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:
454.23(3)(a)
(a) The person is a licensed barber or licensed cosmetologist.
454.23(3)(b)
(b) The person completes 4,000 hours of practice as a licensed barber or licensed cosmetologist under the supervision of a licensed barbering manager or licensed cosmetology manager or completes 2,000 hours of practice as a licensed barber or licensed cosmetologist and 150 training hours of theoretical instruction in barbering in a school of barbering licensed under
s. 440.62 (3) (ag) or school of cosmetology licensed under
s. 440.62 (3) (ar) or exempted under
s. 440.61.
454.23(3)(d)
(d) Passes an examination conducted by the department to determine fitness to practice as a barbering manager.
454.23(4)
(4) Posting of license certificate. The department shall issue a certificate to each person licensed under
sub. (2) or
(3), certifying that the holder is a licensed barber or licensed barbering manager. The licensee shall post the certificate in a conspicuous place in the primary establishment where the licensee practices.
454.23(5)
(5) Expiration and renewal. The renewal dates for licenses granted under
subs. (2) and
(3) are specified under
s. 440.08 (2) (a), and the renewal fees for those licenses are determined by the department under
s. 440.03 (9) (a).
454.23(6)(a)(a) Any person who is issued a license under
sub. (2) or
(3) may apply to the department to classify that license as inactive. Upon application under this paragraph, the department may classify a license as inactive if the department determines that the person who holds that license is in good standing with the department and intends to refrain from barbering during the period that the license is inactive.
454.23(6)(b)
(b) An inactive license is subject to
sub. (5), except that the amount of the renewal fee for an inactive license shall be one-half of the amount of the renewal fee determined by the department for the license under
s. 440.03 (9) (a).
454.23(6)(c)
(c) The department may remove the inactive classification of an inactive license if the person who holds that inactive license applies to the department to remove the inactive classification and the person meets any additional requirements of the department.
454.23(6)(d)
(d) A person whose license is inactive under this subsection may perform minimal barbering work, as determined by the department by rule.
454.23(7)(a)(a) The department may grant a temporary permit to practice as a barber if an applicant under
sub. (2) satisfies all of the conditions under
sub. (2) except passage of the examination for licensure and the applicant is scheduled to take that examination.
454.23(7)(b)
(b) A temporary permit granted under
par. (a) is valid for 6 months and may not be renewed. The fee for a temporary permit is specified in
s. 440.05 (6).
454.23 History
History: 2011 a. 190.
