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(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, 364.
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.
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)(1)
454.25(1)(ag) (ag) 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.
454.25(1)(ar) (ar) A person may practice barbering outside of a licensed establishment if all of the following apply:
454.25(1)(ar)1. 1. The person owns, manages, is employed by, or is affiliated with a barbering establishment licensed under sub. (2) or a cosmetology establishment licensed under s. 454.08 (2).
454.25(1)(ar)2. 2. The person brings the certificate issued to the person under s. 454.23 (4), or a copy, to the location where barbering is practiced.
454.25(1)(ar)3. 3. The service provided by the person does not involve the use of a chemical process, except for the use of a chemical process in cutting or styling hair in the practice of barbering outside of a licensed establishment.
454.25(1)(b) (b) Except as permitted under par. (ag) or (ar), no person may practice barbering in an establishment unless the establishment is a licensed barbering establishment under sub. (2) or licensed cosmetology establishment under s. 454.08 (2).
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 or licensed cosmetologist 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 barber or licensed cosmetologist and works full-time in the establishment. The manager of a licensed barbering establishment shall ensure that the establishment operates in compliance with this subchapter and the rules promulgated by the department under this subchapter.
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).
454.25 History History: 2011 a. 190; 2017 a. 82.
454.26 454.26 Apprenticeship.
454.26(1)(1)An apprentice in barbering shall be employed under an apprentice contract under s. 106.01 and shall be governed by s. 106.01, the apprenticeship rules of the department of workforce development, and the rules of the department.
454.26(2) (2)An apprentice in barbering shall receive at least 1,712 hours of practical training in barbering and at least 288 training hours of 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 in order to complete the apprenticeship program and be eligible to take the examination for a barber license. An apprentice in barbering shall receive training in barbering for a total of at least 32 hours per week. The training shall be completed in not more than 4 years.
454.26(3) (3)
454.26(3)(a)(a) An apprentice in barbering may not practice barbering except under the supervision of a licensed barber or licensed cosmetologist who has completed at least 2,000 hours of practice as a licensed barber or licensed cosmetologist.
454.26(3)(b) (b) An apprentice in barbering shall be trained in all branches of practical work and in all subjects required to be taught in a school of barbering as prescribed by the department by rule.
454.26(4) (4)A person who successfully completes the requirements of sub. (2) may not continue to practice as an apprentice in barbering but may apply for a temporary permit under s. 454.23 (7).
454.26 History History: 2011 a. 190; 2013 a. 205, 356; 2015 a. 195; 2017 a. 82.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 3, 2020. Published and certified under s. 35.18. Changes effective after November 3, 2020, are designated by NOTES. (Published 11-3-20)