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 NoteNote: 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 HistoryHistory: 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 50.200SPS 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 HistoryHistory: 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 HistoryHistory: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13. SPS 50.212SPS 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 NoteNote: 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 HistoryHistory: 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 HistoryHistory: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13. SPS 50.230SPS 50.230 Responsibilities of owners. The owner of any licensed establishment shall be responsible for compliance with subch. II of ch. 454, Stats., and this chapter. The owner shall do all of the following: SPS 50.230(1)(1) Provide supplies and equipment necessary to maintain safe and sanitary establishment conditions. SPS 50.230(2)(2) Ensure the provision of supervision and training of apprentices and temporary permit holders. SPS 50.230 NoteNote: See section SPS 50.310 for additional requirements for owners who have apprentices. SPS 50.230(3)(3) Owners shall maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of s. 440.63 (3) (a) 2. or 454.23 (2), Stats., for credentialing as an instructor, or barber, respectively. Owners shall maintain these records for a minimum of 5 years. SPS 50.230(4)(4) Employ at least one licensed barber or cosmetologist as a full-time manager who shall have direct authority over the operations of the establishment. SPS 50.230 HistoryHistory: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 23-055: am. (3), (4) Register May 2024 No. 821, eff. 6-1-24. SPS 50.231SPS 50.231 Responsibilities of the manager. SPS 50.231(1)(1) The manager of a barbering establishment shall be responsible for the daily operations of the establishment and ensure that the establishment is in compliance with subch. II of ch. 454, Stats., and this chapter. The manager shall maintain supplies and equipment necessary to ensure safe and sanitary establishment conditions. SPS 50.231(3)(3) The manager shall, for a minimum of 5 years, maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of ss. 440.63 (3) (a) 2. and 454.23 (2), Stats., for credentialing as an instructor or barber, respectively. SPS 50.231(4)(4) The manager shall post all required licenses, permits, and notices within the establishment in a conspicuous location where they are readily visible to the public. SPS 50.231 HistoryHistory: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 23-055: r. (2), am. (3) Register May 2024 No. 821, eff. 6-1-24. SPS 50.232SPS 50.232 Responsibilities of licensees. Licensees holding current licenses or permits granted under subch. II of ch. 454, Stats., shall be responsible for all of the following: SPS 50.232 HistoryHistory: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13. SPS 50.240(1)(1) Barbering may not be practiced outside the confines of a licensed establishment except as provided in s. SPS 50.212. SPS 50.240(2)(2) Establishments where apprentices are trained shall provide equipment, supplies, and products for all barbering services. SPS 50.240(3)(3) Where an establishment is located in the same building as a residence, the business and living quarters shall be separate. SPS 50.240(4)(4) Establishments shall provide a basin that has hot and cold running water, and a chair that is designed for the service to be provided. At least one basin shall be constructed and available to permit licensees to wash their hands prior to serving each patron and following removal of gloves. Establishments shall provide the equipment and supplies necessary to perform services offered. Basins may be shared with other establishments located on the same premises. SPS 50.240 NoteNote: See chapters SPS 361 to 366 or 320 to 325 for ventilation requirements in commercial buildings or one- and two-family dwellings, respectively.
SPS 50.240 HistoryHistory: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13. SPS 50.241SPS 50.241 Establishment management and leasing requirements. SPS 50.241(1)(1) Manager required. The owner of a barbering establishment may not operate the establishment unless a manager is employed for the establishment, subject to the exception for temporary unavailability of a manager in s. SPS 50.230 (4). The manager shall be responsible for supervising and managing the operation of the establishment. The owner and the manager shall ensure that the establishment operates in compliance with subch. II of ch. 454, Stats., and rules of the department including all of the following: SPS 50.241(1)(a)(a) The owner of more than one establishment shall employ a sufficient number of managers to satisfy the requirement that a manager be present full time in each establishment. SPS 50.241(1)(b)(b) The owner of a barbering establishment may satisfy the requirement in this section by employing a manager who also works at an establishment owned by a different person, provided the manager works full time at each establishment where he or she is employed as manager. SPS 50.241(1)(c)(c) A manager is required to be present in an establishment full time except if an establishment is open for more than 30 hours per week, the manager is not required to be present in the establishment at all times when the establishment is open for business, and the manager may be absent for reasonable brief periods during a day. SPS 50.241(2)(2) Chair or booth leasing. An individual who is neither employed by nor otherwise hired by an owner may perform barbering or cosmetology with a chair or booth in the owner’s establishment only if all of the following are complied with: SPS 50.241(2)(a)(a) A lease agreement between the owner and individual, for the chair or booth, shall be executed in writing. SPS 50.241(2)(b)(b) The lessee shall be responsible for ensuring that the leased chair or booth operates in accordance with subch. II of ch. 454, Stats., and the rules of the department. SPS 50.241(2)(c)(c) The lessee shall be a manager and shall hold an establishment license. SPS 50.241(2)(d)(d) The lessee may not supervise an apprentice who has an apprenticeship contract with another establishment. SPS 50.241 NoteNote: “Lease agreement” in this section includes chair and booth “rental” agreements. To avoid unintended insurance and tax consequences, all parties to a lease or rental agreement are advised to consult with appropriate business advisors and government agencies.
SPS 50.241 HistoryHistory: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13. SPS 50.242(1)(1) Before a person may open a new establishment, or change the ownership of an existing establishment, or relocate and create a new establishment as specified in s. SPS 50.260 (2), the person shall submit an application to the department on a form specified by the department. SPS 50.242 NoteNote: The application form is available on the Department’s Web site at www.dsps.wi.gov/Home. SPS 50.242(2)(2) The department shall require identification of the owner, business address, manager, and type of business, in addition to other information that may be needed to approve the issuance of a license. SPS 50.242(3)(3) Upon approval of the application and issuance of the license, the establishment may open for business. SPS 50.242(4)(4) Falsification of any information on the application may be grounds for denial, suspension, or revocation of the establishment license, as provided in s. 454.29, Stats., and subject the applicant to penalties as indicated in s. 454.295, Stats. SPS 50.242 NoteNote: Section 454.295 of the Statutes reads as follows: “Any person who violates this subchapter [II] 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.” SPS 50.242 HistoryHistory: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
