SB109: Bill Text

2017 Senate BILL 109

March 16, 2017 - Introduced by Senators Kapenga, L. Taylor, Craig, Darling, Nass and Stroebel, cosponsored 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. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB109,2,4 An Act to repeal 440.03 (13) (b) 5., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.03 (13) (b) 19m., 440.03 (13) (b) 19s., 440.03 (13) (b) 27., 440.03 (13) (b) 35., 440.08 (2) (a) 7., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a) 32., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag) 3., 440.62 (3) (ar) 3., 440.63 (1) (title), 440.63 (2), 440.63 (3), 454.01 (7s), 454.06 (3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12), 454.22 (1) (b), 454.22 (1) (g), 454.23 (3) and 454.25 (1) (a); to renumber and amend 440.63 (1) (a), 440.63 (1) (am), 440.63 (1) (b), 440.63 (1) (c) and 440.63 (1) (d); to amend 440.62 (5) (a), 440.635, 440.64 (3) (b) (intro.), 440.64 (3) (c), 454.04 (1) (a), 454.04 (1) (b), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d), 454.06 (4) (b) 2., 454.06 (5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08 (1) (b), 454.08 (4), 454.08 (6), 454.10 (3) (a), 454.13 (1) (intro.), 454.13 (2), 454.15 (2) (j), 454.22 (2), 454.23 (4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25 (1) (b), 454.25 (4), 454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.), 454.287 and 454.29 (2) (i); and to create 454.08 (1) (am) and 454.25 (1) (am) of the statutes; relating to: practicing barbering and cosmetology outside licensed establishments, regulating barbering and cosmetology managers, and instructor certificates for barbering, 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:

SB109,1 Section 1. 440.03 (13) (b) 5. of the statutes is repealed.

SB109,2 Section 2 . 440.03 (13) (b) 14. of the statutes is repealed.

SB109,3 Section 3 . 440.03 (13) (b) 15. of the statutes is repealed.

SB109,4 Section 4 . 440.03 (13) (b) 19m. of the statutes is repealed.

SB109,5 Section 5 . 440.03 (13) (b) 19s. of the statutes is repealed.

SB109,6 Section 6 . 440.03 (13) (b) 27. of the statutes is repealed.

SB109,7 Section 7 . 440.03 (13) (b) 35. of the statutes is repealed.

SB109,8 Section 8 . 440.08 (2) (a) 7. of the statutes is repealed.

SB109,9 Section 9 . 440.08 (2) (a) 17. of the statutes is repealed.

SB109,10 Section 10 . 440.08 (2) (a) 18. of the statutes is repealed.

SB109,11 Section 11 . 440.08 (2) (a) 24g. of the statutes is repealed.

SB109,12 Section 12 . 440.08 (2) (a) 24i. of the statutes is repealed.

SB109,13 Section 13 . 440.08 (2) (a) 32. of the statutes is repealed.

SB109,14 Section 14 . 440.08 (2) (a) 43. of the statutes is repealed.

SB109,15 Section 15. 440.60 (4s) of the statutes is repealed.

SB109,16 Section 16. 440.60 (5s) of the statutes is repealed.

SB109,17 Section 17. 440.62 (3) (ag) 3. of the statutes is repealed.

SB109,18 Section 18. 440.62 (3) (ar) 3. of the statutes is repealed.

SB109,19 Section 19. 440.62 (5) (a) of the statutes is amended to read:

SB109,3,21 440.62 (5) (a) No specialty school may offer theoretical instruction for managers or apprentices.

SB109,20 Section 20 . 440.63 (1) (title) of the statutes is repealed.

SB109,21 Section 21 . 440.63 (1) (a) of the statutes is renumbered 440.63 (1m) and amended to read:

SB109,4,4 440.63 (1m) No person may provide practical instruction in barbering unless the person holds a current barbering instructor or cosmetology instructor certificate issued barber license granted by the department or cosmetologist license granted by the cosmetology examining board.

SB109,22 Section 22 . 440.63 (1) (am) of the statutes is renumbered 440.63 (2m) and amended to read:

SB109,4,9 440.63 (2m) No person may provide practical instruction in cosmetology unless the person holds a current cosmetology instructor certificate issued by the department cosmetologist license granted by the cosmetology examining board.

SB109,23 Section 23 . 440.63 (1) (b) of the statutes is renumbered 440.63 (3m) and amended to read:

SB109,4,15 440.63 (3m) No person may provide practical instruction in aesthetics unless the person holds a current aesthetics instructor or cosmetology instructor certificate issued by the department aesthetician license or cosmetologist license granted by the cosmetology examining board.

SB109,24 Section 24 . 440.63 (1) (c) of the statutes is renumbered 440.63 (4) and amended to read:

SB109,4,20 440.63 (4) No person may provide practical instruction in electrology unless the person holds a current electrology instructor certificate issued by the department electrologist license granted by the cosmetology examining board.

SB109,25 Section 25 . 440.63 (1) (d) of the statutes is renumbered 440.63 (5) and amended to read:

SB109,5,2 440.63 (5) No person may provide practical instruction in manicuring unless the person holds a current manicuring instructor or cosmetology instructor certificate issued by the department manicurist license or cosmetologist license granted by the cosmetology examining board.

SB109,26 Section 26 . 440.63 (2) of the statutes is repealed.

SB109,27 Section 27 . 440.63 (3) of the statutes is repealed.

SB109,28 Section 28 . 440.635 of the statutes is amended to read:

SB109,5,10 440.635 Persons providing practical instruction in specialty schools. (1) No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current cosmetology manager cosmetologist license or aesthetician license issued by the cosmetology examining board or a current cosmetology instructor or aesthetics instructor certificate issued by the department.

SB109,5,14 (2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license and a current cosmetology manager license issued by the cosmetology examining board or an electrology instructor certificate issued by the department.

SB109,5,19 (3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetology manager cosmetologist license or manicurist license issued by the cosmetology examining board or a current cosmetology instructor or manicuring instructor certificate issued by the department.

SB109,29 Section 29 . 440.64 (3) (b) (intro.) of the statutes is amended to read:

SB109,5,24 440.64 (3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensee or certified instructor or deny, limit, suspend, or revoke a license or certificate under this subchapter if it finds that the applicant, or licensee or certified instructor has done any of the following:

SB109,30 Section 30 . 440.64 (3) (c) of the statutes is amended to read:

SB109,6,4 440.64 (3) (c) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license or certificate under par. (b), the department may assess against a school, or specialty school or instructor a forfeiture of not less than $100 nor more than $5,000 for each violation enumerated under par. (b).

SB109,31 Section 31. 454.01 (7s) of the statutes is repealed.

SB109,32 Section 32. 454.04 (1) (a) of the statutes is amended to read:

SB109,6,12 454.04 (1) (a) Except as permitted under pars. (b) and (d), sub. (1m), and subch. II, no person may engage in cosmetology unless the person has received training in the areas of service provided and holds a current cosmetologist license or cosmetology manager license issued by the examining board that is not an inactive license or temporary permit issued by the examining board or is an apprentice under s. 454.10 or a student in a cosmetology course of instruction.

SB109,33 Section 33. 454.04 (1) (b) of the statutes is amended to read:

SB109,6,19 454.04 (1) (b) No person may engage in aesthetics unless the person has received training in the areas of service provided and holds a current aesthetician license, or cosmetologist license , or cosmetology manager license issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is an apprentice under s. 454.10 or a student in an aesthetics or cosmetology course of instruction.

SB109,34 Section 34. 454.04 (1) (d) of the statutes is amended to read:

SB109,7,2 454.04 (1) (d) No person may engage in manicuring unless the person has received training in the areas of service provided and holds a current manicurist license, or cosmetologist license , or cosmetology manager license issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is an apprentice under s. 454.10 or a student in a manicuring or cosmetology course of instruction.

SB109,35 Section 35. 454.04 (2) (a) of the statutes is amended to read:

SB109,7,6 454.04 (2) (a) No person may use the title “cosmetologist" or any other similar title unless the person holds a current cosmetologist license or cosmetology manager license issued by the examining board that is not an inactive license.

SB109,36 Section 36. 454.04 (2) (b) of the statutes is amended to read:

SB109,7,11 454.04 (2) (b) No person may use the title “aesthetician" or any other similar title unless the person holds a current aesthetician license, or cosmetologist license, or cosmetology manager license issued by the examining board that is not an inactive license.

SB109,37 Section 37. 454.04 (2) (d) of the statutes is amended to read:

SB109,7,16 454.04 (2) (d) No person may use the title “manicurist" or any other similar title unless the person holds a current manicurist license, or cosmetologist license, or cosmetology manager license issued by the examining board that is not an inactive license.

SB109,38 Section 38. 454.06 (3) of the statutes is repealed.

SB109,39 Section 39 . 454.06 (4) (b) 2. of the statutes is amended to read:

SB109,7,23 454.06 (4) (b) 2. At least 450 training hours in not less than 11 weeks and not more than 30 weeks under the supervision of a cosmetology instructor or aesthetics instructor certified under s. 440.63 (3) (am) or (b) or a licensed cosmetology manager, licensed cosmetologist or aesthetician in a licensed establishment that is also licensed as a specialty school of aesthetics under s. 440.62 (4) (a).

SB109,40 Section 40 . 454.06 (5) (b) 2. of the statutes is amended to read:

SB109,8,5 454.06 (5) (b) 2. At least 450 training hours in not less than 11 weeks and not more than 30 weeks under the supervision of an electrology instructor certified under s. 440.63 (3) (c), or a licensed electrologist who is also a licensed cosmetology manager, in a licensed establishment that is also licensed as a specialty school of electrology under s. 440.62 (4) (b).

SB109,41 Section 41 . 454.06 (6) (b) 2. of the statutes is amended to read:

SB109,8,12 454.06 (6) (b) 2. At least 300 training hours of training in not less than 7 weeks and not more than 20 weeks under the supervision of a cosmetology instructor or manicuring instructor certified under s. 440.63 (3) (am) or (d) or a licensed cosmetology manager, licensed cosmetologist or manicurist in a licensed establishment that is also licensed as a specialty school of manicuring under s. 440.62 (4) (c).

SB109,42 Section 42. 454.06 (7) of the statutes is amended to read:

SB109,8,19 454.06 (7) Posting of license certificates. The examining board shall furnish a certificate to each licensee, certifying that the holder is licensed to practice cosmetology, aesthetics, electrology, or manicuring or is a licensed cosmetology manager. The licensee shall post the certificate in a conspicuous place in the licensed establishment. A licensee who holds an inactive license may not post a certificate for that inactive license.

SB109,43 Section 43. 454.07 (1) of the statutes is amended to read:

SB109,8,24 454.07 (1) The examining board shall, in accordance with s. 440.07 (2), conduct examinations for cosmetologist, cosmetology manager, aesthetician, electrologist, and manicurist licenses not less than 8 times annually, at times and places determined by the examining board.

SB109,44 Section 44 . 454.08 (1) (a) of the statutes is repealed.

SB109,45 Section 45. 454.08 (1) (am) of the statutes is created to read:

SB109,9,5 454.08 (1) (am) A person may practice cosmetology, aesthetics, electrology, or manicuring outside of a licensed establishment if the person owns, manages, is employed by, or is affiliated with an establishment that is licensed to provide that service under sub. (2).

SB109,46 Section 46 . 454.08 (1) (b) of the statutes is amended to read:

SB109,9,10 454.08 (1) (b) Except as permitted by rule promulgated under par. (a) (am), no person may practice cosmetology, aesthetics, electrology, or manicuring in an establishment unless the establishment is licensed to provide that practice under sub. (2).

SB109,47 Section 47. 454.08 (4) of the statutes is amended to read:

SB109,9,22 454.08 (4) The examining board shall, by rule, establish minimum standards concerning the maintenance, equipment, plans, and specifications for licensed establishments as they relate to the public health and safety. The examining board may not promulgate a rule requiring the use of a tuberculocidal disinfectant by a manager of, or a barber or cosmetologist in, an establishment licensed under this section. The examining board may not license an establishment under this section unless it meets the standards established by the examining board. A person proposing to open an establishment in a new location shall apply to the examining board for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed location of the establishment on a form provided by the department.

SB109,48 Section 48. 454.08 (6) of the statutes is amended to read:

SB109,9,25 454.08 (6) A person who owns a cosmetology establishment shall employ at least one person as a manager who holds a cosmetology manager license and manages the establishment on a full-time basis. The cosmetology manager of a cosmetology establishment shall ensure that the establishment operates in compliance with this subchapter and rules promulgated by the examining board.

SB109,49 Section 49. 454.10 (3) (a) of the statutes is amended to read:

SB109,10,12 454.10 (3) (a) No apprentice under this section may practice 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 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 cosmetologist and who has completed at least 2,000 hours of practice as a licensed cosmetologist.

SB109,50 Section 50. 454.13 (1) (intro.) of the statutes is amended to read: