CHAPTER 454
BARBERING AND COSMETOLOGY EXAMINING BOARD
454.02 Limitations and exceptions.
454.08 Establishment licenses.
454.12 Continuing education.
454.13 Licensees of other jurisdictions.
454.145 Disclosure of temporary permit status.
454.15 Disciplinary proceedings and actions.
Ch. 454 Cross-reference
Cross-reference: See definitions in s.
440.01.
454.01
454.01
Definitions. In this chapter:
454.01(1)
(1) "Aesthetician" means a person who practices aesthetics.
454.01(2)
(2) "Aesthetics" means, for compensation, caring for or beautifying the skin of the human body, including but not limited to cleaning, applying cosmetics, oils, lotions, clay, creams, antiseptics, powders or tonics to or massaging, stimulating, wrapping or exercising the skin of the human body.
454.01(3)
(3) "Apprentice" means a person who is learning the practice of barbering or cosmetology under
s. 454.10.
454.01(5)
(5) "Barbering or cosmetology" means, for compensation, performing any one or a combination of the following practices:
454.01(5)(a)
(a) Arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waving, cutting, shaving, trimming, relaxing, singeing or performing similar work upon the hair or beard of any person by any means.
454.01(5)(b)
(b) Massaging, cleansing, stimulating, manipulating, wrapping, exercising, beautifying or applying cosmetic preparations, antiseptics, powders, oils, tonics, clay or lotion to or performing other similar work upon the skin of any person.
454.01(5)(d)
(d) The removal of hair of any person, except by use of an electric needle.
454.01(6)
(6) "Barber or cosmetologist" means a person who practices barbering or cosmetology.
454.01(7)
(7) "Compensation" means direct or indirect payment, including the expectation of payment whether or not actually received.
454.01(8)
(8) "Electrologist" means a person who practices electrology.
454.01(9)
(9) "Electrology" means, for compensation, removing hair from the human body by use of an electric needle.
454.01(10)
(10) "Establishment" means any place in which barbering or cosmetology, aesthetics, electrology or manicuring is performed.
454.01(11)
(11) "Examining board" means the barbering and cosmetology examining board.
454.01(12)
(12) "Manager" means a person who practices barbering or cosmetology and who is responsible for supervising and managing the operation of an establishment and ensuring that the establishment operates in compliance with this chapter and rules promulgated by the examining board.
454.01(13)
(13) "Manicuring" means, for compensation, cleansing, cutting, shaping, beautifying or massaging limited to the hands, feet or nails of the human body.
454.01(14)
(14) "Manicurist" means a person who practices manicuring.
454.01(15)
(15) "Student" means a person who is not licensed to practice barbering or cosmetology and who is engaged in learning the practice of barbering or cosmetology, aesthetics, electrology or manicuring at a school licensed under
s. 440.62 (3) or exempted under
s. 440.61 or a specialty school licensed under
s. 440.62 (4).
454.01(16)
(16) "Training hour" means at least 50 minutes but not more than 60 minutes of instruction.
454.01 History
History: 1987 a. 265.
454.02
454.02
Limitations and exceptions. 454.02(1)
(1) Licenses to practice barbering or cosmetology do not confer the right to diagnose, prescribe for or treat diseases or conditions except as indicated in the definition of barbering or cosmetology in
s. 454.01 (5) or under the direction of a licensed and practicing physician.
454.02(2)
(2) Barbering or cosmetology, aesthetics, electrology and manicuring do not include any of the following:
454.02(2)(a)
(a) Services performed by a person licensed, certified or registered under the laws of this state as a physician, physician assistant, podiatrist, physical therapist, nurse or funeral director if those services are within the scope of the license, certificate or registration.
454.02(2)(b)
(b) Personal care services performed in correctional institutions, hospitals and licensed nursing homes under the supervision of a person responsible for inmate or patient care.
454.02(3)
(3) Barbering or cosmetology, aesthetics and manicuring do not include any of the following:
454.02(3)(a)
(a) Services performed by masseurs or masseuses.
454.02(3)(b)
(b) Applying cosmetics preparatory to a public performance.
454.02(3)(c)
(c) Aesthetics, if performed on the face to demonstrate a product without compensation from a patron other than the sale of the product.
454.02 History
History: 1987 a. 265;
1993 a. 105.
454.04(1)(a)(a) Except as permitted under
pars. (b) and
(d), no person may engage in barbering or cosmetology unless the person has received training in the areas of service provided and holds a current barber or cosmetologist license, manager license or temporary permit issued by the examining board or is an apprentice under
s. 454.10 or a student in a barbering or cosmetology course of instruction.
454.04(1)(b)
(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, barber or cosmetologist license, manager license, 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 barbering or cosmetology course of instruction.
454.04(1)(c)
(c) No person may engage in electrology unless the person holds a current electrologist license, temporary permit or training permit issued by the examining board or is a student in an electrology course of instruction.
454.04(1)(d)
(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, barber or cosmetologist license, manager license, 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 barbering or cosmetology course of instruction.
454.04(2)(a)(a) No person may use the title "barber cosmetologist", "barber", "cosmetologist" or "hairstylist" or any other similar title unless the person holds a current barber or cosmetologist license or manager license issued by the examining board.
454.04(2)(b)
(b) No person may use the title "aesthetician" or any other similar title unless the person holds a current aesthetician license, barber or cosmetologist license or manager license issued by the examining board.
454.04(2)(c)
(c) No person may use the title "electrologist" or any other similar title unless the person holds a current electrologist license issued by the examining board.
454.04(2)(d)
(d) No person may use the title "manicurist" or any other similar title unless the person holds a current manicurist license, barber or cosmetologist license or manager license issued by the examining board.
454.04 History
History: 1987 a. 265;
1995 a. 231.
454.06(1)(1)
Application. All applications for licenses under this section shall be filed with the examining board. No initial license may be issued under this section unless all of the following conditions are satisfied:
454.06(1)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, the applicant presents evidence satisfactory to the examining board that the applicant has not been convicted of a felony committed while engaged in the practice of barbering or cosmetology.
454.06(1)(c)
(c) The applicant has graduated from high school or has attained high school graduation equivalency as determined by the department of education; is participating in a program approved by the examining board; or is at least 18 years old and meets the ability to benefit rule under
20 USC 1091 (d).
Effective date note
NOTE: Par. (c) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(c) The applicant has graduated from high school or has attained high school graduation equivalency as determined by the department of public instruction; is participating in a program approved by the examining board; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d).
454.06(2)
(2) Barber or cosmetologist license. The examining board shall issue a barber or cosmetologist license to any person who does all of the following:
454.06(2)(b)
(b) Graduates from a course of instruction of at least 1,800 training hours in not less than 10 months in a school of barbering or cosmetology licensed under
s. 440.62 (3) (a) or exempted under
s. 440.61 or has successfully completed an apprenticeship under
s. 454.10.
454.06(2)(c)
(c) Passes an examination conducted by the examining board to determine fitness to practice barbering or cosmetology.
454.06(3)
(3) Manager license. The examining board shall issue a manager license to any person who does all of the following:
454.06(3)(b)
(b) Completes 4,000 hours of practice as a licensed barber or cosmetologist under the supervision of a licensed manager or completes 2,000 hours of practice as a licensed barber or cosmetologist and 150 training hours of theoretical instruction in a school of barbering or cosmetology licensed under
s. 440.62 (3) (a) or exempted under
s. 440.61.
454.06(3)(d)
(d) Passes an examination conducted by the examining board to determine fitness to practice as a manager.
454.06(4)
(4) Aesthetician license. The examining board shall issue an aesthetician license to any person who does all of the following:
454.06(4)(b)1.
1. A course of instruction in aesthetics of at least 450 training hours in not less than 11 weeks and not more than 30 weeks, in a school of barbering or cosmetology or a school of aesthetics licensed under
s. 440.62 (3) (a) or
(b) or exempted under
s. 440.61.
454.06(4)(b)2.
2. At least 450 training hours of training in not less than 11 weeks and not more than 30 weeks under the supervision of a barber or cosmetologist instructor or aesthetics instructor certified under
s. 440.63 (3) (a) or
(b) or a licensed manager, in a licensed establishment that is also licensed as a specialty school of aesthetics under
s. 440.62 (4) (a).
