SB489-SSA1,29,1414
(a) The person is a licensed barber or licensed cosmetologist.
SB489-SSA1,29,2015
(b) The person completes 4,000 hours of practice as a licensed barber or licensed
16cosmetologist under the supervision of a licensed barbering manager or licensed
17cosmetology manager or completes 2,000 hours of practice as a licensed barber or
18licensed cosmetologist and 150 training hours of theoretical instruction in barbering
19in a school of barbering licensed under s. 440.62 (3) (ag) or school of cosmetology
20licensed under s. 440.62 (3) (ar) or exempted under s. 440.61.
SB489-SSA1,29,2121
(c) Pays the fee under s. 440.05 (1).
SB489-SSA1,29,2322
(d) Passes an examination conducted by the department to determine fitness
23to practice as a barbering manager.
SB489-SSA1,30,2
24(4) Posting of license certificate. The department shall issue a certificate to
25each person licensed under sub. (2) or (3), certifying that the holder is a licensed
1barber or licensed barbering manager. The licensee shall post the certificate in a
2conspicuous place in the primary establishment where the licensee practices.
SB489-SSA1,30,5
3(5) Expiration and renewal. The renewal dates for licenses granted under
4subs. (2) and (3) are specified under s. 440.08 (2) (a), and the renewal fees for those
5licenses are determined by the department under s. 440.03 (9) (a).
SB489-SSA1,30,11
6(6) Inactive license. (a) Any person who is issued a license under sub. (2) or
7(3) may apply to the department to classify that license as inactive. Upon application
8under this paragraph, the department may classify a license as inactive if the
9department determines that the person who holds that license is in good standing
10with the department and intends to refrain from barbering during the period that
11the license is inactive.
SB489-SSA1,30,1412
(b) An inactive license is subject to sub. (5), except that the amount of the
13renewal fee for an inactive license shall be one-half of the amount of the renewal fee
14determined by the department for the license under s. 440.03 (9) (a).
SB489-SSA1,30,1815
(c) The department may remove the inactive classification of an inactive license
16if the person who holds that inactive license applies to the department to remove the
17inactive classification and the person meets any additional requirements of the
18department.
SB489-SSA1,30,2019
(d) A person whose license is inactive under this subsection may perform
20minimal barbering work, as determined by the department by rule.
SB489-SSA1,30,24
21(7) Temporary permit. (a) The department may grant a temporary permit to
22practice as a barber if an applicant under sub. (2) satisfies all of the conditions under
23sub. (2) except passage of the examination for licensure and the applicant is
24scheduled to take that examination.
SB489-SSA1,31,2
1(b) A temporary permit granted under par. (a) is valid for 6 months and may
2not be renewed. The fee for a temporary permit is specified in s. 440.05 (6).
SB489-SSA1,31,5
3454.24 Examinations. (1) The department shall, in accordance with s. 440.07
4(2), conduct examinations for barber licenses at least 8 times annually, at times and
5places determined by the department.
SB489-SSA1,31,9
6(2) The examination for a license under s. 454.23 (2) or (3) shall consist of
7written tests and practical demonstrations requiring applicants to demonstrate
8minimum competency in services and subjects substantially related to the practice
9of a barber or barbering manager, as appropriate, and public health and safety.
SB489-SSA1,31,12
10(3) A person is not eligible for examination for a license granted under s. 454.23
11(2) or (3) unless the person completes the requirements for licensure under s. 454.23
12(2) or (3) except passage of the examination.
SB489-SSA1,31,20
13(4) An applicant for a license under s. 454.23 (2) or (3) shall file an application
14for examination in the office of the department at least 3 weeks before the
15examination. If an applicant fails to file the application within the required time,
16the department may postpone the applicant's examination to the date of the next
17available regular examination. The department may require an applicant who fails
18to appear for or to complete an examination to reapply for examination. An applicant
19who fails an examination may request reexamination and shall pay a fee for
20reexamination, according to the procedures and fees established under s. 440.06.
SB489-SSA1,31,25
21454.25 Barbering establishment license. (1) (a) The department may
22promulgate rules permitting the provision of barbering services outside of a licensed
23barbering establishment or a licensed cosmetology establishment by a barber to a
24person who is unable to leave his or her home because of illness or disability or who
25is in a hospital, nursing home, correctional institution, or other institution.
SB489-SSA1,32,3
1(b) Except as permitted by rule promulgated under par. (a), no person may
2practice barbering in an establishment unless the establishment is a licensed
3barbering establishment or licensed cosmetology establishment.
SB489-SSA1,32,10
4(2) The department shall grant a barbering establishment license that
5authorizes the practice of barbering in the licensed establishment to any person who
6pays the initial credential fee determined by the department under s. 440.03 (9) (a)
7and who satisfies the requirements established by the department by rule, including
8proof of ownership of the business that operates the establishment. Any change of
9ownership of a licensed barbering establishment shall be reported to the department
10by the new owner within 5 days after the change of ownership.
SB489-SSA1,32,18
11(3) The department shall, by rule, establish minimum standards concerning
12the maintenance, equipment, plans, and specifications for licensed barbering
13establishments as they relate to the public health and safety. The department may
14not license a barbering establishment under this section unless the establishment
15meets the standards established by the department. A person proposing to open a
16barbering establishment in a new location shall apply to the department for an
17inspection and approval of the establishment, submitting an exact description and
18floor plan of the proposed establishment on a form provided by the department.
SB489-SSA1,32,21
19(4) A person who is not a licensed barber, licensed barbering manager, licensed
20cosmetologist, or licensed cosmetology manager
may own or operate a licensed
21barbering establishment, but may not practice barbering.
SB489-SSA1,32,24
22(5) A person who owns a licensed barbering establishment shall employ at least
23one person as a manager who is a licensed
barbering manager
or licensed
24cosmetology manager and works full-time in the establishment.
SB489-SSA1,33,4
1(7) Commercial businesses and practices other than barbering may be operated
2in a licensed barbering establishment, except that a business or practice that poses
3a sanitation or health hazard may not be conducted within a licensed barbering
4establishment.
SB489-SSA1,33,8
5(8) The department shall furnish a certificate to the owner of a licensed
6barbering establishment, certifying that the establishment is licensed by the
7department. The owner shall post the certificate in a conspicuous place in the
8establishment.
SB489-SSA1,33,11
9(9) The renewal date for a barbering establishment license is specified under
10s. 440.08 (2) (a), and the renewal fee for a barbering establishment license is
11determined by the department under s. 440.03 (9) (a).
SB489-SSA1,33,15
12454.26 Apprenticeship. (1) An apprentice in barbering shall be employed
13under an apprentice contract under s. 106.01 and shall be governed by s. 106.01, the
14apprenticeship rules of the department of workforce development, and the rules of
15the department.
SB489-SSA1,33,22
16(2) An apprentice in barbering shall receive at least 3,712 hours of practical
17training in barbering and at least 288 training hours of instruction in barbering in
18a school of barbering or school of cosmetology in order to complete the apprenticeship
19program and be eligible to take the examination for a barber license. An apprentice
20in barbering shall receive training in barbering for a total of at least 32 hours per
21week. The training shall be completed in not less than 2 years and not more than
224 years.
SB489-SSA1,34,5
23(3) (a) An apprentice in barbering may not practice barbering except under the
24supervision of a licensed barbering manager or licensed cosmetology manager or
25under the supervision of a licensed barber or licensed cosmetologist to whom
1supervisory authority has been delegated by a licensed barbering manager or
2licensed cosmetology manager. A licensed barbering manager or licensed
3cosmetology manager
may only delegate supervisory authority to a licensed barber
4or licensed cosmetologist
who has completed at least 2,000 hours of practice as a
5licensed barber or licensed cosmetologist.
SB489-SSA1,34,86
(b) An apprentice in barbering shall be trained in all branches of practical work
7and in all subjects required to be taught in a school of barbering as prescribed by the
8department by rule.
SB489-SSA1,34,11
9(4) A person who successfully completes the requirements of sub. (2) may not
10continue to practice as an apprentice in barbering but may apply for a temporary
11permit under s. 454.23 (7).
SB489-SSA1,34,18
12454.27 Licensees of other jurisdictions. (1) Upon application and payment
13of the fee specified in s. 440.05 (2), the department may grant a license to practice
14barbering or to practice as a barbering manager to an applicant who is licensed in
15another state or territory of the United States or in another country to perform
16services that are substantially the same as those performed by a licensed barber or
17licensed barbering manager in this state and to whom at least one of the following
18applies:
SB489-SSA1,34,2319
(a) The applicant has at least 4,000 hours of experience in licensed practice, has
20never been disciplined by the licensing authority of another jurisdiction, and is not
21a party to a proceeding before the licensing agency in which it is alleged that the
22applicant was negligent in the licensed practice or violated any law relating to the
23licensed practice.
SB489-SSA1,35,3
1(b) The applicant meets the requirements established in a reciprocal
2agreement under sub. (2) between the department and the licensing authority in the
3state where the applicant is licensed.
SB489-SSA1,35,6
4(2) The department may enter into a reciprocal agreement with the officials of
5another state for the licensing of barbers in this state and may grant a license to a
6person licensed in the other state according to the terms of that agreement.
SB489-SSA1,35,8
7454.28 Inspections. (1) The department shall appoint inspectors under the
8classified service to inspect licensed barbering establishments.
SB489-SSA1,35,10
9(2) An inspector appointed under sub. (1) may enter and inspect any licensed
10barbering establishment at any time during business hours.
SB489-SSA1,35,15
11454.285 Disclosure of temporary permit status. A person practicing under
12a temporary permit to practice barbering granted under s. 454.23 (7) shall, before
13performing any barbering services, inform the person receiving the barbering service
14that he or she is practicing under a temporary permit and that he or she has satisfied
15all requirements except passage of an examination for a barbering license.
SB489-SSA1,35,19
16454.287 Advisory committee. The secretary shall appoint an advisory
17committee under s. 440.042 to advise the department on matters relating to the
18regulation of barbers, barbering managers, and barbering establishments under this
19subchapter and the rules required under s. 440.62 (5) (b) 2.
SB489-SSA1,35,23
20454.29 Disciplinary proceedings and actions. (1) Subject to the rules
21promulgated under s. 440.03 (1), the department may make investigations or
22conduct hearings to determine whether a person has violated this subchapter or any
23rule promulgated under this subchapter.
SB489-SSA1,36,4
24(2) Subject to the rules promulgated under s. 440.03 (1) and this subchapter,
25the department may revoke, limit, suspend, or refuse to issue or renew, in accordance
1with the severity of the violation, a license or temporary permit granted under this
2subchapter or reprimand the holder of a license or temporary permit granted under
3this subchapter if the department finds that the holder or applicant has done any of
4the following:
SB489-SSA1,36,65
(a) Made a material misstatement in an application for a license, renewal of a
6license, or temporary permit.
SB489-SSA1,36,97
(b) Failed to correct or take substantial steps approved by the department to
8correct a violation of any sanitary or other rule of the department within the time
9limit stated by the department in a notification of violation.
SB489-SSA1,36,1110
(c) Engaged in conduct in the practice of barbering that evidences a lack of
11knowledge or ability to apply professional principles or skills.
SB489-SSA1,36,1312
(d) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a felony
13committed while engaged in the practice of barbering.
SB489-SSA1,36,1514
(e) Continued practice while knowingly having an infectious, contagious, or
15communicable disease.
SB489-SSA1,36,1616
(f) Advertised in a manner that is false, deceptive, or misleading.
SB489-SSA1,36,1817
(g) Advertised, practiced, or attempted to practice under another's name or
18another's trade name.
SB489-SSA1,36,2119
(h) Subject to ss. 111.321, 111.322, and 111.34, been addicted to alcohol or other
20drugs to an extent related to the individual's ability to adequately undertake the
21job-related responsibilities of that individual's licensure.
SB489-SSA1,36,2222
(i) Violated this subchapter or any rule promulgated under this subchapter.
SB489-SSA1,37,2
23(3) The department may, in addition to or in lieu of a reprimand or revocation,
24limitation, suspension, or denial of a license or temporary permit, assess against a
25person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more
1than $1,000 for each separate offense. Each day of continued violation constitutes
2a separate offense.
SB489-SSA1,37,5
3454.295 Penalties. Any person who violates this subchapter or any rule
4promulgated under this subchapter shall be fined not less than $100 nor more than
5$5,000 or imprisoned for not less than 10 days nor more than 90 days or both.
SB489-SSA1,37,97
(1)
Treatment of current licensed barbers or cosmetologists, managers,
8establishments, and schools of barbering or cosmetology and current certified
9barbering or cosmetology instructors.
SB489-SSA1,37,1110
(a)
Definition. In this subsection, "department" means the department of
11safety and professional services.
SB489-SSA1,37,2312
(b)
Barbers. Notwithstanding section 454.23 (1) and (2) of the statutes, as
13created by this act, and subject to a notification and renewal under this paragraph,
14on the effective date of this paragraph, a person who, immediately prior to the
15effective date of this paragraph, held a valid barber or cosmetologist license granted
16by the barbering and cosmetology examining board, is considered to be a licensed
17barber, as defined in section 454.20 (7) of the statutes, as created by this act. The
18department shall issue a barber license to that person under section 454.23 (2) of the
19statutes, as created by this act, if the person notifies the department that the person
20intends to practice as a barber subject to subchapter II of chapter 454 of the statutes,
21as created by this act, and satisfies the applicable renewal requirements for a barber
22license under section 440.08 of the statutes, as affected by this act, before April 1,
232013.
SB489-SSA1,38,1124
(c)
Cosmetologists. Notwithstanding section 454.06 (1) and (2) of the statutes,
25as affected by this act, and subject to a notification and renewal under this
1paragraph, on the effective date of this paragraph, a person who, immediately prior
2to the effective date of this paragraph, held a valid barber or cosmetologist license
3granted by the barbering and cosmetology examining board, is considered to be a
4licensed cosmetologist, as defined in section 454.20 (10) of the statutes, as created
5by this act. The cosmetology examining board shall issue a cosmetologist license to
6that person under section 454.06 (2) of the statutes, as affected by this act, if the
7person notifies the cosmetology examining board that the person intends to practice
8as a cosmetologist subject to subchapter I of chapter 454 of the statutes, as created
9by this act, and satisfies the applicable renewal requirements for a cosmetologist
10license under section 440.08 of the statutes, as affected by this act, before April 1,
112013.
SB489-SSA1,38,2312
(d)
Barbering managers. Notwithstanding section 454.23 (1) and (3) of the
13statutes, as created by this act, and subject to a notification and renewal under this
14paragraph, on the effective date of this paragraph, a person who, immediately prior
15to the effective date of this paragraph, held a valid manager license granted by the
16barbering and cosmetology examining board, is considered to be a licensed barbering
17manager, as defined in section 454.20 (9) of the statutes, as created by this act. The
18department shall issue a barbering manager license to that person under section
19454.23 (3) of the statutes, as created by this act, if the person notifies the department
20that the person intends to practice as a barbering manager subject to subchapter II
21of chapter 454 of the statutes, as created by this act, and satisfies the applicable
22renewal requirements for a barbering manager license under section 440.08 of the
23statutes, as affected by this act, before April 1, 2013.
SB489-SSA1,39,1124
(e)
Cosmetology managers. Notwithstanding section 454.06 (1) and (3) of the
25statutes, as affected by this act, and subject to a notification and renewal under this
1paragraph, on the effective date of this paragraph, a person who, immediately prior
2to the effective date of this paragraph, held a valid manager license granted by the
3barbering and cosmetology examining board, is considered to be a licensed
4cosmetology manager, as defined in section 454.20 (12) of the statutes, as created by
5this act. The cosmetology examining board shall issue a cosmetology manager
6license to that person under section 454.06 (3) of the statutes, as affected by this act,
7if the person notifies the cosmetology examining board that the person intends to
8practice as a cosmetology manager subject to subchapter I of chapter 454 of the
9statutes, as created by this act, and satisfies the applicable renewal requirements for
10a cosmetology manager license under section 440.08 of the statutes, as affected by
11this act, before April 1, 2013.
SB489-SSA1,40,212
(f)
Barbering establishments. Notwithstanding section 454.25 of the statutes,
13as created by this act, and subject to a notification and renewal under this paragraph,
14on the effective date of this paragraph, an establishment, as defined under section
15454.01 (10) of the statutes, that, immediately prior to the effective date of this
16paragraph, held a valid barbering or cosmetologist establishment license granted by
17the barbering and cosmetology examining board, is considered to be a licensed
18barbering establishment, as defined in section 454.20 (8) of the statutes, as created
19by this act. The department shall issue a barbering establishment license for that
20establishment under section 454.25 (2) of the statutes, as created by this act, if an
21authorized representative of the establishment notifies the department that the
22establishment will be maintained as a barbering establishment subject to
23subchapter II of chapter 454 of the statutes, as created by this act, and the applicable
24renewal requirements for a barbering establishment license under section 440.08 of
1the statutes, as affected by this act, are satisfied for the establishment before April
21, 2013.
SB489-SSA1,40,183
(g)
Cosmetology establishments. Notwithstanding section 454.08 of the
4statutes, as affected by this act, and subject to a notification and renewal under this
5paragraph, on the effective date of this paragraph, an establishment, as defined
6under section 454.01 (10) of the statutes, as affected by this act, that, immediately
7prior to the effective date of this paragraph, held a valid barbering or cosmetologist
8establishment license granted by the barbering and cosmetology examining board,
9is considered to be a licensed cosmetology establishment, as defined in section 454.20
10(11) of the statutes, as created by this act. The cosmetology examining board shall
11issue a cosmetology establishment license for that establishment under section
12454.08 (2) (a) of the statutes, as affected by this act, if an authorized representative
13of the establishment notifies the cosmetology examining board that the
14establishment will be maintained as a cosmetology establishment subject to
15subchapter I of chapter 454 of the statutes, as created by this act, and the applicable
16renewal requirements for a cosmetology establishment license under section 440.08
17of the statutes, as affected by this act, are satisfied for the establishment before April
181, 2013.
SB489-SSA1,41,719
(h)
Schools of barbering. Notwithstanding section 440.62 (3) (ag) of the
20statutes, as created by this act, and subject to a notification and renewal under this
21paragraph, on the effective date of this paragraph, a school, as defined in section
22440.60 (14) of the statutes, as affected by this act, that, immediately prior to the
23effective date of this paragraph, held a valid school of barbering or cosmetology
24license granted by the department, is considered to be a licensed school of barbering
25under subchapter VI of chapter 440 of the statutes, as affected by this act. The
1department shall issue a school of barbering license to that school under section
2440.62 (3) (ag) of the statutes, as created by this act, if an authorized representative
3of the school notifies the department that the school will be maintained as a school
4of barbering subject to subchapter VI of chapter 440 of the statutes, as affected by
5this act, and the applicable renewal requirements for a school of barbering license
6under section 440.08 of the statutes, as affected by this act, are satisfied for the school
7before April 1, 2013.
SB489-SSA1,41,218
(i)
Schools of cosmetology. Notwithstanding section 440.62 (3) (ar) of the
9statutes, as created by this act, and subject to a notification and renewal under this
10paragraph, on the effective date of this paragraph, a school, as defined in section
11440.60 (14) of the statutes, as affected by this act, that, immediately prior to the
12effective date of this paragraph, held a valid school of barbering or cosmetology
13license granted by the department is considered to be a licensed school of cosmetology
14under subchapter VI of chapter 440 of the statutes, as affected by this act. The
15department shall issue a school of barbering license to that school under section
16440.62 (3) (ar) of the statutes, as created by this act, if an authorized representative
17of the school notifies the department that the school will be maintained as a school
18of cosmetology subject to subchapter VI of chapter 440 of the statutes, as affected by
19this act, and the applicable renewal requirements for a school of cosmetology license
20under section 440.08 of the statutes, as affected by this act, are satisfied for the school
21before April 1, 2013.
SB489-SSA1,42,822
(j)
Barbering instructors. Notwithstanding section 440.63 (3) (a) of the
23statutes, as affected by this act, and subject to a notification and renewal under this
24paragraph, on the effective date of this paragraph, a person who, immediately prior
25to the effective date of this paragraph, held a valid barbering or cosmetology
1instructor certificate granted by the department, is considered to be a certified
2barbering instructor under subchapter VI of chapter 440 of the statutes, as affected
3by this act. The department shall issue a barbering instructor certificate to that
4person under section 440.63 (3) (a) of the statutes, as affected by this act, if the person
5notifies the department that the person intends to act as a barbering instructor
6subject to subchapter VI of chapter 440 of the statutes, as affected by this act, and
7satisfies the applicable renewal requirements for a barbering instructor certificate
8under section 440.08 of the statutes, as affected by this act, before April 1, 2013.
SB489-SSA1,42,219
(k)
Cosmetology instructors. Notwithstanding section 440.63 (3) (am) of the
10statutes, as created by this act, and subject to a notification and renewal under this
11paragraph, on the effective date of this paragraph, a person who, immediately prior
12to the effective date of this paragraph, held a valid barbering or cosmetology
13instructor certificate granted by the department, is considered to be a certified
14cosmetology instructor under subchapter VI of chapter 440 of the statutes, as
15affected by this act. The department shall issue a cosmetology instructor certificate
16to that person under section 440.63 (3) (am) of the statutes, as created by this act,
17if the person notifies the department that the person intends to act as a cosmetology
18instructor subject to subchapter VI of chapter 440 of the statutes, as affected by this
19act, and satisfies the applicable renewal requirements for a cosmetology instructor
20certificate under section 440.08 of the statutes, as affected by this act, before April
211, 2013.
SB489-SSA1,42,2323
(1)
This act takes effect on July 1, 2012.
