454.10(3)(a)(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 who has completed at least 2,000 hours of practice as a licensed cosmetologist.
454.10(3)(b)
(b) Apprentices shall be trained in all branches of practical work and in all subjects required to be taught in schools of barbering or cosmetology as prescribed by the examining board by rule.
454.10(4)
(4) A person who has successfully completed the requirements of
sub. (2) may not continue to practice as an apprentice but may apply for a temporary permit under
s. 454.06 (10) (a).
454.10 Cross-reference
Cross-reference: See also ch.
BC 6, Wis. adm. code.
454.12
454.12
Continuing education. The examining board may impose continuing education requirements on a person who holds a license under this subchapter that is not an inactive license either:
454.12(1)
(1) As a part of the disciplinary process to ensure competency; or
454.12(2)
(2) By rule, if necessary to preserve the public health, safety or welfare.
454.12 History
History: 1987 a. 265;
2011 a. 190.
454.12 Cross-reference
Cross-reference: See also ch.
BC 11, Wis. adm. code.
454.13
454.13
Licensees of other jurisdictions. 454.13(1)
(1) Upon application and payment of the fee specified in
s. 440.05 (2), the examining board may issue a license to practice cosmetology, aesthetics, electrology, or manicuring or to practice as a cosmetology manager to an applicant who is licensed in another state or territory of the United States or in another country to perform services that are substantially the same as those performed by licensees in this state and to whom either of the following applies:
454.13(1)(a)
(a) The applicant has at least 4,000 hours of experience in licensed practice, has never been disciplined by the licensing authority of another jurisdiction and is not a party to a proceeding before the licensing agency in which it is alleged that the applicant was negligent in the licensed practice or violated the law relating to the licensed practice.
454.13(1)(b)
(b) The applicant meets the requirements established in a reciprocal agreement under
sub. (2) between the examining board and the licensing authority in the state where the applicant is licensed.
454.13(2)
(2) The examining board may enter into reciprocal agreements with officials of other states for licensing cosmetologists, aestheticians, electrologists, manicurists, and cosmetology managers and grant licenses to persons licensed in other states according to the terms of such an agreement.
454.13 History
History: 1987 a. 265;
2011 a. 190.
454.14(1)(1) The department shall appoint inspectors under the classified service to inspect licensed establishments.
454.14(2)
(2) An inspector appointed under
sub. (1) may enter and inspect any licensed establishment at any time during business hours.
454.14 History
History: 1987 a. 265.
454.14 Cross-reference
Cross-reference: See also ch.
BC 3, Wis. adm. code.
454.145
454.145
Disclosure of temporary permit status. A person practicing under a temporary permit issued under
s. 454.06 (10) shall, before performing a service that he or she is authorized to perform by the temporary permit, inform the person who is receiving the service that he or she is practicing under a temporary permit and that he or she has satisfied all requirements except passage of an examination for a license for the applicable occupation.
454.145 History
History: 1995 a. 231.
454.15
454.15
Disciplinary proceedings and actions. 454.15(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the examining board may make investigations or conduct hearings to determine whether a person has violated this subchapter or any rule promulgated under this subchapter.
454.15(2)
(2) Subject to the rules promulgated under
s. 440.03 (1) and this subchapter, the examining board may revoke, limit, suspend, or refuse to issue or renew, in accordance with the severity of the violation, a license or permit issued under this subchapter or reprimand the holder of a license or permit issued under this subchapter if it finds that the holder or applicant has done any of the following:
454.15(2)(a)
(a) Made a material misstatement in an application for license or permit or renewal, or in an application to classify a license as an inactive license.
454.15(2)(b)
(b) Failed to correct or take substantial steps approved by the examining board to correct a violation of any sanitary or other rule of the examining board within the time limit stated by the examining board in a notification of violation.
454.15(2)(c)
(c) Engaged in conduct in the practice of barbering, cosmetology, aesthetics, electrology, or manicuring that evidences a lack of knowledge or ability to apply professional principles or skills.
454.15(2)(d)
(d) Subject to
ss. 111.321,
111.322, and
111.335, been convicted of a felony committed while engaged in the practice of barbering, cosmetology, aesthetics, electrology, or manicuring.
454.15(2)(e)
(e) Continued practice while knowingly having an infectious, contagious or communicable disease.
454.15(2)(f)
(f) Advertised in a manner which is false, deceptive or misleading.
454.15(2)(g)
(g) Advertised, practiced or attempted to practice under another's name or another's trade name.
454.15(2)(h)
(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.
454.15(2)(i)
(i) Violated this subchapter or any rule promulgated under this subchapter.
454.15(3)
(3) The examining board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension or denial of a license or 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.
454.15 Cross-reference
Cross-reference: See also ch.
BC 10, Wis. adm. code.
454.16
454.16
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.
454.16 History
History: 1987 a. 265;
2011 a. 190.
BARBERING
454.20
454.20
Definitions. In this subchapter:
454.20(1)
(1) "Barber" means a person who practices barbering.
454.20(2)
(2) "Barbering" means, for compensation, arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waving, cutting, shaving, trimming, relaxing, singeing, or performing similar work upon the hair of the head, neck, or face of any person by any means. "Barbering" does not include the removal of a person's hair at the root or the application of temporary or permanent eyelash extensions to the eyelashes of a person.
454.20(3)
(3) "Barbering manager" means a person who practices barbering and who is responsible for managing the operation of a barbering establishment.
454.20(7)
(7) "Licensed barber" means a person licensed by the department under
s. 454.23 (2) whose license is not an inactive license under
s. 454.23 (6).
454.20(8)
(8) "Licensed barbering establishment" means an establishment licensed by the department under
s. 454.25 (2).
454.20(9)
(9) "Licensed barbering manager" means a person licensed by the department under
s. 454.23 (3) whose license is not an inactive license under
s. 454.23 (6).
454.20(10)
(10) "Licensed cosmetologist" means a person licensed by the cosmetology examining board under
s. 454.06 (2) whose license is not an inactive license under
s. 454.06 (8m).
454.20(11)
(11) "Licensed cosmetology establishment" means an establishment licensed by the cosmetology examining board under
s. 454.08 (2) (a).
454.20(12)
(12) "Licensed cosmetology manager" means a person licensed by the cosmetology examining board under
s. 454.06 (3) whose license is not an inactive license under
s. 454.06 (8m).
454.20 History
History: 2011 a. 190.
454.21
454.21
Limitations and exceptions. Barbering does not include any of the following:
454.21(1)
(1) A service performed by a person licensed, certified, or registered under the laws of this state as a physician, physician assistant, nurse, or funeral director if the service is within the scope of the license, certificate, or registration.
454.21 Note
NOTE: Sub. (1) was created as par. (a) by
2011 Wis. Act 190 and renumbered to sub. (1) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
454.21(2)
(2) A service performed in a correctional institution, hospital, or licensed nursing home under the supervision of a person responsible for inmate or patient care.
454.21 Note
NOTE: Sub. (2) was created as par. (b) by
2011 Wis. Act 190 and renumbered to sub. (2) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
454.21 History
History: 2011 a. 190; s. 13.92 (1) (bm) 2.
454.22(1)(1) No person may engage in barbering unless the person is one of the following:
454.22(1)(d)
(d) A student in a barbering course of instruction.
454.22(1)(e)
(e) A person who holds a temporary permit to practice barbering granted by the department under
s. 454.23 (7).
454.22(1)(i)
(i) A student in a cosmetology course of instruction.
454.22 Note
NOTE: Par. (i) was created as par. (g) by
2011 Wis. Act 190 and renumbered to par. (i) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
454.22(1)(j)
(j) A person who holds a temporary permit to practice cosmetology granted by the cosmetology examining board under
s. 454.06 (10).
454.22 Note
NOTE: Par. (j) was created as par. (h) by
2011 Wis. Act 190 and renumbered to par. (j) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
454.22(2)
(2) No person may use the title "barber" or "hairstylist" or any other similar title unless the person is a licensed barber, licensed barbering manager, licensed cosmetologist, or licensed cosmetology manager.
454.22 History
History: 2011 a. 190; s. 13.92 (1) (bm) 2.
454.23(1)(1)
Application. An applicant for licensure under this section shall submit an application to the department on a form prescribed by the department.
454.23(2)
(2) Barber license. The department shall grant a barber license to any person who submits an application under
sub. (1) and satisfies all of the following conditions:
454.23(2)(b)
(b) Subject to
ss. 111.321,
111.322, and
111.335, the applicant presents evidence satisfactory to the department that the applicant has not been convicted of a felony committed while engaged in the practice of barbering.
454.23(2)(c)
(c) The applicant graduates from high school or attains high school graduation equivalency as determined by the department of public instruction; is participating in a program approved by the department; or is at least 18 years old and meets the ability to benefit rule under
20 USC 1091 (d).
454.23(2)(d)
(d) The applicant graduates from a course of instruction in barbering of at least 1,000 training hours in barbering in not less than 10 months in a school of barbering licensed under
s. 440.62 (3) (ag), a school of cosmetology licensed under
s. 440.62 (3) (ar), or a school that is exempted under
s. 440.61 or the applicant successfully completes an apprenticeship under
s. 454.26.
454.23(2)(e)
(e) The applicant passes an examination conducted by the department to determine fitness to practice barbering.
454.23(3)
(3) Barbering manager license. The department shall grant a barbering manager license to any person who satisfies all of the following conditions:
