SB335: Bill Text

5. Provisions regarding resolutions of disputes among member states and between member and nonmember states, including a process for termination of a state’s membership in the compact if the state defaults on its obligations under the compact.

The compact becomes effective upon enactment by seven states. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the enactment of that repeal.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB335,1 Section 1. 14.837 of the statutes is created to read:

SB335,3,5 14.837 Cosmetology licensure compact. There is created a cosmetology licensure compact commission as specified in s. 454.50. The delegate on the commission representing this state shall be appointed by the cosmetology examining board as provided in s. 454.50 (9) (b) 1. and shall be an individual described in s. 454.50 (9) (b) 2. The commission has the powers and duties granted and imposed under s. 454.50.

SB335,2 Section 2. 440.03 (11m) (c) 2rm. of the statutes is created to read:

SB335,3,9 440.03 (11m) (c) 2rm. The coordinated database and reporting system under s. 454.50 (10), if such disclosure is required under the cosmetology licensure compact under s. 454.50.

SB335,3 Section 3. 454.01 (4) of the statutes is created to read:

SB335,3,13 454.01 (4) “Authorization to practice” means the authorization to practice, as defined in s. 454.50 (2) (c), of an individual in this state under a multistate license granted by another state that is a party to the compact.

SB335,4 Section 4. 454.01 (6) of the statutes is created to read:

SB335,3,16 454.01 (6) “Compact” means the cosmetology licensure compact under s. 454.50.

SB335,5 Section 5. 454.01 (14g) of the statutes is created to read:

SB335,3,18 454.01 (14g) “Multistate license” has the meaning given in s. 454.50 (2) (u).

SB335,6 Section 6. 454.01 (14r) of the statutes is created to read:

SB335,3,22 454.01 (14r) “Single-state license” means a single-state license, as defined in s. 454.50 (2) (x), to practice cosmetology granted by the examining board under s. 454.06 (2) or 454.13.

SB335,7 Section 7. 454.04 (1) (a) of the statutes is renumbered 454.04 (1) (a) (intro.) and amended to read:

SB335,4,5 454.04 (1) (a) (intro.) Except as permitted under pars. (b) and (d), sub. (1m), and subch. II, no person may engage in cosmetology unless the any of the following applies:

SB335,4,8 1. The person has received training in the areas of service provided and holds a current cosmetologist license issued by the examining board that is not an inactive license or.

SB335,4,10 3. The person has received training in the areas of service provided and holds a temporary permit issued by the examining board or.

SB335,4,11 4. The person is an apprentice under s. 454.10 or.

SB335,4,12 5. The person is a student in a cosmetology course of instruction.

SB335,8 Section 8. 454.04 (1) (a) 2. of the statutes is created to read:

SB335,4,16 454.04 (1) (a) 2. The person has received training in the areas of service provided and holds a multistate license granted in another state that is a party to the compact.

SB335,9 Section 9. 454.04 (1) (b) of the statutes is renumbered 454.04 (1) (b) (intro.) and amended to read:

SB335,4,20 454.04 (1) (b) (intro.) No person may engage in aesthetics unless the any of the following applies:

SB335,4,23 1. The person has received training in the areas of service provided and holds a current aesthetician license or cosmetologist license issued by the examining board that is not an inactive license or.

SB335,5,2 3. The person has received training in the areas of service provided and holds a temporary permit or training permit issued by the examining board or.

SB335,5,3 4. The person is an apprentice under s. 454.10 or.

SB335,5,5 5. The person is a student in an aesthetics or cosmetology course of instruction.

SB335,10 Section 10. 454.04 (1) (b) 2. of the statutes is created to read:

SB335,5,9 454.04 (1) (b) 2. The person has received training in the areas of service provided and holds a multistate license granted in another state that is a party to the compact.

SB335,11 Section 11. 454.04 (1) (d) of the statutes is renumbered 454.04 (1) (d) (intro.) and amended to read:

SB335,5,13 454.04 (1) (d) (intro.) No person may engage in manicuring unless the any of the following applies:

SB335,5,16 1. The person has received training in the areas of service provided and holds a current manicurist license or cosmetologist license issued by the examining board that is not an inactive license or.

SB335,5,18 3. The person has received training in the areas of service provided and holds a temporary permit or training permit issued by the examining board or.

SB335,5,19 4. The person is an apprentice under s. 454.10 or.

SB335,5,21 5. The person is a student in a manicuring or cosmetology course of instruction.

SB335,12 Section 12. 454.04 (1) (d) 2. of the statutes is created to read:

SB335,6,2 454.04 (1) (d) 2. The person has received training in the areas of service provided and holds a multistate license granted in another state that is a party to the compact.

SB335,13 Section 13. 454.04 (2) (a) of the statutes is amended to read:

SB335,6,7 454.04 (2) (a) No person may use the title “cosmetologist” or any other similar title unless the person holds a current cosmetologist license issued by the examining board that is not an inactive license or holds a multistate license granted in another state that is a party to the compact.

SB335,14 Section 14. 454.04 (2) (b) of the statutes is amended to read:

SB335,6,12 454.04 (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 issued by the examining board that is not an inactive license or holds a multistate license granted in another state that is a party to the compact.

SB335,15 Section 15. 454.04 (2) (d) of the statutes is amended to read:

SB335,6,17 454.04 (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 issued by the examining board that is not an inactive license or holds a multistate license granted in another state that is a party to the compact.

SB335,16 Section 16. 454.06 (6m) of the statutes is created to read:

SB335,6,20 454.06 (6m) Multistate license. The examining board shall grant a multistate license to any of the following:

SB335,6,22 (a) A person who holds a single-state license, satisfies the conditions in sub. (1), and satisfies the applicable requirements under s. 454.50 (4).

SB335,7,3 (b) A person who holds a multistate license granted in another state that is a party to the compact, changes his or her primary state of residence to this state, satisfies the conditions in sub. (1), and satisfies the applicable requirements under s. 454.50 (5).

SB335,17 Section 17. 454.06 (8) of the statutes is amended to read:

SB335,7,10 454.06 (8) Expiration and renewal. The renewal date for licenses issued under subs. (2) to (6) (6m) is specified under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a). The examining board may not renew a license issued to a person under subs. (2) to (6) (6m) unless the person certifies to the examining board that the person has reviewed the current digest under s. 454.125.

SB335,18 Section 18. 454.06 (8m) (a) of the statutes is renumbered 454.06 (8m) (a) 1. and amended to read:

SB335,7,19 454.06 (8m) (a) 1. Any Except as provided in subd. 2., a person who has been issued a license under subs. (2) to (6) may apply to the examining board to classify that license as inactive. Upon application under this paragraph subdivision, the examining board may classify a license as inactive if the examining board determines that the person who holds that license is in good standing with the examining board and intends to refrain from the practice that is authorized under the license during the period that the license is an inactive license.

SB335,19 Section 19. 454.06 (8m) (a) 2. of the statutes is created to read:

SB335,7,24 454.06 (8m) (a) 2. A multistate license may not be classified as inactive under subd. 1. The examining board may allow a person who holds a multistate license to convert his or her license to a single-state license for the purpose of classifying the license as inactive under subd. 1.

SB335,20 Section 20. 454.125 (1) of the statutes is amended to read:

SB335,8,5 454.125 (1) At the time the department gives notice of renewal under s. 440.08 (1), the department shall send, by electronic mail, to each person granted a license under s. 454.06 (2) to (6) (6m) a digest that describes changes to statutes and rules that affect the practice of cosmetology, aesthetics, manicuring, or electrology.

SB335,21 Section 21. 454.15 (2) (intro.) of the statutes is amended to read:

SB335,8,13 454.15 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1) and this subchapter, the examining board may revoke, limit, suspend, or refuse to issue or renew, in accordance with the severity of the violation, a license or permit issued under this subchapter or an authorization to practice or reprimand the holder of a license or permit issued under this subchapter or an individual who is exercising an authorization to practice if it finds that the holder or, applicant, or individual has done any of the following:

SB335,22 Section 22. 454.20 (10) of the statutes is amended to read:

SB335,8,17 454.20 (10) “Licensed cosmetologist” means a person licensed by the cosmetology examining board under s. 454.06 (2) or (6m) whose license is not an inactive license under s. 454.06 (8m).

SB335,23 Section 23. 454.22 (1) (k) of the statutes is created to read:

SB335,8,20 454.22 (1) (k) An individual who is exercising an authorization to practice, as defined in s. 454.01 (4).

SB335,24 Section 24. 454.22 (2) of the statutes is amended to read:

SB335,9,2 454.22 (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 person specified in sub. (1) (a), (f), or (k).

SB335,25 Section 25. Subchapter III of chapter 454 [precedes 454.50] of the statutes is created to read:

SB335,9,5 CHAPTER 454

SB335,9,6 SUBCHAPTER III

SB335,9,7 COSMETOLOGY LICENSURE COMPACT

SB335,9,18 454.50 Cosmetology licensure compact. (1) Article 1 - purpose. The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the member states seek to establish a regulatory framework which provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring the provision of safe, effective, and reliable services to the public. This compact is designed to achieve the following objectives, and the member states hereby ratify the same intentions by subscribing hereto:

SB335,9,20 (a) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure;

SB335,9,22 (b) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession;

SB335,10,2 (c) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology;

SB335,10,3 (d) Support relocating military members and their spouses;

SB335,10,5 (e) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of cosmetology;

SB335,10,8 (f) Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states.

SB335,10,10 (2) Article 2 - definitions. As used in this compact, and except as otherwise provided, the following definitions shall govern the terms:

SB335,10,13 (a) “Active duty military” means any individual in full-time duty status in the active uniformed service of the United States including members of the national guard and reserve.

SB335,10,21 (b) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a member state’s laws which is imposed by a state licensing authority or other regulatory body against a cosmetologist, including actions against an individual’s license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee’s practice, or any other encumbrance on a license affecting an individual’s ability to participate in the cosmetology industry, including the issuance of a cease and desist order.

SB335,11,2 (c) “Authorization to practice” means a legal authorization associated with a multistate license permitting the practice of cosmetology in that remote state, which shall be subject to the enforcement jurisdiction of the state licensing authority in that remote state.

SB335,11,4 (d) “Alternative program” means a monitoring or prosecutorial diversion program approved by a member state’s state licensing authority.

SB335,11,9 (e) “Background check” means the submission of information for an applicant for the purpose of obtaining that applicant’s criminal history record information, as further defined in 28 CFR 20.3 (d), from the federal bureau of investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant’s home state.

SB335,11,12 (f) “Charter member state” means member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in sub. (13).

SB335,11,16 (g) “Commission” means the government agency whose membership consists of all states that have enacted this compact, which is known as the cosmetology licensure compact commission, as defined in sub. (9), and which shall operate as an instrumentality of the member states.

SB335,11,18 (h) “Cosmetologist” means an individual licensed in their home state to practice cosmetology.

SB335,11,21 (i) “Cosmetology,” “cosmetology services,” and the “practice of cosmetology” mean the care and services provided by a cosmetologist as set forth in the member state’s statutes and regulations in the state where the services are being provided.

SB335,11,22 (j) “Current significant investigative information” means: