Wisconsin Legislature: 190,100

190,86 Section 86. 454.08 (5) of the statutes is amended to read:

454.08 (5) A person who is not licensed under s. 454.06 by the examining board may own or operate an establishment, but may not practice barbering or, cosmetology, aesthetics, electrology, or manicuring.

190,87 Section 87. 454.08 (6) of the statutes is amended to read:

454.08 (6) A person who owns one or more barber or cosmetologist establishments a cosmetology establishment shall employ at least one person as a manager who holds a cosmetology manager license and works full time in the establishments manages the establishment on a full-time basis. The cosmetology manager shall ensure that the establishment operates in compliance with this subchapter and rules promulgated by the examining board.

190,88 Section 88. 454.10 (2) of the statutes is amended to read:

454.10 (2) Apprentices shall receive at least 3,712 hours of practical training and at least 288 training hours of theoretical instruction in theory in a school of barbering or cosmetology in order to complete the apprenticeship program and be eligible to take the examination for a barber or cosmetologist license. Apprentices shall receive training for a total of at least 32 hours per week. The training shall be completed in not less than 2 years and not more than 4 years.

190,89 Section 89. 454.10 (3) (a) of the statutes is amended to read:

454.10 (3) (a) No apprentice under this section may practice barbering or cosmetology except under the supervision of a licensed cosmetology manager, whose cosmetology license is not an inactive license, or under the supervision of a licensed barber or cosmetologist , whose cosmetology license is not an inactive license, and to whom supervisory authority has been delegated by a licensed cosmetology manager. A licensed cosmetology manager may only delegate supervisory authority to a licensed barber or cosmetologist who has completed at least 2,000 hours of practice as a licensed barber or cosmetologist.

190,90 Section 90. 454.12 (intro.) of the statutes is amended to read:

454.12 Continuing education. (intro.) The examining board may impose continuing education requirements on licensees a person who holds a license under this subchapter that is not an inactive license either:

190,91 Section 91. 454.13 (1) (intro.) of the statutes is amended to read:

454.13 (1) (intro.) Upon application and payment of the fee specified in s. 440.05 (2), the examining board may issue a license to practice barbering or cosmetology, aesthetics, electrology, or manicuring or to practice as a cosmetology manager to an applicant who is licensed in another state or territory of the United States or in another country to perform services which that are substantially the same as those performed by licensees in this state and to whom either of the following applies:

190,92 Section 92. 454.13 (2) of the statutes is amended to read:

454.13 (2) The examining board may enter into reciprocal agreements with officials of other states for licensing barbers or cosmetologists, aestheticians, electrologists, manicurists, and cosmetology managers and grant licenses to persons licensed in other states according to the terms of such an agreement.

190,93 Section 93. 454.15 (1) of the statutes is amended to read:

454.15 (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations or conduct hearings to determine whether a person has violated this chapter subchapter or any rule promulgated under this chapter subchapter.

190,94 Section 94. 454.15 (2) (intro.) of the statutes is amended to read:

454.15 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1) and this chapter subchapter, the examining board may revoke, limit, suspend, or refuse to issue or renew, in accordance with the severity of the violation, a license or permit issued under this chapter subchapter or reprimand the holder of a license or permit issued under this chapter subchapter if it finds that the holder or applicant has done any of the following:

190,95 Section 95. 454.15 (2) (a) of the statutes is amended to read:

454.15 (2) (a) Made a material misstatement in an application for license or permit or renewal, or in an application to classify a license as an inactive license.

190,96 Section 96. 454.15 (2) (c) of the statutes is amended to read:

454.15 (2) (c) Engaged in conduct in the practice of barbering or, cosmetology, aesthetics, electrology, or manicuring which that evidences a lack of knowledge or ability to apply professional principles or skills.

190,97 Section 97. 454.15 (2) (d) of the statutes is amended to read:

454.15 (2) (d) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a felony committed while engaged in the practice of barbering or, cosmetology, aesthetics, electrology, or manicuring.

190,98 Section 98. 454.15 (2) (i) of the statutes is amended to read:

454.15 (2) (i) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.

190,99 Section 99. 454.15 (2) (j) of the statutes is created to read:

454.15 (2) (j) Violated subch. II or any rule promulgated under subch. II.

190,100 Section 100. 454.16 of the statutes is amended to read:

454.16 Penalties. Any person who violates this chapter subchapter or any rule promulgated under this chapter subchapter shall be fined not less than $100 nor more than $5,000 or imprisoned for not less than 10 days nor more than 90 days or both.

190,101 Section 101. Subchapter II of chapter 454 [precedes 454.20] of the statutes is created to read:

chapter 454

subchapter II
barbering

454.20 Definitions. In this subchapter:

(1) "Barber" means a person who practices barbering.

(2) "Barbering" means, for compensation, arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waving, 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.

(3) "Barbering manager" means a person who practices barbering and who is responsible for managing the operation of a barbering establishment.

(5) "Cosmetology" has the meaning given in s. 454.01 (7m).

(6) "Establishment" has the meaning given in s. 454.01 (10).

(7) "Licensed barber" means a person licensed by the department under s. 454.23 (2) whose license is not an inactive license under s. 454.23 (6).

(8) "Licensed barbering establishment" means an establishment licensed by the department under s. 454.25 (2).

(9) "Licensed barbering manager" means a person licensed by the department under s. 454.23 (3) whose license is not an inactive license under s. 454.23 (6).

(10) "Licensed cosmetologist" means a person licensed by the cosmetology examining board under s. 454.06 (2) whose license is not an inactive license under s. 454.06 (8m).

(11) "Licensed cosmetology establishment" means an establishment licensed by the cosmetology examining board under s. 454.08 (2) (a).

(12) "Licensed cosmetology manager" means a person licensed by the cosmetology examining board under s. 454.06 (3) whose license is not an inactive license under s. 454.06 (8m).

(13) "Student" has the meaning given in s. 454.01 (15).

(14) "Training hour" has the meaning given in s. 454.01 (16).

454.21 Limitations and exceptions. Barbering does not include any of the following:

(a) 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.

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

454.22 Practice. (1) No person may engage in barbering unless the person is one of the following:

(a) A licensed barber.

(b) A licensed barbering manager.

(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.

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

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

(2) No person may use the title "barber" or "hairstylist" or any other similar title unless the person is a licensed barber, licensed barbering manager, licensed cosmetologist, or licensed cosmetology manager.

454.23 Licensure. (1) Application. An applicant for licensure under this section shall submit an application to the department on a form prescribed by the department.

(2) Barber license. The department shall grant a barber license to any person who submits an application under sub. (1) and satisfies all of the following conditions:

(a) The applicant pays the initial credential fee determined by the department under s. 440.03 (9) (a), except as provided in s. 454.27 (1).

(b) Subject to ss. 111.321, 111.322, and 111.335, the applicant presents evidence satisfactory to the department that the applicant has not been convicted of a felony committed while engaged in the practice of barbering.

(c) The applicant graduates from high school or attains high school graduation equivalency as determined by the department of public instruction; is participating in a program approved by the department; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d).

(d) The applicant graduates from a course of instruction in barbering of at least 1,000 training hours in barbering in not less than 10 months in a school of barbering licensed under s. 440.62 (3) (ag), a school of cosmetology licensed under s. 440.62 (3) (ar), or a school that is exempted under s. 440.61 or the applicant successfully completes an apprenticeship under s. 454.26.

(e) The applicant passes an examination conducted by the department to determine fitness to practice barbering.

(3) Barbering manager license. The department shall grant a barbering manager license to any person who satisfies all of the following conditions:

(a) The person is a licensed barber or licensed cosmetologist.

(b) The person completes 4,000 hours of practice as a licensed barber or licensed cosmetologist under the supervision of a licensed barbering manager or licensed cosmetology manager or completes 2,000 hours of practice as a licensed barber or licensed cosmetologist and 150 training hours of theoretical instruction in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or school of cosmetology licensed under s. 440.62 (3) (ar) or exempted under s. 440.61.

(d) Passes an examination conducted by the department to determine fitness to practice as a barbering manager.

(4) Posting of license certificate. The department shall issue a certificate to each person licensed under sub. (2) or (3), certifying that the holder is a licensed barber or licensed barbering manager. The licensee shall post the certificate in a conspicuous place in the primary establishment where the licensee practices.

(5) Expiration and renewal. The renewal dates for licenses granted under subs. (2) and (3) are specified under s. 440.08 (2) (a), and the renewal fees for those licenses are determined by the department under s. 440.03 (9) (a).

(6) Inactive license. (a) Any person who is issued a license under sub. (2) or (3) may apply to the department to classify that license as inactive. Upon application under this paragraph, the department may classify a license as inactive if the department determines that the person who holds that license is in good standing with the department and intends to refrain from barbering during the period that the license is inactive.

(b) An inactive license is subject to sub. (5), except that the amount of the renewal fee for an inactive license shall be one-half of the amount of the renewal fee determined by the department for the license under s. 440.03 (9) (a).

(c) The department may remove the inactive classification of an inactive license if the person who holds that inactive license applies to the department to remove the inactive classification and the person meets any additional requirements of the department.

(d) A person whose license is inactive under this subsection may perform minimal barbering work, as determined by the department by rule.

(7) Temporary permit. (a) The department may grant a temporary permit to practice as a barber if an applicant under sub. (2) satisfies all of the conditions under sub. (2) except passage of the examination for licensure and the applicant is scheduled to take that examination.

(b) A temporary permit granted under par. (a) is valid for 6 months and may not be renewed. The fee for a temporary permit is specified in s. 440.05 (6).

454.24 Examinations. (1) The department shall, in accordance with s. 440.07 (2), conduct examinations for barber licenses at least 8 times annually, at times and places determined by the department.

(2) The examination for a license under s. 454.23 (2) or (3) shall consist of written tests and practical demonstrations requiring applicants to demonstrate minimum competency in services and subjects substantially related to the practice of a barber or barbering manager, as appropriate, and public health and safety.

(3) A person is not eligible for examination for a license granted under s. 454.23 (2) or (3) unless the person completes the requirements for licensure under s. 454.23 (2) or (3) except passage of the examination.

(4) An applicant for a license under s. 454.23 (2) or (3) shall file an application for examination in the office of the department at least 3 weeks before the examination. If an applicant fails to file the application within the required time, the department may postpone the applicant's examination to the date of the next available regular examination. The department may require an applicant who fails to appear for or to complete an examination to reapply for examination. An applicant who fails an examination may request reexamination and shall pay a fee for reexamination, according to the procedures and fees established under s. 440.06.

454.25 Barbering establishment license. (1) (a) The department may promulgate rules permitting the provision of barbering services outside of a licensed barbering establishment or a licensed cosmetology establishment by a barber to a person who is unable to leave his or her home because of illness or disability or who is in a hospital, nursing home, correctional institution, or other institution.

(b) Except as permitted by rule promulgated under par. (a), no person may practice barbering in an establishment unless the establishment is a licensed barbering establishment or licensed cosmetology establishment.