Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for a period of 14 days for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals and no comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Katie Paff, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4472; email at Kathleen.Paff@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. SPS 50.110 (1m) is created to read:
SPS 50.110 (1m) “Apprentice” means a person who is learning the practice of barbering under s. 454.26, Stats. Section 2. SPS 50.110 (3) (Note) is amended to read:
SPS 50.110 (3) 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. Section 3. SPS 50.300 (intro.) is created to read:
SPS 50.300 Licensure through school. An applicant for licensure as a barber or a barbering manager may receive instruction in a school licensed under s. 440.62 (3) (ar), Stats., exempted under s. 440.61, Stats., or accredited by any of the following: (1)
National Accrediting Commission of Career Arts & Sciences (NACCAS)(2)
Accrediting Commission of Career Schools and Colleges (ACCSC)(3)
Council on Occupational Education (COE)(4)
National Interstate Council of State Boards of Cosmetology (NIC)(5)
Any other accrediting agency relating to cosmetology that is recognized by the U.S. Department of EducationSection 4. SPS 50.300 (1) is amended to read:
SPS 50.300 (1) General. Schools that provide instruction to students for a barber's or barbering manager's license shall develop curricula for instruction which are based on the applicable syllabus approved by the department. A school may not deviate from the hours listed for subjects in the appropriate syllabus included in this section.
Section 5. SPS 50.310 (3) (b) is amended to read:
SPS 50.310 (3) (b) Each apprentice shall receive at least 3,712 1,712 hours of training and experience in the practical services of barbering to qualify for the examination as a barber. Training and experience shall include the subjects and practical hours of training shown in Table 50.310.
Section 6. SPS 50.310 Table is repealed and recreated to read:
Table 50.310
Apprentice Training Experience
I. | Bacteriology, sterilization, and sanitation in the establishment. | 70 |
II. | Haircutting, hair tapering (clipper cuts), razor cutting, hair styling, curling, thermal waving, finger−waving, roller setting, pin curl placement, blow−drying, shampoos, scalp and hair treatment, conditioning, reconditioning, hair analysis, and care of hairpieces, wigs, and wefts. | 800 |
III. | Hair straightening, hair relaxing, thermal hair straightening, blowouts, permanents, hair coloring, tinting, bleaching (lightening), and chemistry. | 250 |
IV. | Shaving, beard and mustache shaping, trimming, superfluous hair removal, waxing, men’s facial, and facial massages. | 300 |
V. | General patron service and individual apprentice needs. | 292 |
| TOTAL PRACTICE HOURS | 1,712 |
Section 7. SPS 60.02 (1) is amended to read:
SPS 60.02 (1) "Aesthetician," "aesthetics," "apprentice," "barbering and cosmetology," "barber and cosmetologist,” “barber,” “barbering,” “barbering manager,” “cosmetologist,” “cosmetology,” “cosmetology manager,” "electrologist," "electrology," "establishment," "examining board," "manager," "manicuring," "manicurist," "practical instruction," "school," "specialty school," "student," "theoretical instruction," and "training hour" have the meanings given under s. 440.60, Stats. Section 8. SPS 61.01 is amended to read:
SPS 61.01 License period. All licenses issued under subch. V subch. VI of ch. 440, Stats., shall expire on July 1 unless renewed. Licenses issued under subch. V of ch. 440, Stats., may be renewed for a one year period be renewed on or before April 1 of each odd-numbered year. Section 9. SPS 61.02 is repealed.
Section 10. SPS 61.03 (1) (intro.) is amended to read:
SPS 61.03 (1) An application for initial licensure as a school, or for an additional location of a school, shall be made by the owner of the school on the form provided by the department, and shall be submitted with the fee required by s. 440.62 (2) (a), Stats. The department shall grant or deny the license application within 45 business days following receipt of the application. A separate application shall be made for each location and contain all of the following information: Section 11. SPS 61.03 (1) (intro.) (Note) is created to read:
SPS 61.03 (1) Note: Fees established by the department pursuant to s. 440.03 (9), Stats., are posted on the department's website, at www.dsps.wisconsin.gov. The renewal fees for all other credentials are noted in the related statutes or rules. Section 12. SPS 61.04 (1) and (2) are amended to read:
SPS 61.04 (1) Application for the renewal of a license for a school or specialty school shall be filed on or before May 31 April 1 of each odd-numbered year. The department shall grant or deny the application for license renewal within 45 business days following receipt of the application.
(2) A renewal application shall be filed together with the fee required by s. SPS 61.02 (2) s. 440.62 (2) (a), Stats., and shall contain the following information: Section 13. SPS 61.04 (2) (Note) is created to read:
SPS 61.04 (2) Note: Renewal fees established by the department pursuant to s. 440.03 (9), Stats., are posted on the department's website, at www.dsps.wisconsin.gov. The renewal fees for all other credentials are noted in the related statutes or rules. Section 14. SPS 61.05 (intro.) is amended to read:
SPS 61.05 To apply for reinstatement of a license expired for one year or longer, the owner of a school or specialty school shall file an application for an initial license. To apply for reinstatement of a license expired for less than one year, the owner of a school or specialty school shall file an application for renewal, as required by s. SPS 61.04, together with the application fee and late fee required by s. SPS 61.02 (2) and (4) 440.62 (2) (a), Stats.. The department shall grant or deny the application for reinstatement within 45 business days of receiving the application. The application shall include the following additional material:
