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 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 completes a one-hour course educating the applicant on statutes and rules that apply to the 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, and manicurists 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; 2017 a. 81, 82.
454.14 454.14 Inspections.
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. Cos 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(2)(j) (j) Violated subch. II or any rule promulgated under subch. II.
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 History History: 1987 a. 265; 1991 a. 39; 2011 a. 190.
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.
subch. II of ch. 454 SUBCHAPTER II
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(5) (5) “Cosmetology" has the meaning given in s. 454.01 (7m).
454.20(6) (6) “Establishment" has the meaning given in s. 454.01 (10).
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(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(13) (13) “Student" has the meaning given in s. 454.01 (15).
454.20(14) (14) “Training hour" has the meaning given in s. 454.01 (16).
454.20 History History: 2011 a. 190; 2013 a. 205; 2017 a. 82.
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) (3)
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.
454.21 History History: 2011 a. 190; 2013 a. 165 s. 114; 2013 a. 356.
454.22 454.22 Practice.
454.22(1)(1) No person may engage in barbering unless the person is one of the following:
454.22(1)(a) (a) A licensed barber.
454.22(1)(c) (c) An apprentice in barbering under s. 454.26.
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)(f) (f) A licensed cosmetologist.
454.22(1)(h) (h) An apprentice in cosmetology under s. 454.10.
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 or licensed cosmetologist.
454.22 History History: 2011 a. 190; 2013 a. 165 s. 114; 2017 a. 82.
454.23 454.23 Licensure.
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)(a) (a) The applicant pays the initial credential fee determined by the department under s. 440.03 (9) (a), except as provided in s. 454.27 (1).
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(2)(e) (e) The applicant passes an examination conducted by the department to determine fitness to practice barbering.
454.23(4) (4)Posting of license certificate. The department shall issue a certificate to each person licensed under sub. (2), certifying that the holder is a licensed barber. 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 date for a license granted under sub. (2) is specified under s. 440.08 (2) (a), and the renewal fee for that license is determined by the department under s. 440.03 (9) (a). The department may not renew a license granted to a person under this section unless the person certifies to the department that the person has reviewed the current digest under s. 454.267.
454.23 Note NOTE: Sub (5) is shown as affected by 2017 Wis. Acts 81 and 82 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
454.23(6) (6)Inactive license.
454.23(6)(a)(a) Any person who is issued a license under sub. (2) 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) (7)Temporary permit.
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; 2015 a. 195; 2017 a. 81, 82; s. 13.92 (2) (i).
454.24 454.24 Examinations.
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) 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 and public health and safety.
454.24(4) (4) An applicant for a license under s. 454.23 (2) 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; 2017 a. 82.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 273 and all Supreme Court and Controlled Substances Board Orders effective on or before April 14, 2018. Published and certified under s. 35.18. Changes effective after April 14, 2018 are designated by NOTES. (Published 4-14-18)