CR 23-055 Rule Text

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 [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: