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).
454.06(4)(c)
(c) Passes an examination conducted by the examining board to determine fitness to practice as an aesthetician.
454.06(5)
(5) Electrologist license. The examining board shall issue an electrologist license to any person who does all of the following:
454.06(5)(b)1.
1. A course of instruction in electrology 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 electrology licensed under
s. 440.62 (3) (a) or
(c) or exempted under
s. 440.61.
454.06(5)(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 an electrology instructor certified under
s. 440.63 (3) (c), or a licensed electrologist who is also a licensed manager, in a licensed establishment that is also licensed as a specialty school of electrology under
s. 440.62 (4) (b).
454.06(5)(c)
(c) Passes an examination conducted by the examining board to determine fitness to practice as an electrologist.
454.06(6)
(6) Manicurist license. The examining board shall issue a manicurist license to any person who does all of the following:
454.06(6)(b)1.
1. A course of instruction in manicuring of at least 300 training hours in not less than 7 weeks and not more than 20 weeks, in a school of barbering or cosmetology or a school of manicuring licensed under
s. 440.62 (3) (a) or
(d) or exempted under
s. 440.61.
454.06(6)(b)2.
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 barber or cosmetologist instructor or manicuring instructor certified under
s. 440.63 (3) (a) or
(d) or a licensed manager, in a licensed establishment that is also licensed as a specialty school of manicuring under
s. 440.62 (4) (c).
454.06(6)(c)
(c) Passes an examination conducted by the examining board to determine fitness to practice as a manicurist.
454.06(7)
(7) Posting of license certificates. The examining board shall furnish a certificate to each licensee, certifying that the holder is licensed to practice barbering or cosmetology, aesthetics, electrology or manicuring or is a licensed manager. The licensee shall post the certificate in a conspicuous place in the licensed establishment.
454.06(8)
(8) Expiration and renewal. The renewal date and renewal fee for licenses issued under
subs. (2) to
(6) are specified under
s. 440.08 (2) (a).
454.06(9)
(9) Training permit. A person shall obtain a training permit from the examining board before beginning training under
sub. (4) (b) 2.,
(5) (b) 2. or
(6) (b) 2. The examining board shall issue a training permit to a person who satisfies the conditions in
sub. (1) (b) and
(c) and who pays a $10 fee.
454.06(10)(a)(a) The examining board may issue a temporary permit to practice as a barber or cosmetologist without examination if the applicant meets all of the requirements of
sub. (2) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure.
454.06(10)(b)
(b) The examining board may issue a temporary permit to practice as an aesthetician without examination if the applicant meets all of the requirements of
sub. (4) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure.
454.06(10)(c)
(c) The examining board may issue a temporary permit to practice as an electrologist without examination if the applicant meets all of the requirements of
sub. (5) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure.
454.06(10)(d)
(d) The examining board may issue a temporary permit to practice as a manicurist without examination if the applicant meets all of the requirements of
sub. (6) for licensure except passage of an examination and if the applicant is scheduled to take the examination for licensure.
454.06(10)(e)
(e) A temporary permit issued under this subsection is valid for not more than 6 months and may not be renewed. The fee for a temporary permit issued under this subsection is specified in
s. 440.05 (6).
454.07(1)(1) The examining board shall, in accordance with
s. 440.07 (2), conduct examinations for barber or cosmetologist, manager, aesthetician, electrologist and manicurist licenses not less than 8 times annually, at times and places determined by the examining board.
454.07(2)
(2) Examinations of applicants for licenses issued under
s. 454.06 (2) to
(6) shall consist of written tests and practical demonstrations requiring applicants to demonstrate minimum competency in services and subjects substantially related to practice and public health and safety.
454.07(3)
(3) A person is not eligible for examination for a license unless the person has completed the requirements for licensure under
s. 454.06 except passing the examination.
454.07(4)
(4) An applicant shall file an application for examination in the office of the examining board at least 3 weeks before the examination. If an applicant fails to file the application within the required time, the examining board may postpone the applicant's examination to the date of the next available regular examination. The examining 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.
454.07 History
History: 1987 a. 265.
454.08
454.08
Establishment licenses. 454.08(1)(a)(a) The examining board may promulgate rules permitting the provision of personal care barbering or cosmetology, aesthetics, electrology or manicuring services outside of licensed establishments by barbers or cosmetologists, aestheticians, electrologists and manicurists to persons who are unable to leave their homes because of illness or disability or who are in hospitals, nursing homes, correctional institutions or other institutions.
454.08(1)(b)
(b) Except as permitted by rule promulgated under
par. (a), no person may practice barbering or cosmetology, aesthetics, electrology or manicuring in an establishment unless the establishment is licensed to provide that practice under
sub. (2).
454.08(2)
(2) The examining board shall issue the following establishment licenses:
454.08(2)(a)
(a) A barber or cosmetologist establishment license which authorizes the practice of barbering or cosmetology, aesthetics, electrology and manicuring in the licensed establishment.
454.08(2)(b)
(b) An aesthetician establishment license which authorizes the practice of aesthetics in the licensed establishment.
454.08(2)(c)
(c) An electrologist establishment license which authorizes the practice of electrology in the licensed establishment.
454.08(2)(d)
(d) A manicurist establishment license which authorizes the practice of manicuring in the licensed establishment.
454.08(3)
(3) The examining board shall issue an establishment license to any person who pays the fee specified in
s. 440.05 (1) and who satisfies the requirements established by the examining board by rule, including proof of ownership of the business. Any change of ownership shall be reported to the examining board by the new owner within 5 days after the change of ownership.
454.08(4)
(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 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 prescribed by the examining board.
