SB489: Bill Text

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.

SB489,30,3 (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).

SB489,30,8 (6) Inactive license. (a) Any person who is issued a license under sub. (2) or (3) may apply to the board to classify that license as inactive. Upon application under this paragraph, the board may classify a license as inactive if the board determines that the person who holds that license is in good standing with the board and intends to refrain from barbering during the period that the license is inactive.

SB489,30,11 (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).

SB489,30,14 (c) The board may remove the inactive classification of an inactive license if the person who holds that inactive license applies to the board to remove the inactive classification and the person meets any additional requirements of the board.

SB489,30,16 (d) A person whose license is inactive under this subsection may perform minimal barbering work, as determined by the board by rule.

SB489,30,20 (7) Temporary permit. (a) The board 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.

SB489,30,22 (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).

SB489,30,25 454.24 Examinations. (1) The board 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 board.

SB489,31,4 (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.

SB489,31,7 (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.

SB489,31,15 (4) An applicant for a license under s. 454.23 (2) or (3) shall file an application for examination in the office of the board at least 3 weeks before the examination. If an applicant fails to file the application within the required time, the board may postpone the applicant's examination to the date of the next available regular examination. The board 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.

SB489,31,20 454.25 Barbering establishment license. (1) (a) The board 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.

SB489,31,23 (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.

SB489,32,5 (2) The board shall grant a barbering establishment license that authorizes the practice of barbering in the licensed establishment to any person who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and who satisfies the requirements established by the board by rule, including proof of ownership of the business that operates the establishment. Any change of ownership of a licensed barbering establishment shall be reported to the board by the new owner within 5 days after the change of ownership.

SB489,32,13 (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.

SB489,32,16 (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.

SB489,32,19 (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.

SB489,32,23 (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.

SB489,33,3 (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.

SB489,33,6 (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).

SB489,33,10 454.26 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.

SB489,33,17 (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.

SB489,33,25 (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.

SB489,34,3 (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.

SB489,34,6 (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).

SB489,34,12 454.27 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:

SB489,34,17 (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.

SB489,34,20 (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.

SB489,34,23 (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.

SB489,34,25 454.28 Inspections. (1) The department shall appoint inspectors under the classified service to inspect licensed barbering establishments.

SB489,35,2 (2) An inspector appointed under sub. (1) may enter and inspect any licensed barbering establishment at any time during business hours.

SB489,35,7 454.285 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.

SB489,35,11 454.29 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

SB489,35,17 (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:

SB489,35,19 (a) Made a material misstatement in an application for a license, renewal of a license, or temporary permit.

SB489,35,22 (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.

SB489,35,24 (c) Engaged in conduct in the practice of barbering that evidences a lack of knowledge or ability to apply professional principles or skills.

SB489,36,2 (d) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a felony committed while engaged in the practice of barbering.

SB489,36,4 (e) Continued practice while knowingly having an infectious, contagious, or communicable disease.