SB489: Bill Text

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.

SB489,36,5 (f) Advertised in a manner that is false, deceptive, or misleading.

SB489,36,7 (g) Advertised, practiced, or attempted to practice under another's name or another's trade name.

SB489,36,10 (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.

SB489,36,11 (i) Violated this subchapter or any rule promulgated under this subchapter.

SB489,36,16 (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.

SB489,36,19 454.295 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.

SB489, s. 102 Section 102 . Nonstatutory provisions.

SB489,36,23 (1) Treatment of current licensed barbers or cosmetologists, managers, establishments, and schools of barbering or cosmetology and current certified barbering or cosmetology instructors.

SB489,37,10 (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.

SB489,37,23 (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.

SB489,38,11 (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.

SB489,38,24 (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.

SB489,39,15 (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.

SB489,40,6 (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.

SB489,40,21 (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.

SB489,41,11 (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.

SB489,41,25 (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.

SB489,42,14 (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.

SB489,42,17 (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:

SB489,42,19 (a) Two barbers licensed under section 454.23 (2) of the statutes, as created by this act, for terms expiring on July 1, 2014.

SB489,42,21 (b) Two barbers licensed under section 454.23 (2) of the statutes, as created by this act, for terms expiring on July 1, 2014.

SB489,42,22 (c) Two public members, for terms expiring on July 1, 2015.

SB489,42,24 (d) The member who is a representative of a school of barbering, for a term expiring on July 1, 2016.

SB489, s. 103 Section 103. Effective date.

SB489,43,1 (1) This act takes effect on July 1, 2012.

SB489,43,2 (End)