-375; 1300-1335] Illinois does not require barbers to complete continuing education.
Illinois licenses barbers by reciprocity if the applicant holds a license that is “the same or substantially similar to” the license issued in Illinois. There are no specific requirements for hours of experience or state exams. [Ill. Admin. Code tit. 68 § 1175.220]
Illinois licenses barber teachers, barber teacher licenses expire on July 31 of each odd numbered year, and it appears that a license is required to provide instruction in Illinois barbering schools. [Ill. Admin. Code tit. 68 §§ 1175.205; 300-375]
Illinois licenses barbering establishments but does not appear to license managers or require a licensed manager to obtain an establishment license. [Ill. Admin. Code tit. 68 §§ 1175.1300-1335]
Illinois allows certain barbering practices outside of a traditional licensed shop or salon, but generally requires a registration for each location where services are provided. [Ill. Admin. Code tit. 68 § 1175.1300]
Iowa: In Iowa, barbers are regulated by the Iowa Board of Barbering. [645 Iowa Administrative Code chs. 21-25] Iowa requires barbers to complete three hours of continuing education per biennium, with a minimum of one hour in the area of Iowa barbering laws and administrative regulations. [645 Iowa Admin. Code ch. 24] Iowa allows reciprocal licensure for any individual who has held an active license in another qualifying jurisdiction for at least 12 months during the past 24 months, provides verification from every state in which the applicant has been licensed as a barber, completes one hour of instruction on Iowa barbering laws and administrative rules and sanitation, and passes a national written and practical examination. [645 Iowa Admin. Code § 21.5]
Iowa licenses barbering instructors and instructors are generally required to renew their license every two years. [645 Iowa Admin. Code ch. 21] All instructors in Iowa must have an instructor license. [645 Iowa Admin. Code § 23.9] Iowa barbering establishments are licensed and may be licensed as either a stationary or mobile barber shop. [645 Iowa Admin. Code § 21.11] The rules do not require a licensed manager but do require that anyone who directly supervises barbers be licensed either as a barber or a cosmetologist. [Iowa Code § 158.10] Iowa licensed barbers may not practice barbering in any place other than a licensed barber shop, barber school, or salon, except “under extenuating circumstances arising from physical or mental disability or death of a customer.” [Iowa Code § 158.13] Michigan: Michigan barbers are regulated by the Michigan Licensing and Regulatory Affairs Bureau of Professional Licensing and overseen by the Michigan State Board of Barbers. Michigan does not require barbers to complete continuing education.
Michigan allows reciprocal licensure for individuals who has held a license in another jurisdiction for one out of the three years immediately preceding the date of applications if the requirements for licensure are substantially equivalent but may deny licensure if the applicant has been disciplined or has disciplinary action pending. [Michigan Compiled Laws § 1108]
Michigan licenses barber instructors, licenses are required for all instructors, and licenses must be renewed every two years. [Mich. Comp. Laws § 339.1109; 1110] Michigan barbering establishments must be licensed, though there do not appear to be restrictions on who may own an establishment or a requirement for a licensed manager. [Mich. Comp. Laws § 339.1111] Michigan licensed barbers may not practice barbering outside of licensed establishments except to a patient in a hospital, nursing home, home for the aged, or similar facility, or to a person in the person’s home if it is impractical or unsafe for the person to travel due to frailty, age, injury. [Mich. Comp. Laws § 339.1117] Minnesota: Minnesota barbers are regulated by the Minnesota Board of Barber Examiners. Minnesota does not require barbers to complete continuing education.
Minnesota allows reciprocal licensure without examination for individuals who hold a current credential in another US jurisdiction with substantially the same requirements as Minnesota. Reciprocal licensure with examination is available for individuals who do not have a current credential but provide verified evidence of at least 1500 hours of verified barber education within the previous four years that meets substantially the same requirements as those required in Minnesota statutes. [Minn. Stat. §154.11] Minnesota licenses barbering instructors, licenses are required for all instructors, and licenses must be renewed every year. [Minn. Stat. §§ 154.01 (e), 154.15] Minnesota barbering establishments must be licensed, and all establishments must be under the direct supervision and management of a registered barber. [Minn. Stat. § 154.01 (d)] Minnesota excludes from the definition of barbering, and therefore from requirements relating to performance of services only in licensed establishments, persons who perform barbering services for charitable purposes and without compensation in nursing homes, shelters, missions, individual homes, or other similar facilities. [Minn. Stat. § 154.04] Summary of factual data and analytical methodologies:
The methodology used for developing the proposed rule included reviewing previous Wisconsin legislation.
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 Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-2112. 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 608-267-7139; email at DSPSAdminRules@wisconsin.gov. 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).
