Ch. SPS 50 Note
Note: This chapter was created as
ch. SPS 205 by emergency rule
EmR1302, effective 2-14-13.
SPS 50.100
SPS 50.100 Authority and scope. Pursuant to subch.
II of ch. 454, Stats., this chapter applies to licensing of barbers and barbering establishments.
SPS 50.100 Note
Note: Under s.
454.22 (1), Stats., “No person may engage in barbering unless the person is one of the following:
SPS 50.100 Note
(a) A licensed barber.
SPS 50.100 Note(c) An apprentice in barbering under s.
454.26.
SPS 50.100 Note
(d) A student in a barbering course of instruction.
SPS 50.100 Note
(e) A person who holds a temporary permit to practice barbering granted by the department under s.
454.23 (7).
SPS 50.100 Note
(f) A licensed cosmetologist.
SPS 50.100 Note(h) An apprentice in cosmetology under s.
454.10.
SPS 50.100 Note
(i) A student in a cosmetology course of instruction.
SPS 50.100 Note
(j) A person who holds a temporary permit to practice cosmetology granted by the cosmetology examining board under s.
454.06 (10).
SPS 50.100 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
CR 23-055: am. Register May 2024 No. 821, eff. 6-1-24.
SPS 50.110
SPS 50.110 Definitions. In this chapter:
SPS 50.110(1)
(1) “Antiseptic" means a chemical that kills or inhibits the growth of organisms on skin or living tissue.
SPS 50.110(1m)
(1m) “Apprentice" means a person who is learning the practice of barbering under s.
454.26, Stats.
SPS 50.110 Note
Note: Section
454.20 (1) of the Statutes reads as follows: “ `Barber' means a person who practices barbering."
SPS 50.110 Note
Note: Section
454.20 (2) of the Statutes reads as follows: “`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." The definition of barbering specifically allows barbers to perform waxing but prohibits barbers from performing all other forms of hair removal at the root.
SPS 50.110(5)
(5) “Business day" means any day Monday to Friday, excluding Wisconsin legal holidays.
SPS 50.110(6)
(6) “Contact equipment" includes combs, lifts, brushes, and rollers.
SPS 50.110(7)
(7) “Contagious" means capable of being transmitted by direct or indirect contact.
SPS 50.110(8)
(8) “Continuing education" means the planned, professional development activities designed to contribute to the advancement, extension, and enhancement of the professional skills or knowledge of the licensees in the practice of barbering.
SPS 50.110(11)
(11) “Credential" means a license, permit, or certificate or certification of registration that is issued under ch.
454, Stats.
SPS 50.110(12)
(12) “Department" means the department of safety and professional services.
SPS 50.110(13)
(13) “Disinfectant" means a chemical or product that destroys disease-causing bacteria, including any of the following:
SPS 50.110(13)(a)
(a) A solution of household bleach, which is 5
¼% sodium hypochlorite, and water—if the solution is made fresh each day prior to use and contains at least 500 parts per million available chlorine.
SPS 50.110 Note
Note: This concentration typically can be obtained with a dilution ratio of 1:100, which is two teaspoons of household bleach per quart of water.
SPS 50.110(13)(d)
(d) A solution using an iodophor germicidal agent such as iodine or Betadine
®.
SPS 50.110(14)
(14) “Disinfection" means application of a disinfectant following thorough cleaning of the utensil.
SPS 50.110(15)
(15) “Division" means the division of legal services and compliance in the department of safety and professional services.
SPS 50.110 Note
Note: Section
454.01 (10) of the Statutes reads as follows: “ `Establishment' means any place in which barbering, cosmetology, aesthetics, electrology, or manicuring is performed."
SPS 50.110(17)
(17) “Full time" means work that is performed for 30 hours per week or the maximum number of hours an establishment is open if the establishment is open less than 30 hours per week.
SPS 50.110(18)
(18) “Infectious" means capable of being transmitted, with or without contact.
SPS 50.110(19)
(19) “Licensee" means a person who holds a license, permit, certificate, or registration issued by the department or who has the right to renew a license, permit, certificate, or registration issued by the department.
SPS 50.110(21)
(21) “Owner" means a person who holds an establishment license or right to renew an establishment license.
SPS 50.110(22)
(22) “Patron" means a person to whom services from a barber are provided for compensation.
SPS 50.110(23)
(23) “Personal care instruments" include scissors, razors, and clipper blades.
SPS 50.110(24)
(24) “Physician" means a person licensed in Wisconsin to practice medicine and surgery.
SPS 50.110(25)
(25) “Sterilization" means a process that destroys all forms of microbial life, including spores.
SPS 50.110(26)
(26) “Supervision" means regular, on-premise coordination, direction, and inspection of the practice of another.
SPS 50.110 Note
Note: Under section
454.23 (7) of the Statutes, temporary permits allow applicants to perform barbering for up to 6 months while they are scheduled to take the licensure examination.
SPS 50.110(28)
(28) “Wound" means an injury to the body in which the skin or other tissue is broken, cut, pierced, or torn, such as through a scissors cut, razor cut, or other laceration.
SPS 50.110 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
CR 15-028: cr. (1m)
Register September 2015 No. 717, eff. 10-1-15;
CR 23-055: r. (4), (9), (10), r. and recr. (20) Register May 2024 No. 821, eff. 6-1-24.
SPS 50.200
SPS 50.200 Treatments prohibited, infectious and contagious diseases. SPS 50.200(1)(1)
No licensee may treat any disease of the skin unless under the direction of a physician.
SPS 50.200(2)
(2) No licensee may provide services to a patron suffering from an infectious or contagious scalp or skin disease unless the licensee takes appropriate precautions and uses safeguards to prevent the spread of the disease to other patrons and to the licensee.
SPS 50.200(3)
(3) No licensee, having a known infectious or contagious disease, may provide a service to a patron if the licensee is, by reason of the disease, unable to safely and competently perform the service.
SPS 50.200(4)
(4) No licensee may provide services to a patron if the licensee has a known infectious or contagious disease unless the licensee takes appropriate precautions and uses safeguards that prevent the spread of the disease to patrons.
SPS 50.200 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.210(1)(1)
Services provided by any licensee shall be performed in a manner that is consistent with basic and accepted practice standards and in accordance with all state statutes and department rules applicable to barbering.
SPS 50.210(2)
(2) Licensees may provide only those services that they are competent to perform by training or experience and are licensed to provide.
SPS 50.210(3)
(3) Licensees shall provide services to the best of their ability and make reasonable efforts to comply with requests in a manner that is satisfactory to a patron. Licensees may not provide services to a patron without first obtaining the consent of the patron or legal guardian of the patron.
SPS 50.210(4)
(4) Licensees may neither consume alcohol nor take controlled substances during practice, unless prescribed by a physician.
SPS 50.210(5)
(5) Licensees shall take adequate and necessary precautions to protect the patron from health and safety hazards when performing services. Licensees may not smoke while performing personal services on a patron.
SPS 50.210(6)
(6) Licensees may not engage in sexual harassment or sexual assault of a patron, former patron, employee, employer, or co-worker. In this section, “sexual harassment" and “sexual assault" have the meanings defined in ss.
111.32 (13),
940.225 (1),
(2),
(3), and
(3m) and
948.02 (1) and
(2), Stats.
SPS 50.210 Note
Note: Section
111.32 (13) of the Statutes defines sexual harassment as “ ...unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. `Sexual harassment' includes conduct directed by a person at another person of the same or opposite gender. `Unwelcome verbal or physical conduct of a sexual nature' includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee's work performance or to create an intimidating, hostile or offensive work environment."
SPS 50.210 Note
Note: Body piercers, body piercing establishments, tattooists, and tattoo establishments are regulated by the Department of Health Services under chapter DHS 173. Tanning facilities and tanning facility operators are regulated by the Department of Health Services under chapter DHS 161.
SPS 50.210 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.211(1)(1)
Licensees may not assist or participate in the unauthorized or unlicensed practice of barbering.
SPS 50.211(2)
(2) Licensees shall report to the department unauthorized or unlicensed practice or other violations of subch.
II of ch. 454, Stats., and this chapter.
SPS 50.211 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.212
SPS 50.212 Practice outside of a licensed establishment. A person authorized to practice barbering under s.
454.22 (1), Stats. may provide barbering services outside of a licensed establishment if all the following are true:
SPS 50.212(2)
(2) The person brings to the outside service location their active credential certificate, or a copy, provided to them under s.
454.23 (4), Stats.
SPS 50.212(3)
(3) The person complies with all practice standards, equipment, and sanitation requirements provided in this chapter when providing barbering services outside of a licensed establishment.
SPS 50.212(4)
(4) The services provided do not involve the use of a chemical process, with the exception of a chemical process in cleansing, cutting or styling hair.
SPS 50.212 Note
Note: Section
454.21, Stats., states: 454.21 Limitations and Exceptions. Barbering does not include any of the following:
SPS 50.212 Note
(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.
SPS 50.212 Note
(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.
SPS 50.212 Note
(3) (a) A service performed preparatory to a live public performance or appearance, whether in-person or through broadcast media, including the Internet.
SPS 50.212 Note
(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.
SPS 50.212 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
CR 23-055: r. and recr. Register May 2024 No. 821, eff. 6-1-24.
SPS 50.220(1)(1)
Advertising by licensees shall be truthful and accurate and may not mislead the public.
SPS 50.220(2)
(2) An establishment shall either post a list of cost of services in a conspicuous place or display a sign that states, “All establishment patrons have the right to be informed of the cost of services before the services are provided."
SPS 50.220 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
