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.
Cos 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, waxing, waving, straightening, 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;
2013 a. 205.
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(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(3)(a)(a) A service performed preparatory to a live public performance or appearance, whether in-person or through broadcast media, including the Internet.
454.21(3)(b)
(b) A service performed in the course of the production of any digital or analog recording of a moving or still image intended for public release or broadcast, including through the Internet.
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(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(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;
2013 a. 165 s.
114.
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 a school of barbering licensed under
s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under
s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under
s. 440.61 or the applicant successfully completes an apprenticeship under
s. 454.26.
454.23 Note
NOTE: Par. (d) is shown as affected by
2013 Wis. Acts 205 and
356 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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 accredited by an accrediting agency approved by the department, a school of cosmetology licensed under
s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is 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;
2013 a. 205,
356; s. 13.92 (2) (i).
454.24(1)(1) The department shall, in accordance with
s. 440.07 (2), conduct examinations for barber licenses at least 8 times annually, at times and places determined by the department.
454.24(2)
(2) The examination for a license under
s. 454.23 (2) or
(3) shall consist of written tests and practical demonstrations requiring applicants to demonstrate minimum competency in services and subjects substantially related to the practice of a barber or barbering manager, as appropriate, and public health and safety.
454.24(4)
(4) An applicant for a license under
s. 454.23 (2) or
(3) shall file an application for examination in the office of the department at least 3 weeks before the examination. If an applicant fails to file the application within the required time, the department may postpone the applicant's examination to the date of the next available regular examination. The department 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.
454.24 History
History: 2011 a. 190;
2013 a. 114.
454.245
454.245
Department approval of accrediting agencies. The department shall identify by rule the accrediting agencies it approves to accredit schools for the purpose of satisfying educational requirements for an initial license or a license renewal under this subchapter.
454.245 History
History: 2013 a. 356.
454.25
454.25
Barbering establishment license. 454.25(1)(a)(a) The department may promulgate rules permitting the provision of barbering services outside of a licensed barbering establishment or a licensed cosmetology establishment by a barber to a person who is unable to leave his or her home because of illness or disability or who is in a hospital, nursing home, correctional institution, or other institution.
454.25(1)(b)
(b) Except as permitted by rule promulgated under
par. (a), no person may practice barbering in an establishment unless the establishment is a licensed barbering establishment or licensed cosmetology establishment.
454.25(2)
(2) The department shall grant a barbering establishment license that authorizes the practice of barbering in the licensed establishment to any person who pays the initial credential fee determined by the department under
s. 440.03 (9) (a) and who satisfies the requirements established by the department by rule, including proof of ownership of the business that operates the establishment. Any change of ownership of a licensed barbering establishment shall be reported to the department by the new owner within 5 days after the change of ownership.
454.25(3)
(3) The department shall, by rule, establish minimum standards concerning the maintenance, equipment, plans, and specifications for licensed barbering establishments as they relate to the public health and safety. The department may not license a barbering establishment under this section unless the establishment meets the standards established by the department. A person proposing to open a barbering establishment in a new location shall apply to the department for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed establishment on a form provided by the department.
454.25(4)
(4) A person who is not a licensed barber, licensed barbering manager, licensed cosmetologist, or licensed cosmetology manager may own or operate a licensed barbering establishment, but may not practice barbering.
454.25(5)
(5) A person who owns a licensed barbering establishment shall employ at least one person as a manager who is a licensed barbering manager or licensed cosmetology manager and works full-time in the establishment.
454.25(7)
(7) Commercial businesses and practices other than barbering may be operated in a licensed barbering establishment, except that a business or practice that poses a sanitation or health hazard may not be conducted within a licensed barbering establishment.
454.25(8)
(8) The department shall furnish a certificate to the owner of a licensed barbering establishment, certifying that the establishment is licensed by the department. The owner shall post the certificate in a conspicuous place in the establishment.
454.25(9)
(9) The renewal date for a barbering establishment license is specified under
s. 440.08 (2) (a), and the renewal fee for a barbering establishment license is determined by the department under
s. 440.03 (9) (a).
