SB489: Bill Text

SB489, s. 80 Section 80. 454.08 (1) (a) of the statutes is amended to read:

SB489,22,9 454.08 (1) (a) The examining board may promulgate rules permitting the provision of personal care barbering or cosmetology, aesthetics, electrology, or manicuring services outside of licensed establishments by barbers or cosmetologists, aestheticians, electrologists, and manicurists to persons who are unable to leave their homes because of illness or disability or who are in hospitals, nursing homes, correctional institutions, or other institutions.

SB489, s. 81 Section 81. 454.08 (1) (b) of the statutes is amended to read:

SB489,22,14 454.08 (1) (b) Except as permitted by rule promulgated under par. (a), no person may practice barbering or cosmetology, aesthetics, electrology, or manicuring in an establishment unless the establishment is licensed to provide that practice under sub. (2).

SB489, s. 82 Section 82. 454.08 (2) (a) of the statutes is amended to read:

SB489,22,18 454.08 (2) (a) A barber or cosmetologist cosmetology establishment license which that authorizes the practice of barbering or, cosmetology, aesthetics, electrology, and manicuring in the licensed establishment.

SB489, s. 83 Section 83. 454.08 (2) (b) of the statutes is amended to read:

SB489,22,21 454.08 (2) (b) An aesthetician aesthetics establishment license which that authorizes the practice of aesthetics in the licensed establishment.

SB489, s. 84 Section 84. 454.08 (2) (c) of the statutes is amended to read:

SB489,22,24 454.08 (2) (c) An electrologist electrology establishment license which that authorizes the practice of electrology in the licensed establishment.

SB489, s. 85 Section 85. 454.08 (2) (d) of the statutes is amended to read:

SB489,23,2 454.08 (2) (d) A manicurist manicuring establishment license which that authorizes the practice of manicuring in the licensed establishment.

SB489, s. 86 Section 86. 454.08 (5) of the statutes is amended to read:

SB489,23,6 454.08 (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.

SB489, s. 87 Section 87. 454.08 (6) of the statutes is amended to read:

SB489,23,13 454.08 (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.

SB489, s. 88 Section 88. 454.10 (2) of the statutes is amended to read:

SB489,23,20 454.10 (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.

SB489, s. 89 Section 89. 454.10 (3) (a) of the statutes is amended to read:

SB489,24,4 454.10 (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.

SB489, s. 90 Section 90. 454.12 (intro.) of the statutes is amended to read:

SB489,24,8 454.12 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:

SB489, s. 91 Section 91. 454.13 (1) (intro.) of the statutes is amended to read:

SB489,24,16 454.13 (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:

SB489, s. 92 Section 92. 454.13 (2) of the statutes is amended to read:

SB489,24,21 454.13 (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.

SB489, s. 93 Section 93. 454.15 (1) of the statutes is amended to read:

SB489,25,2 454.15 (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.

SB489, s. 94 Section 94. 454.15 (2) (intro.) of the statutes is amended to read:

SB489,25,9 454.15 (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:

SB489, s. 95 Section 95. 454.15 (2) (a) of the statutes is amended to read:

SB489,25,12 454.15 (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.

SB489, s. 96 Section 96. 454.15 (2) (c) of the statutes is amended to read:

SB489,25,16 454.15 (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.

SB489, s. 97 Section 97. 454.15 (2) (d) of the statutes is amended to read:

SB489,25,20 454.15 (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.

SB489, s. 98 Section 98. 454.15 (2) (i) of the statutes is amended to read:

SB489,25,23 454.15 (2) (i) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.

SB489, s. 99 Section 99. 454.15 (2) (j) of the statutes is created to read:

SB489,25,25 454.15 (2) (j) Violated subch. II or any rule promulgated under subch. II.

SB489, s. 100 Section 100. 454.16 of the statutes is amended to read:

SB489,26,5 454.16 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.

SB489, s. 101 Section 101. Subchapter II of chapter 454 [precedes 454.20] of the statutes is created to read:

SB489,26,8 chapter 454

SB489,26,10 subchapter II barbering examining board

SB489,26,11 454.20 Definitions. In this subchapter:

SB489,26,12 (1) "Barber" means a person who practices barbering.

SB489,26,16 (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.

SB489,26,18 (3) "Barbering manager" means a person who practices barbering and who is responsible for managing the operation of a barbering establishment.

SB489,26,19 (4) "Board" means the barbering examining board.

SB489,26,20 (5) "Cosmetology" has the meaning given in s. 454.01 (7m).

SB489,26,21 (6) "Establishment" has the meaning given in s. 454.01 (10).

SB489,26,23 (7) "Licensed barber" means a person licensed by the board under s. 454.23 (2) whose license is not an inactive license under s. 454.23 (6).

SB489,26,25 (8) "Licensed barbering establishment" means an establishment licensed by the board under s. 454.25 (2).

SB489,27,2 (9) "Licensed barbering manager" means a person licensed by the board under s. 454.23 (3) whose license is not an inactive license under s. 454.23 (6).

SB489,27,5 (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).

SB489,27,7 (11) "Licensed cosmetology establishment" means an establishment licensed by the cosmetology examining board under s. 454.08 (2) (a).

SB489,27,10 (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).

SB489,27,11 (13) "Student" has the meaning given in s. 454.01 (15).

SB489,27,12 (14) "Training hour" has the meaning given in s. 454.01 (16).

SB489,27,14 454.21 Limitations and exceptions. Barbering does not include any of the following:

SB489,27,17 (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.

SB489,27,20 (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.

SB489,27,22 454.22 Practice. (1) No person may engage in barbering unless the person is one of the following:

SB489,27,23 (a) A licensed barber.

SB489,27,24 (b) A licensed barbering manager.

SB489,27,25 (c) An apprentice in barbering under s. 454.26.

SB489,28,1 (d) A student in a barbering course of instruction.

SB489,28,3 (e) A person who holds a temporary permit to practice barbering granted by the board under s. 454.23 (7).

SB489,28,4 (f) A licensed cosmetologist.

SB489,28,5 (g) A licensed cosmetology manager.

SB489,28,6 (h) An apprentice in cosmetology under s. 454.10.

SB489,28,7 (g) A student in a cosmetology course of instruction.

SB489,28,9 (h) A person who holds a temporary permit to practice cosmetology granted by the cosmetology examining board under s. 454.06 (10).

SB489,28,12 (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.

SB489,28,14 454.23 Licensure. (1) Application. An applicant for licensure under this section shall submit an application to the board on a form prescribed by the board.

SB489,28,16 (2) Barber license. The board shall grant a barber license to any person who submits an application under sub. (1) and satisfies all of the following conditions:

SB489,28,18 (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).

SB489,28,21 (b) Subject to ss. 111.321, 111.322, and 111.335, the applicant presents evidence satisfactory to the board that the applicant has not been convicted of a felony committed while engaged in the practice of barbering.

SB489,28,25 (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 board; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d).

SB489,29,5 (d) The applicant graduates from a course of instruction in barbering of at least 1,800 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.

SB489,29,7 (c) The applicant passes an examination conducted by the board to determine fitness to practice barbering.

SB489,29,9 (3) Barbering manager license. The board shall grant a barbering manager license to any person who satisfies all of the following conditions:

SB489,29,10 (a) The person is a licensed barber or licensed cosmetologist.

SB489,29,16 (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.

SB489,29,17 (c) Pays the fee under s. 440.05 (1).

SB489,29,19 (d) Passes an examination conducted by the board to determine fitness to practice as a barbering manager.

SB489,29,23 (4) Posting of license certificate. The board 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.