454.10 Cross-referenceCross-reference: See also ch. Cos 6, Wis. adm. code. 454.12454.12 Continuing education. The examining board may impose continuing education requirements on a person who holds a license under this subchapter that is not an inactive license as a part of the disciplinary process to ensure competency. 454.125(1)(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) a digest that describes changes to statutes and rules that affect the practice of cosmetology, aesthetics, manicuring, or electrology. 454.125(2)(2) The department shall make available at all times on its Internet site the digest described in sub. (1). 454.125 HistoryHistory: 2017 a. 81. 454.13454.13 Licensees of other jurisdictions. 454.13(1)(1) Upon application and payment of the fee specified in s. 440.05 (2), the examining board may issue a license to practice cosmetology, aesthetics, electrology, or manicuring to an applicant who is licensed in another state or territory of the United States or in another country to perform services that are substantially the same as those performed by licensees in this state and to whom either of the following applies: 454.13(1)(a)(a) The applicant completes a one-hour course educating the applicant on statutes and rules that apply to the practice, has never been disciplined by the licensing authority of another jurisdiction, and is not a party to a proceeding before the licensing agency in which it is alleged that the applicant was negligent in the licensed practice or violated the law relating to the licensed practice. 454.13(1)(b)(b) The applicant meets the requirements established in a reciprocal agreement under sub. (2) between the examining board and the licensing authority in the state where the applicant is licensed. 454.13(2)(2) The examining board may enter into reciprocal agreements with officials of other states for licensing cosmetologists, aestheticians, electrologists, and manicurists and grant licenses to persons licensed in other states according to the terms of such an agreement. 454.14(1)(1) The department shall appoint inspectors under the classified service to inspect licensed establishments. 454.14(2)(2) An inspector appointed under sub. (1) may enter and inspect any licensed establishment at any time during business hours. 454.14 HistoryHistory: 1987 a. 265. 454.14 Cross-referenceCross-reference: See also ch. Cos 3, Wis. adm. code. 454.145454.145 Disclosure of temporary permit status. A person practicing under a temporary permit issued under s. 454.06 (10) shall, before performing a service that he or she is authorized to perform by the temporary permit, inform the person who is receiving the service that he or she is practicing under a temporary permit and that he or she has satisfied all requirements except passage of an examination for a license for the applicable occupation. 454.145 HistoryHistory: 1995 a. 231. 454.15454.15 Disciplinary proceedings and actions. 454.15(1)(1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations or conduct hearings to determine whether a person has violated this subchapter or any rule promulgated under this subchapter. 454.15(2)(2) 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 reprimand the holder of a license or permit issued under this subchapter if it finds that the holder or applicant has done any of the following: 454.15(2)(a)(a) Made a material misstatement in an application for license or permit or renewal, or in an application to classify a license as an inactive license. 454.15(2)(b)(b) Failed to correct or take substantial steps approved by the examining board to correct a violation of any sanitary or other rule of the examining board within the time limit stated by the examining board in a notification of violation. 454.15(2)(c)(c) Engaged in conduct in the practice of barbering, cosmetology, aesthetics, electrology, or manicuring that evidences a lack of knowledge or ability to apply professional principles or skills. 454.15(2)(d)(d) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a felony committed while engaged in the practice of barbering, cosmetology, aesthetics, electrology, or manicuring. 454.15(2)(e)(e) Continued practice while knowingly having an infectious, contagious or communicable disease. 454.15(2)(f)(f) Advertised in a manner which is false, deceptive or misleading. 454.15(2)(g)(g) Advertised, practiced or attempted to practice under another’s name or another’s trade name. 454.15(2)(h)(h) Subject to ss. 111.321, 111.322 and 111.34, been addicted to alcohol or other drugs to an extent related to the individual’s ability to adequately undertake the job-related responsibilities of that individual’s licensure. 454.15(2)(i)(i) Violated this subchapter or any rule promulgated under this subchapter. 454.15(3)(3) The examining board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension or denial of a license or permit, assess against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense. Each day of continued violation constitutes a separate offense. 454.15 Cross-referenceCross-reference: See also ch. Cos 10, Wis. adm. code. 454.16454.16 Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter shall be fined not less than $100 nor more than $5,000 or imprisoned for not less than 10 days nor more than 90 days or both. 454.16 HistoryHistory: 1987 a. 265; 2011 a. 190. BARBERING
454.20454.20 Definitions. In this subchapter: 454.20(1)(1) “Barber” means a person who practices barbering. 454.20(2)(2) “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, natural hair braiding, or the application of temporary or permanent eyelash extensions to the eyelashes of a person. 454.20(7)(7) “Licensed barber” means a person licensed by the department under s. 454.23 (2) whose license is not an inactive license under s. 454.23 (6). 454.20(8)(8) “Licensed barbering establishment” means an establishment licensed by the department under s. 454.25 (2). 454.20(10)(10) “Licensed cosmetologist” means a person licensed by the cosmetology examining board under s. 454.06 (2) whose license is not an inactive license under s. 454.06 (8m). 454.20(11)(11) “Licensed cosmetology establishment” means an establishment licensed by the cosmetology examining board under s. 454.08 (2) (a). 454.20(11m)(11m) “Mechanical device” means a clip, comb, crochet hook, curler, curling iron, hairpin, roller, scissors, needle, thread, or hair binder. 454.20(12m)(a)(a) “Natural hair braiding” means twisting, wrapping, weaving, extending, locking, crocheting, or braiding hair by hand or with a mechanical device. “Natural hair braiding” includes all of the following: 454.20(12m)(a)1.1. Using natural or synthetic hair extensions, natural or synthetic hair or fibers, decorative beads, and other hair accessories. 454.20(12m)(a)2.2. Trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, crocheting, or braiding hair. 454.20(12m)(a)3.3. Making wigs from natural hair, natural fibers, synthetic fibers, or hair extensions. 454.20(12m)(a)4.4. Using topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos in conjunction with an activity described in this paragraph. 454.20(12m)(b)(b) “Natural hair braiding” does not include any of the following: 454.20(12m)(b)1.1. The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair. 454.20(12m)(b)2.2. Using chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds. 454.21454.21 Limitations and exceptions. Barbering does not include any of the following: 454.21(1)(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. 454.21(2)(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. 454.21(3)(a)(a) A service performed preparatory to a live public performance or appearance, whether in-person or through broadcast media, including the Internet. 454.21(3)(b)(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. 454.22(1)(1) No person may engage in barbering unless the person is one of the following: 454.22(1)(d)(d) A student in a barbering course of instruction. 454.22(1)(e)(e) A person who holds a temporary permit to practice barbering granted by the department under s. 454.23 (7). 454.22(1)(i)(i) A student in a cosmetology course of instruction. 454.22(1)(j)(j) A person who holds a temporary permit to practice cosmetology granted by the cosmetology examining board under s. 454.06 (10). 454.22(2)(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. 454.23(1)(1) Application. An applicant for licensure under this section shall submit an application to the department on a form prescribed by the department. 454.23(2)(2) Barber license. The department shall grant a barber license to any person who submits an application under sub. (1) and satisfies all of the following conditions: 454.23(2)(b)(b) Subject to ss. 111.321, 111.322, and 111.335, the applicant presents evidence satisfactory to the department that the applicant has not been convicted of a felony committed while engaged in the practice of barbering. 454.23(2)(c)(c) The applicant graduates from high school or attains high school graduation equivalency as determined by the department of public instruction; is participating in a program approved by the department; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d). 454.23(2)(d)(d) The applicant graduates from a course of instruction in barbering of at least 1,000 training hours in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s. 440.61 or the applicant successfully completes an apprenticeship under s. 454.26.
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