AB658: Bill Text

AB658,32,13 (3) The board shall, by rule, establish minimum standards concerning the maintenance, equipment, plans, and specifications for licensed barbering establishments as they relate to the public health and safety. The board may not license a barbering establishment under this section unless the establishment meets the standards established by the board. A person proposing to open a barbering establishment in a new location shall apply to the board for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed establishment on a form provided by the department.

AB658,32,16 (4) A person who is not a licensed barber, licensed barbering manager, licensed cosmetologist, or licensed cosmetology manager may own or operate a licensed barbering establishment, but may not practice barbering.

AB658,32,19 (5) A person who owns a licensed barbering establishment shall employ at least one person as a manager who is a licensed barbering manager or licensed cosmetology manager and works full-time in the establishment.

AB658,32,23 (7) Commercial businesses and practices other than barbering may be operated in a licensed barbering establishment, except that a business or practice that poses a sanitation or health hazard may not be conducted within a licensed barbering establishment.

AB658,33,3 (8) The board shall furnish a certificate to the owner of a licensed barbering establishment, certifying that the establishment is licensed by the board. The owner shall post the certificate in a conspicuous place in the establishment.

AB658,33,6 (9) The renewal date for a barbering establishment license is specified under s. 440.08 (2) (a), and the renewal fee for a barbering establishment license is determined by the department under s. 440.03 (9) (a).

AB658,33,10 454.26 Apprenticeship. (1) An apprentice in barbering shall be employed under an apprentice contract under s. 106.01 and shall be governed by s. 106.01, the apprenticeship rules of the department of workforce development, and the rules of the board.

AB658,33,17 (2) An apprentice in barbering shall receive at least 3,712 hours of practical training in barbering and at least 288 training hours of instruction in barbering in a school of barbering or school of cosmetology in order to complete the apprenticeship program and be eligible to take the examination for a barber license. An apprentice in barbering shall receive training in barbering 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.

AB658,33,25 (3) (a) An apprentice in barbering may not practice barbering except under the supervision of a licensed barbering manager or licensed cosmetology manager or under the supervision of a licensed barber or licensed cosmetologist to whom supervisory authority has been delegated by a licensed barbering manager or licensed cosmetology manager. A licensed barbering manager or licensed cosmetology manager may only delegate supervisory authority to a licensed barber or licensed cosmetologist who has completed at least 2,000 hours of practice as a licensed barber or licensed cosmetologist.

AB658,34,3 (b) An apprentice in barbering shall be trained in all branches of practical work and in all subjects required to be taught in a school of barbering as prescribed by the board by rule.

AB658,34,6 (4) A person who successfully completes the requirements of sub. (2) may not continue to practice as an apprentice in barbering but may apply for a temporary permit under s. 454.23 (7).

AB658,34,12 454.27 Licensees of other jurisdictions. (1) Upon application and payment of the fee specified in s. 440.05 (2), the board may grant a license to practice barbering or to practice as a barbering manager to an applicant who is licensed in another state or territory of the United States or in another country to perform services that are substantially the same as those performed by a licensed barber or licensed barbering manager in this state and to whom at least one of the following applies:

AB658,34,17 (a) The applicant has at least 4,000 hours of experience in licensed practice, has never been disciplined by the licensing authority of another jurisdiction, and is not a party to a proceeding before the licensing agency in which it is alleged that the applicant was negligent in the licensed practice or violated any law relating to the licensed practice.

AB658,34,20 (b) The applicant meets the requirements established in a reciprocal agreement under sub. (2) between the board and the licensing authority in the state where the applicant is licensed.

AB658,34,23 (2) The board may enter into a reciprocal agreement with the officials of another state for the licensing of barbers in this state and may grant a license to a person licensed in the other state according to the terms of that agreement.

AB658,34,25 454.28 Inspections. (1) The department shall appoint inspectors under the classified service to inspect licensed barbering establishments.

AB658,35,2 (2) An inspector appointed under sub. (1) may enter and inspect any licensed barbering establishment at any time during business hours.

AB658,35,7 454.285 Disclosure of temporary permit status. A person practicing under a temporary permit to practice barbering granted under s. 454.23 (7) shall, before performing any barbering services, inform the person receiving the barbering service that he or she is practicing under a temporary permit and that he or she has satisfied all requirements except passage of an examination for a barbering license.

AB658,35,11 454.29 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the board may make investigations or conduct hearings to determine whether a person has violated this subchapter or any rule promulgated under this subchapter

AB658,35,17 (2) Subject to the rules promulgated under s. 440.03 (1) and this subchapter, the board may revoke, limit, suspend, or refuse to issue or renew, in accordance with the severity of the violation, a license or temporary permit granted under this subchapter or reprimand the holder of a license or temporary permit granted under this subchapter if the board finds that the holder or applicant has done any of the following:

AB658,35,19 (a) Made a material misstatement in an application for a license, renewal of a license, or temporary permit.

AB658,35,22 (b) Failed to correct or take substantial steps approved by the board to correct a violation of any sanitary or other rule of the board within the time limit stated by the board in a notification of violation.

AB658,35,24 (c) Engaged in conduct in the practice of barbering that evidences a lack of knowledge or ability to apply professional principles or skills.

AB658,36,2 (d) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a felony committed while engaged in the practice of barbering.

AB658,36,4 (e) Continued practice while knowingly having an infectious, contagious, or communicable disease.

AB658,36,5 (f) Advertised in a manner that is false, deceptive, or misleading.

AB658,36,7 (g) Advertised, practiced, or attempted to practice under another's name or another's trade name.

AB658,36,10 (h) Subject to ss. 111.321, 111.322, and 111.34, been addicted to alcohol or other drugs to an extent related to the individual's ability to adequately undertake the job-related responsibilities of that individual's licensure.

AB658,36,11 (i) Violated this subchapter or any rule promulgated under this subchapter.

AB658,36,16 (3) The board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a license or temporary permit, assess against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense. Each day of continued violation constitutes a separate offense.

AB658,36,19 454.295 Penalties. Any person who violates this subchapter or any rule promulgated under this 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.

AB658, s. 102 Section 102 . Nonstatutory provisions.

AB658,36,23 (1) Treatment of current licensed barbers or cosmetologists, managers, establishments, and schools of barbering or cosmetology and current certified barbering or cosmetology instructors.

AB658,37,10 (a) Barbers. Notwithstanding section 454.23 (1) and (2) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid barber or cosmetologist license granted by the barbering and cosmetology examining board, is considered to be a licensed barber, as defined in section 454.20 (7) of the statutes, as created by this act. The barbering examining board shall issue a barber license to that person under section 454.23 (2) of the statutes, as created by this act, if the person notifies the barbering examining board that the person intends to practice as a barber subject to subchapter II of chapter 454 of the statutes, as created by this act, and satisfies the applicable renewal requirements for a barber license under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

AB658,37,23 (b) Cosmetologists. Notwithstanding section 454.06 (1) and (2) of the statutes, as affected by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid barber or cosmetologist license granted by the barbering and cosmetology examining board, is considered to be a licensed cosmetologist, as defined in section 454.20 (10) of the statutes, as created by this act. The cosmetology examining board shall issue a cosmetologist license to that person under section 454.06 (2) of the statutes, as affected by this act, if the person notifies the cosmetology examining board that the person intends to practice as a cosmetologist subject to subchapter I of chapter 454 of the statutes, as created by this act, and satisfies the applicable renewal requirements for a cosmetologist license under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

AB658,38,11 (c) Barbering managers. Notwithstanding section 454.23 (1) and (3) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid manager license granted by the barbering and cosmetology examining board, is considered to be a licensed barbering manager, as defined in section 454.20 (9) of the statutes, as created by this act. The barbering examining board shall issue a barbering manager license to that person under section 454.23 (3) of the statutes, as created by this act, if the person notifies the barbering examining board that the person intends to practice as a barbering manager subject to subchapter II of chapter 454 of the statutes, as created by this act, and satisfies the applicable renewal requirements for a barbering manager license under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

AB658,38,24 (d) Cosmetology managers. Notwithstanding section 454.06 (1) and (3) of the statutes, as affected by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid manager license granted by the barbering and cosmetology examining board, is considered to be a licensed cosmetology manager, as defined in section 454.20 (12) of the statutes, as created by this act. The cosmetology examining board shall issue a cosmetology manager license to that person under section 454.06 (3) of the statutes, as affected by this act, if the person notifies the cosmetology examining board that the person intends to practice as a cosmetology manager subject to subchapter I of chapter 454 of the statutes, as created by this act, and satisfies the applicable renewal requirements for a cosmetology manager license under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

AB658,39,15 (e) Barbering establishments. Notwithstanding section 454.25 of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, an establishment, as defined under section 454.01 (10) of the statutes, that, immediately prior to the effective date of this paragraph, held a valid barbering or cosmetologist establishment license granted by the barbering and cosmetology examining board, is considered to be a licensed barbering establishment, as defined in section 454.20 (8) of the statutes, as created by this act. The barbering examining board shall issue a barbering establishment license for that establishment under section 454.25 (2) of the statutes, as created by this act, if an authorized representative of the establishment notifies the barbering examining board that the establishment will be maintained as a barbering establishment subject to subchapter II of chapter 454 of the statutes, as created by this act, and the applicable renewal requirements for a barbering establishment license under section 440.08 of the statutes, as affected by this act, are satisfied for the establishment before April 1, 2013.

AB658,40,6 (f) Cosmetology establishments. Notwithstanding section 454.08 of the statutes, as affected by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, an establishment, as defined under section 454.01 (10) of the statutes, as affected by this act, that, immediately prior to the effective date of this paragraph, held a valid barbering or cosmetologist establishment license granted by the barbering and cosmetology examining board, is considered to be a licensed cosmetology establishment, as defined in section 454.20 (11) of the statutes, as created by this act. The cosmetology examining board shall issue a cosmetology establishment license for that establishment under section 454.08 (2) (a) of the statutes, as affected by this act, if an authorized representative of the establishment notifies the cosmetology examining board that the establishment will be maintained as a cosmetology establishment subject to subchapter I of chapter 454 of the statutes, as created by this act, and the applicable renewal requirements for a cosmetology establishment license under section 440.08 of the statutes, as affected by this act, are satisfied for the establishment before April 1, 2013.

AB658,40,21 (g) Schools of barbering. Notwithstanding section 440.62 (3) (ag) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a school, as defined in section 440.60 (14) of the statutes, as affected by this act, that, immediately prior to the effective date of this paragraph, held a valid school of barbering or cosmetology license granted by the department of safety and professional services, is considered to be a licensed school of barbering under subchapter VI of chapter 440 of the statutes, as affected by this act. The department of safety and professional services shall issue a school of barbering license to that school under section 440.62 (3) (ag) of the statutes, as created by this act, if an authorized representative of the school notifies the department of safety and professional services that the school will be maintained as a school of barbering subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and the applicable renewal requirements for a school of barbering license under section 440.08 of the statutes, as affected by this act, are satisfied for the school before April 1, 2013.

AB658,41,11 (h) Schools of cosmetology. Notwithstanding section 440.62 (3) (ar) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a school, as defined in section 440.60 (14) of the statutes, as affected by this act, that, immediately prior to the effective date of this paragraph, held a valid school of barbering or cosmetology license granted by the department of safety and professional services is considered to be a licensed school of cosmetology under subchapter VI of chapter 440 of the statutes, as affected by this act. The department of safety and professional services shall issue a school of barbering license to that school under section 440.62 (3) (ar) of the statutes, as created by this act, if an authorized representative of the school notifies the department of safety and professional services that the school will be maintained as a school of cosmetology subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and the applicable renewal requirements for a school of cosmetology license under section 440.08 of the statutes, as affected by this act, are satisfied for the school before April 1, 2013.

AB658,41,25 (i) Barbering instructors. Notwithstanding section 440.63 (3) (a) of the statutes, as affected by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid barbering or cosmetology instructor certificate granted by the department of safety and professional services, is considered to be a certified barbering instructor under subchapter VI of chapter 440 of the statutes, as affected by this act. The department of safety and professional services shall issue a barbering instructor certificate to that person under section 440.63 (3) (a) of the statutes, as affected by this act, if the person notifies the department of safety and professional services that the person intends to act as a barbering instructor subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and satisfies the applicable renewal requirements for a barbering instructor certificate under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

AB658,42,14 (j) Cosmetology instructors. Notwithstanding section 440.63 (3) (am) of the statutes, as created by this act, and subject to a notification and renewal under this paragraph, on the effective date of this paragraph, a person who, immediately prior to the effective date of this paragraph, held a valid barbering or cosmetology instructor certificate granted by the department of safety and professional services, is considered to be a certified cosmetology instructor under subchapter VI of chapter 440 of the statutes, as affected by this act. The department of safety and professional services shall issue a cosmetology instructor certificate to that person under section 440.63 (3) (am) of the statutes, as created by this act, if the person notifies the department of safety and professional services that the person intends to act as a cosmetology instructor subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and satisfies the applicable renewal requirements for a cosmetology instructor certificate under section 440.08 of the statutes, as affected by this act, before April 1, 2013.

AB658,42,17 (2) Initial appointments. Notwithstanding the lengths of terms specified in section 15.405 (18) of the statutes, as created by this act, the initial members of the barbering examining board shall be appointed for the following terms:

AB658,42,19 (a) Two barbers licensed under section 454.23 (2) of the statutes, as created by this act, for terms expiring on July 1, 2014.

AB658,42,21 (b) Two barbers licensed under section 454.23 (2) of the statutes, as created by this act, for terms expiring on July 1, 2014.

AB658,42,22 (c) Two public members, for terms expiring on July 1, 2015.

AB658,42,24 (d) The member who is a representative of a school of barbering, for a term expiring on July 1, 2016.

AB658, s. 103 Section 103. Effective date.

AB658,43,1 (1) This act takes effect on July 1, 2012.

AB658,43,2 (End)