March 20, 2017 - Introduced by Representatives Kleefisch, Kooyenga, Allen,
Berceau, Brandtjen, R. Brooks, Doyle, Duchow, Felzkowski, Fields,
Horlacher, Hutton, Jarchow, Katsma, Knodl, Krug, Macco, Mursau,
Neylon, Skowronski and Spiros, cosponsored by Senators Kapenga, L.
Taylor
, Craig, Darling, Nass and Stroebel. Referred to Committee on
Regulatory Licensing Reform.
AB167,2,4 1An Act to repeal 440.03 (13) (b) 5., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.03
2(13) (b) 19m., 440.03 (13) (b) 19s., 440.03 (13) (b) 27., 440.03 (13) (b) 35., 440.08
3(2) (a) 7., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 24g., 440.08 (2) (a)
424i., 440.08 (2) (a) 32., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag)
53., 440.62 (3) (ar) 3., 440.63 (1) (title), 440.63 (2), 440.63 (3), 454.01 (7s), 454.06
6(3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12), 454.22 (1) (b), 454.22 (1)
7(g), 454.23 (3) and 454.25 (1) (a); to renumber and amend 440.63 (1) (a),
8440.63 (1) (am), 440.63 (1) (b), 440.63 (1) (c) and 440.63 (1) (d); to amend 440.62
9(5) (a), 440.635, 440.64 (3) (b) (intro.), 440.64 (3) (c), 454.04 (1) (a), 454.04 (1) (b),
10454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d), 454.06 (4) (b) 2., 454.06
11(5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08 (1) (b), 454.08 (4), 454.08
12(6), 454.10 (3) (a), 454.13 (1) (intro.), 454.13 (2), 454.15 (2) (j), 454.22 (2), 454.23
13(4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25 (1) (b), 454.25 (4),
14454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.), 454.287 and 454.29 (2) (i); and to

1create
454.08 (1) (am) and 454.25 (1) (am) of the statutes; relating to:
2practicing barbering and cosmetology outside licensed establishments,
3regulating barbering and cosmetology managers, and instructor certificates for
4barbering, cosmetology, and related professions.
Analysis by the Legislative Reference Bureau
This bill permits the practice of cosmetology, aesthetics, manicuring, and
barbering outside of a licensed establishment if a person licensed to engage in that
practice owns, manages, is employed by, or is affiliated with an establishment
licensed to provide that service. Under current law, the Cosmetology Examining
Board, in the case of cosmetology, aesthetics, and manicuring, and the Department
of Safety and Professional Services, in the case of barbering, are authorized to
promulgate rules permitting those practices outside of a licensed establishment only
for services provided to persons who are homebound or in a hospital, nursing home,
correctional institution, or other institution.
The bill also eliminates the separate licensure of cosmetology managers and
barbering managers. Managers of cosmetology establishments and barbering
establishments are required to ensure that those establishments operate in
compliance with laws and rules regulating the provision of cosmetology and
barbering services. Under the bill, a licensed cosmetologist must be designated as
the manager, required to ensure such compliance, of a cosmetology establishment,
and either a licensed cosmetologist or a licensed barber must be designated as the
manager, required to ensure such compliance, of a barbering establishment. The bill
converts a person who was formerly licensed as a cosmetology manager into a
licensed cosmetologist and a person who was formerly licensed as a barbering
manager into a licensed barber.
This bill also eliminates the requirement for cosmetologists, aestheticians,
electrologists, manicurists, and barbers to hold a certificate granted by DSPS in
order to provide instruction in their respective professions. Under current law,
cosmetologists, aestheticians, electrologists, and manicurists licensed by the
Cosmetology Examining Board must hold an additional certificate as an instructor
and meet certain other requirements in order to provide instruction in their
professions. Current law also requires barbers licensed by DSPS to hold an
additional certificate as an instructor and meet certain other requirements in order
to provide practical instruction in barbering.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB167,1
1Section 1. 440.03 (13) (b) 5. of the statutes is repealed.
AB167,2 2Section 2 . 440.03 (13) (b) 14. of the statutes is repealed.
AB167,3 3Section 3 . 440.03 (13) (b) 15. of the statutes is repealed.
AB167,4 4Section 4 . 440.03 (13) (b) 19m. of the statutes is repealed.
AB167,5 5Section 5 . 440.03 (13) (b) 19s. of the statutes is repealed.
AB167,6 6Section 6 . 440.03 (13) (b) 27. of the statutes is repealed.
AB167,7 7Section 7 . 440.03 (13) (b) 35. of the statutes is repealed.
AB167,8 8Section 8 . 440.08 (2) (a) 7. of the statutes is repealed.
AB167,9 9Section 9 . 440.08 (2) (a) 17. of the statutes is repealed.
AB167,10 10Section 10 . 440.08 (2) (a) 18. of the statutes is repealed.
AB167,11 11Section 11 . 440.08 (2) (a) 24g. of the statutes is repealed.
AB167,12 12Section 12 . 440.08 (2) (a) 24i. of the statutes is repealed.
AB167,13 13Section 13 . 440.08 (2) (a) 32. of the statutes is repealed.
AB167,14 14Section 14 . 440.08 (2) (a) 43. of the statutes is repealed.
AB167,15 15Section 15. 440.60 (4s) of the statutes is repealed.
AB167,16 16Section 16. 440.60 (5s) of the statutes is repealed.
AB167,17 17Section 17. 440.62 (3) (ag) 3. of the statutes is repealed.
AB167,18 18Section 18. 440.62 (3) (ar) 3. of the statutes is repealed.
AB167,19 19Section 19. 440.62 (5) (a) of the statutes is amended to read:
AB167,3,2120 440.62 (5) (a) No specialty school may offer theoretical instruction for
21managers or apprentices.
AB167,20 22Section 20 . 440.63 (1) (title) of the statutes is repealed.
AB167,21 23Section 21 . 440.63 (1) (a) of the statutes is renumbered 440.63 (1m) and
24amended to read:
AB167,4,4
1440.63 (1m) No person may provide practical instruction in barbering unless
2the person holds a current barbering instructor or cosmetology instructor certificate
3issued
barber license granted by the department or cosmetologist license granted by
4the cosmetology examining board
.
AB167,22 5Section 22 . 440.63 (1) (am) of the statutes is renumbered 440.63 (2m) and
6amended to read:
AB167,4,97 440.63 (2m) No person may provide practical instruction in cosmetology unless
8the person holds a current cosmetology instructor certificate issued by the
9department
cosmetologist license granted by the cosmetology examining board.
AB167,23 10Section 23 . 440.63 (1) (b) of the statutes is renumbered 440.63 (3m) and
11amended to read:
AB167,4,1512 440.63 (3m) No person may provide practical instruction in aesthetics unless
13the person holds a current aesthetics instructor or cosmetology instructor certificate
14issued by the department
aesthetician license or cosmetologist license granted by the
15cosmetology examining board
.
AB167,24 16Section 24 . 440.63 (1) (c) of the statutes is renumbered 440.63 (4) and
17amended to read:
AB167,4,2018 440.63 (4) No person may provide practical instruction in electrology unless the
19person holds a current electrology instructor certificate issued by the department
20electrologist license granted by the cosmetology examining board.
AB167,25 21Section 25 . 440.63 (1) (d) of the statutes is renumbered 440.63 (5) and
22amended to read:
AB167,5,223 440.63 (5) No person may provide practical instruction in manicuring unless
24the person holds a current manicuring instructor or cosmetology instructor

1certificate issued by the department
manicurist license or cosmetologist license
2granted by the cosmetology examining board
.
AB167,26 3Section 26 . 440.63 (2) of the statutes is repealed.
AB167,27 4Section 27 . 440.63 (3) of the statutes is repealed.
AB167,28 5Section 28 . 440.635 of the statutes is amended to read:
AB167,5,10 6440.635 Persons providing practical instruction in specialty schools.
7(1) No person may provide practical instruction in a specialty school of aesthetics
8unless the person holds a current cosmetology manager cosmetologist license or
9aesthetician
license issued by the cosmetology examining board or a current
10cosmetology instructor or aesthetics instructor certificate issued by the department
.
AB167,5,14 11(2) No person may provide practical instruction in a specialty school of
12electrology unless the person holds a current electrologist license and a current
13cosmetology manager license
issued by the cosmetology examining board or an
14electrology instructor certificate issued by the department
.
AB167,5,19 15(3) No person may provide practical instruction in a specialty school of
16manicuring unless the person holds a current cosmetology manager cosmetologist
17license or manicurist
license issued by the cosmetology examining board or a current
18cosmetology instructor or manicuring instructor certificate issued by the
19department
.
AB167,29 20Section 29 . 440.64 (3) (b) (intro.) of the statutes is amended to read:
AB167,5,2421 440.64 (3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
22department may reprimand a licensee or certified instructor or deny, limit, suspend,
23or revoke a license or certificate under this subchapter if it finds that the applicant,
24or licensee or certified instructor has done any of the following:
AB167,30 25Section 30 . 440.64 (3) (c) of the statutes is amended to read:
AB167,6,4
1440.64 (3) (c) In addition to or in lieu of a reprimand or denial, limitation,
2suspension, or revocation of a license or certificate under par. (b), the department
3may assess against a school, or specialty school or instructor a forfeiture of not less
4than $100 nor more than $5,000 for each violation enumerated under par. (b).
AB167,31 5Section 31. 454.01 (7s) of the statutes is repealed.
AB167,32 6Section 32. 454.04 (1) (a) of the statutes is amended to read:
AB167,6,127 454.04 (1) (a) Except as permitted under pars. (b) and (d), sub. (1m), and subch.
8II, no person may engage in cosmetology unless the person has received training in
9the areas of service provided and holds a current cosmetologist license or cosmetology
10manager license
issued by the examining board that is not an inactive license or
11temporary permit issued by the examining board or is an apprentice under s. 454.10
12or a student in a cosmetology course of instruction.
AB167,33 13Section 33. 454.04 (1) (b) of the statutes is amended to read:
AB167,6,1914 454.04 (1) (b) No person may engage in aesthetics unless the person has
15received training in the areas of service provided and holds a current aesthetician
16license, or cosmetologist license , or cosmetology manager license issued by the
17examining board that is not an inactive license or temporary permit or training
18permit issued by the examining board or is an apprentice under s. 454.10 or a student
19in an aesthetics or cosmetology course of instruction.
AB167,34 20Section 34. 454.04 (1) (d) of the statutes is amended to read:
AB167,7,221 454.04 (1) (d) No person may engage in manicuring unless the person has
22received training in the areas of service provided and holds a current manicurist
23license, or cosmetologist license , or cosmetology manager license issued by the
24examining board that is not an inactive license or temporary permit or training

1permit issued by the examining board or is an apprentice under s. 454.10 or a student
2in a manicuring or cosmetology course of instruction.
AB167,35 3Section 35. 454.04 (2) (a) of the statutes is amended to read:
AB167,7,64 454.04 (2) (a) No person may use the title “cosmetologist" or any other similar
5title unless the person holds a current cosmetologist license or cosmetology manager
6license
issued by the examining board that is not an inactive license.
AB167,36 7Section 36. 454.04 (2) (b) of the statutes is amended to read:
AB167,7,118 454.04 (2) (b) No person may use the title “aesthetician" or any other similar
9title unless the person holds a current aesthetician license, or cosmetologist license,
10or cosmetology manager license
issued by the examining board that is not an inactive
11license.
AB167,37 12Section 37. 454.04 (2) (d) of the statutes is amended to read:
AB167,7,1613 454.04 (2) (d) No person may use the title “manicurist" or any other similar title
14unless the person holds a current manicurist license, or cosmetologist license, or
15cosmetology manager license
issued by the examining board that is not an inactive
16license.
AB167,38 17Section 38. 454.06 (3) of the statutes is repealed.
AB167,39 18Section 39 . 454.06 (4) (b) 2. of the statutes is amended to read:
AB167,7,2319 454.06 (4) (b) 2. At least 450 training hours in not less than 11 weeks and not
20more than 30 weeks under the supervision of a cosmetology instructor or aesthetics
21instructor certified under s. 440.63 (3) (am) or (b) or a licensed cosmetology manager,

22licensed cosmetologist or aesthetician in a licensed establishment that is also
23licensed as a specialty school of aesthetics under s. 440.62 (4) (a).
AB167,40 24Section 40 . 454.06 (5) (b) 2. of the statutes is amended to read:
AB167,8,5
1454.06 (5) (b) 2. At least 450 training hours in not less than 11 weeks and not
2more than 30 weeks under the supervision of an electrology instructor certified
3under s. 440.63 (3) (c), or
a licensed electrologist who is also a licensed cosmetology
4manager,
in a licensed establishment that is also licensed as a specialty school of
5electrology under s. 440.62 (4) (b).
AB167,41 6Section 41 . 454.06 (6) (b) 2. of the statutes is amended to read:
AB167,8,127 454.06 (6) (b) 2. At least 300 training hours of training in not less than 7 weeks
8and not more than 20 weeks under the supervision of a cosmetology instructor or
9manicuring instructor certified under s. 440.63 (3) (am) or (d) or a licensed
10cosmetology manager,
licensed cosmetologist or manicurist in a licensed
11establishment that is also licensed as a specialty school of manicuring under s.
12440.62 (4) (c).
AB167,42 13Section 42. 454.06 (7) of the statutes is amended to read:
AB167,8,1914 454.06 (7) Posting of license certificates. The examining board shall furnish
15a certificate to each licensee, certifying that the holder is licensed to practice
16cosmetology, aesthetics, electrology, or manicuring or is a licensed cosmetology
17manager
. The licensee shall post the certificate in a conspicuous place in the licensed
18establishment. A licensee who holds an inactive license may not post a certificate
19for that inactive license.
AB167,43 20Section 43. 454.07 (1) of the statutes is amended to read:
AB167,8,2421 454.07 (1) The examining board shall, in accordance with s. 440.07 (2), conduct
22examinations for cosmetologist, cosmetology manager, aesthetician, electrologist,
23and manicurist licenses not less than 8 times annually, at times and places
24determined by the examining board.
AB167,44 25Section 44 . 454.08 (1) (a) of the statutes is repealed.
AB167,45
1Section 45. 454.08 (1) (am) of the statutes is created to read:
AB167,9,52 454.08 (1) (am) A person may practice cosmetology, aesthetics, electrology, or
3manicuring outside of a licensed establishment if the person owns, manages, is
4employed by, or is affiliated with an establishment that is licensed to provide that
5service under sub. (2).
AB167,46 6Section 46 . 454.08 (1) (b) of the statutes is amended to read:
AB167,9,107 454.08 (1) (b) Except as permitted by rule promulgated under par. (a) (am), no
8person may practice cosmetology, aesthetics, electrology, or manicuring in an
9establishment unless the establishment is licensed to provide that practice under
10sub. (2).
AB167,47 11Section 47. 454.08 (4) of the statutes is amended to read:
AB167,9,2212 454.08 (4) The examining board shall, by rule, establish minimum standards
13concerning the maintenance, equipment, plans, and specifications for licensed
14establishments as they relate to the public health and safety. The examining board
15may not promulgate a rule requiring the use of a tuberculocidal disinfectant by a
16manager of, or
a barber or cosmetologist in, an establishment licensed under this
17section. The examining board may not license an establishment under this section
18unless it meets the standards established by the examining board. A person
19proposing to open an establishment in a new location shall apply to the examining
20board for an inspection and approval of the establishment, submitting an exact
21description and floor plan of the proposed location of the establishment on a form
22provided by the department.
AB167,48 23Section 48. 454.08 (6) of the statutes is amended to read:
AB167,9,2524 454.08 (6) A person who owns a cosmetology establishment shall employ at
25least one person as a manager who holds a cosmetology manager license and

1manages the establishment on a full-time basis. The cosmetology manager of a
2cosmetology establishment
shall ensure that the establishment operates in
3compliance with this subchapter and rules promulgated by the examining board.
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