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  Date of enactment: November 27, 2017
2017 Senate Bill 109   Date of publication*: November 28, 2017
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 82
An Act to repeal 440.03 (13) (b) 15., 440.03 (13) (b) 19s., 440.08 (2) (a) 7., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a) 32., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag) 3., 440.62 (3) (ar) 3., 454.01 (7s), 454.06 (3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12), 454.22 (1) (b), 454.22 (1) (g), 454.23 (3) and 454.25 (1) (a); to amend 440.62 (5) (a), 440.63 (1), 440.63 (2), 440.635, 440.64 (3) (b) (intro.), 440.64 (3) (c), 454.04 (1) (a), 454.04 (1) (b), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d), 454.06 (4) (b) 2., 454.06 (5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08 (1) (b), 454.08 (4), 454.08 (6), 454.10 (3) (a), 454.13 (1) (intro.), 454.13 (2), 454.22 (2), 454.23 (4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25 (1) (b), 454.25 (4), 454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.) and 454.287; and to create 440.63 (1m), 454.08 (1) (ag), 454.08 (1) (ar), 454.25 (1) (ag) and 454.25 (1) (ar) of the statutes; relating to: practicing barbering and cosmetology outside licensed establishments, regulating barbering and cosmetology managers, instructor certificates for barbering, cosmetology, and related professions, and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
82,3 Section 3. 440.03 (13) (b) 15. of the statutes is repealed.
82,5 Section 5. 440.03 (13) (b) 19s. of the statutes is repealed.
82,8 Section 8. 440.08 (2) (a) 7. of the statutes is repealed.
82,9 Section 9. 440.08 (2) (a) 17. of the statutes is repealed.
82,10 Section 10. 440.08 (2) (a) 18. of the statutes is repealed.
82,11 Section 11. 440.08 (2) (a) 24g. of the statutes is repealed.
82,12 Section 12. 440.08 (2) (a) 24i. of the statutes is repealed.
82,13 Section 13. 440.08 (2) (a) 32. of the statutes is repealed.
82,14 Section 14. 440.08 (2) (a) 43. of the statutes is repealed.
82,15 Section 15. 440.60 (4s) of the statutes is repealed.
82,16 Section 16. 440.60 (5s) of the statutes is repealed.
82,17 Section 17. 440.62 (3) (ag) 3. of the statutes is repealed.
82,18 Section 18. 440.62 (3) (ar) 3. of the statutes is repealed.
82,19 Section 19. 440.62 (5) (a) of the statutes is amended to read:
440.62 (5) (a) No specialty school may offer theoretical instruction for managers or apprentices.
82,20g Section 20g. 440.63 (1) of the statutes is amended to read:
440.63 (1) Instructor certification required Instructors. (a) No person may provide practical instruction in barbering unless the person holds a current barbering instructor or cosmetology instructor certificate issued barber license granted by the department or cosmetologist license granted by the cosmetology examining board.
(am) No person may provide practical instruction in cosmetology unless the person holds a current cosmetology instructor certificate issued by the department cosmetologist license granted by the cosmetology examining board.
(b) No person may provide practical instruction in aesthetics unless the person holds a current aesthetics instructor or cosmetology instructor certificate issued by the department aesthetician license or cosmetologist license granted by the cosmetology examining board.
(c) No person may provide practical instruction in electrology unless the person holds a current electrology instructor certificate issued by the department electrologist license granted by the cosmetology examining board.
(d) No person may provide practical instruction in manicuring unless the person holds a current manicuring instructor or cosmetology instructor certificate issued by the department manicurist license or cosmetologist license granted by the cosmetology examining board.
82,20r Section 20r. 440.63 (1m) of the statutes is created to read:
440.63 (1m) Use of title. (a) No person may use the title “Wisconsin certified barbering instructor,” use any title that implies that he or she is a Wisconsin certified barbering instructor, or represent himself of herself to be a Wisconsin certified barbering instructor unless the person is certified as a barbering instructor under this subchapter.
(b) No person may use the title “Wisconsin certified cosmetology instructor,” use any title that implies that he or she is a Wisconsin certified cosmetology instructor, or represent himself of herself to be a Wisconsin certified cosmetology instructor unless the person is certified as a cosmetology instructor under this subchapter.
(c) No person may use the title “Wisconsin certified aesthetics instructor,” use any title that implies that he or she is a Wisconsin certified aesthetics instructor, or represent himself of herself to be a Wisconsin certified aesthetics instructor unless the person is certified as an aesthetics instructor under this subchapter.
(d) No person may use the title “Wisconsin certified electrology instructor,” use any title that implies that he or she is a Wisconsin certified electrology instructor, or represent himself of herself to be a Wisconsin certified electrology instructor unless the person is certified as an electrology instructor under this subchapter.
(e) No person may use the title “Wisconsin certified manicuring instructor,” use any title that implies that he or she is a Wisconsin certified manicuring instructor, or represent himself of herself to be a Wisconsin certified manicuring instructor unless the person is certified as a manicuring instructor under this subchapter.
82,26m Section 26m. 440.63 (2) of the statutes is amended to read:
440.63 (2) Applications; certification period. An application for initial certification or renewal or reinstatement of a certificate under this section shall be submitted to the department on a form provided by the department. An application for initial certification shall include the initial credential a one-time certification fee determined by the department using the procedures established under s. 440.03 (9) (a). Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a), and the applicable penalty for late renewal under s. 440.08 (3) if the application is submitted late, except that no certification fee is required under this section for an individual who is eligible for the veterans fee waiver program under s. 45.44. The department may not require renewal of a certificate issued under this section.
82,28 Section 28. 440.635 of the statutes is amended to read:
440.635 Persons providing practical instruction in specialty schools. (1) No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current cosmetology manager cosmetologist license or aesthetician license issued by the cosmetology examining board or a current cosmetology instructor or aesthetics instructor certificate issued by the department.
(2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license and a current cosmetology manager license issued by the cosmetology examining board or an electrology instructor certificate issued by the department.
(3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetology manager cosmetologist license or manicurist license issued by the cosmetology examining board or a current cosmetology instructor or manicuring instructor certificate issued by the department.
82,29 Section 29. 440.64 (3) (b) (intro.) of the statutes is amended to read:
440.64 (3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensee or certified instructor or deny, limit, suspend, or revoke a license or certificate under this subchapter if it finds that the applicant, or licensee or certified instructor has done any of the following:
82,30 Section 30. 440.64 (3) (c) of the statutes is amended to read:
440.64 (3) (c) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license or certificate under par. (b), the department may assess against a school, or specialty school or instructor a forfeiture of not less than $100 nor more than $5,000 for each violation enumerated under par. (b).
82,31 Section 31. 454.01 (7s) of the statutes is repealed.
82,32 Section 32. 454.04 (1) (a) of the statutes is amended to read:
454.04 (1) (a) Except as permitted under pars. (b) and (d), sub. (1m), and subch. II, no person may engage in cosmetology unless the person has received training in the areas of service provided and holds a current cosmetologist license or cosmetology manager license issued by the examining board that is not an inactive license or temporary permit issued by the examining board or is an apprentice under s. 454.10 or a student in a cosmetology course of instruction.
82,33 Section 33. 454.04 (1) (b) of the statutes is amended to read:
454.04 (1) (b) No person may engage in aesthetics unless the person has received training in the areas of service provided and holds a current aesthetician license, or cosmetologist license, or cosmetology manager license issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is an apprentice under s. 454.10 or a student in an aesthetics or cosmetology course of instruction.
82,34 Section 34. 454.04 (1) (d) of the statutes is amended to read:
454.04 (1) (d) No person may engage in manicuring unless the person has received training in the areas of service provided and holds a current manicurist license, or cosmetologist license, or cosmetology manager license issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is an apprentice under s. 454.10 or a student in a manicuring or cosmetology course of instruction.
82,35 Section 35. 454.04 (2) (a) of the statutes is amended to read:
454.04 (2) (a) No person may use the title “cosmetologist" or any other similar title unless the person holds a current cosmetologist license or cosmetology manager license issued by the examining board that is not an inactive license.
82,36 Section 36. 454.04 (2) (b) of the statutes is amended to read:
454.04 (2) (b) No person may use the title “aesthetician" or any other similar title unless the person holds a current aesthetician license, or cosmetologist license, or cosmetology manager license issued by the examining board that is not an inactive license.
82,37 Section 37. 454.04 (2) (d) of the statutes is amended to read:
454.04 (2) (d) No person may use the title “manicurist" or any other similar title unless the person holds a current manicurist license, or cosmetologist license, or cosmetology manager license issued by the examining board that is not an inactive license.
82,38 Section 38. 454.06 (3) of the statutes is repealed.
82,39 Section 39. 454.06 (4) (b) 2. of the statutes is amended to read:
454.06 (4) (b) 2. At least 450 training hours in not less than 11 weeks and not more than 30 weeks under the supervision of a cosmetology instructor or aesthetics instructor certified under s. 440.63 (3) (am) or (b) or a licensed cosmetology manager, licensed cosmetologist or aesthetician in a licensed establishment that is also licensed as a specialty school of aesthetics under s. 440.62 (4) (a).
82,40 Section 40. 454.06 (5) (b) 2. of the statutes is amended to read:
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