STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES
PROFESSIONAL SERVICES ADOPTING RULES
: (CLEARINGHOUSE RULE 23-055)
ORDER
An order of the Department of Safety and Professional Services to repeal SPS 50.110 (4), (9), and (10), 50.231 (2), 50.300 (3) and Table 50.300-2, 50.330 (3) (b), 50.340 (1) (b) and (Note), 50.421, 50.422, 50.423, 50.424, and 65.02; to amend SPS 50.100 and (Note), 50.230 (3) and (4), 50.231 (3), 50.300 (1g) and (1r), 50.330 (4), 50.400 (3), 50.401, 50.410, 60.02 (1), and 65.01; to repeal and recreate SPS 50.110 (20), 50.212, 50.310 (3) (a), 50.340 (2), and 50.420; and to create 50.340 (1) (a) (Note 2), relating to barbering licensure, continuing education and practice outside of a licensed establishment.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Statutes interpreted: Sections 440.62 (5) (a), 440.63, 440.64, 454.06, 454.12, 454.13, 454.22 (2), 454.23 (4) to (6), 454.24 (2) and (4), 454.25 (1) (ag) and (ar) and (b), (4), and (5), 454.26 (3) (a), 454.265, and 454.27 (1). Explanation of agency authority:
Section 227.11 (2) (a), Stats., states: “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation...” Section 440.62 (5) (b) 2., Stats., states: “The department shall promulgate rules prescribing the subjects required to be included in courses of instruction at schools of barbering and establishing minimum standards for courses of instruction and instructional materials and equipment at schools of barbering.”
Section 454.25 (1) (ag), Stats., states: “The department shall promulgate rules permitting the use of a chemical process in the practice of barbering outside of a licensed establishment, except that the department may not promulgate any rule that restricts the use of a chemical process in cutting or styling hair in the practice of barbering.” Related statute or rule: Wisconsin Administrative Code, chs. Cos 1 to Cos 10. Plain language analysis: Chapters SPS 50 and 60 to 65 currently contain the administrative code relating to the practice of barbering. 2017 Wisconsin Act 81 eliminated continuing education requirements for barbers yet allowed the department to require continuing education for a licensee as part of the disciplinary process. 2017 Wisconsin Act 81 eliminated the required 4,000 hours of experience for applicants who have a credential in another jurisdiction and apply for a Wisconsin reciprocal license. Under the Act, a currently licensed out-of-state applicant is now required to complete a one-hour course educating them on the Wisconsin statutes and administrative rules that apply to their practice. The Act also requires notification to all current Wisconsin license holders of any changes to the statutes and rules relating to barbering prior to the renewal of a barbering license. Wisconsin Act 82 eliminated the barbering manager license and allowed for the practice of barbering outside of a licensed establishment under certain circumstances. The Act also eliminated the requirement that an individual providing practical instruction in barbering hold a barbering or cosmetology instructor license; the requirement now only reflects the instructor be licensed as a barber or cosmetologist.
As a result of these changes, the Department of Safety and Professional Services is updating the rules governing the practice of barbering based upon passage of 2017 Wisconsin Act 81 and 2017 Wisconsin Act 82 to make them consistent with current industry, regulatory, and academic practices. Summary of, and comparison with, existing or proposed federal regulation: None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: No comments were received on the statement of scope.
Comparison with rules in adjacent states:
Illinois: In Illinois, barbers, barbering schools, and barbering establishments are regulated by the Illinois Department of Financial and Professional Regulation. [225 ILCS 410, Illinois Administrative Code title 68 §§ 1175.200-375; 1300-1335] Illinois does not require barbers to complete continuing education.
Illinois licenses barbers by reciprocity if the applicant holds a license that is “the same or substantially similar to” the license issued in Illinois. There are no specific requirements for hours of experience or state exams. [Ill. Admin. Code tit. 68 § 1175.220]
Illinois licenses barber teachers, barber teacher licenses expire on July 31 of each odd numbered year, and it appears that a license is required to provide instruction in Illinois barbering schools. [Ill. Admin. Code tit. 68 §§ 1175.205; 300-375]
Illinois licenses barbering establishments but does not appear to license managers or require a licensed manager to obtain an establishment license. [Ill. Admin. Code tit. 68 §§ 1175.1300-1335]
Illinois allows certain barbering practices outside of a traditional licensed shop or salon, but generally requires a registration for each location where services are provided. [Ill. Admin. Code tit. 68 § 1175.1300]
Iowa: In Iowa, barbers are regulated by the Iowa Board of Barbering. [645 Iowa Administrative Code chs. 21-25] Iowa requires barbers to complete three hours of continuing education per biennium, with a minimum of one hour in the area of Iowa barbering laws and administrative regulations. [645 Iowa Admin. Code ch. 24] Iowa allows reciprocal licensure for any individual who has held an active license in another qualifying jurisdiction for at least 12 months during the past 24 months, provides verification from every state in which the applicant has been licensed as a barber, completes one hour of instruction on Iowa barbering laws and administrative rules and sanitation, and passes a national written and practical examination. [645 Iowa Admin. Code § 21.5]
Iowa licenses barbering instructors and instructors are generally required to renew their license every two years. [645 Iowa Admin. Code ch. 21] All instructors in Iowa must have an instructor license. [645 Iowa Admin. Code § 23.9]
