STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING
:
PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE
:
DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND
:
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
ADOPTING RULES
:
(CLEARINGHOUSE RULE
)
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PROPOSED ORDER
An order of the
Department of Safety and Professional Services
to
repeal SPS 61.02; to amend SPS 50.300, 50.310 (3) (b), 60.02 (1), 61.01,
61.04 (1) and (2), 61.06 (2) and Figure 61.06,
61.06 (4), 61.07
, 65.02 (1) (Note), 65.03 (1), and Figure 65.03; to repeal and recreate SPS 50.310 Table, relating to barbering and schools of
barbering
, cosmetology, aesthetics,
electrology
, and manicuring.
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
The Department of Safety and Professional Services (Department) is authorized by the legislature, pursuant to s.
227.11 (2) (a)
,
Stats.,
to promulgate rules interpreting the provisions of any statute it enforces or administers. Section
440
.62
. (3) (
ag
), Stats
.
,
sets forth
the
requirements
the
Department
must adhere to when
issuing
licenses to schools of barbering.
Section
454.245
,
Stats
.
,
requires the Department to identify, by rule, the accrediting agencies i
t approves to accredit schools.
Related statute or rule:
Wis
consin
Admin
istrative Code Chapters
Cos 1
to
11
Plain language analysis:
The
proposed
rule addresses changes prompted by the passage of recent legislation.
2011 Wis
consin Act 190
severed the Barbe
ring and Cosmetology Examining Board and transferred the regulation of the practice of barbering to the Department of Safety and Professional Services.
Act 190
added several new definitions
to s.
440.60
,
Stats.,
which required updating s.
SPS 60.02
.
2013 Wisconsin Act 205
reduced the number of hours of practical trai
ning that an apprentice in barbe
ring must
acquire
from 3,712 hours to 1,
712 hours. This change required
amending the syllabus for
apprentice training experience set forth in s.
50.310
table. Lastly,
2013 Wisconsin Act 356
created a provision
requiring
the Department to identify, by rule, the
accrediting
agencies it
approves to accredit barbering schools.
This
proposed
rule also updates the renewal date for
barbering and cosmetology schools.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Licenses
for barbers, barber teachers, and barber schools expire July 31
st
of each odd numbered year.
Ill. Admin. Code tit. 68 §
1175.
225
.
No apprenticeship requir
e
ments
or accredi
t
ation standards
were found.
Iowa:
Licensed barb
ering schools in Iowa must renew on an annual basis.
Iowa
Code
§
158.7
Iowa accepts
Barbering schools required course of study consists of 2,100 hours of instruction.
Iowa Code
§
158.8. A
pprenticeship hours earned in other states
may
be applied
towards the
required 2,100 hours course of study. 645 Iowa Admin. Code r. 23.15.
Michigan:
Licenses for barbers, barber instructors, barbershops, and
barber college
s are renewed on a 2-year cycle expiring on September 30
th
. A barber college’s license
is automatically revoked if there is a transfer of ownership or change of location
.
Mich. Comp. Laws §
339.1110
.
No apprenticeship requirements or accreditation standards were found.
Minnesota:
Barbers, barber shops, barber instructors
,
and b
arber schools are
registered
in Minnesota. Minn. Stats. 154.01.
Barber schools must renew their registration on an annual
basis
.
Minn. R. 2100.5600.
Minnesota registers apprentices; however the
statutes and rules were
silent as to
apprentice
training experience
requirements.
Summary of factual data and analytical methodologies:
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The rule will be 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
.
Fiscal Estimate and Economic Impact Analysis:
The department will be soliciting information and advice from businesses, local government units
,
and individuals in order to prepare the Economic Impact Analysis.
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
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Katie
Paff
, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, WI 53708-8935, or by email to
Kathleen.Paff
@wisco
ns
in.gov
.
Comments must be received on or before
the public hearing to be held on April 20, 2015
to be included in the record of rule-making proceedings.
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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
50.300 and
50.310
(3)
(b) are
amended to read:
SPS 50.300 Licensure through school.
(1)
General.
Schools that provide instruction to students for a barber's or 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.
Schools shall be ac
credited
by any of the following department approved accrediting agencies
including
the National Accrediting Commission of Career Arts & Sciences (NACCAS), the Accrediting Commission of Career Schools and Colleges (ACCSC), the Council on Occupational Education (COE), the National Interstate Council of State Boards of Cosmetology (NIC) and any other accreditin
g agency relating to barbering
that is recognized by the U.S. Department of Education.
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 3
. SPS 50.310 Table is repealed and recreated to read:
Table 50.310
Apprentice Training Experience
|
|
SUBJECTS
|
PRACTICAL
HOURS
|
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 4
.
SPS 60.02
(1)
is amended to read:
SPS 60.02 (1)
"Aesthetician," "aesthetics,"
"apprentice
,"
"barbering and cosmetology,"
"barber and cosmetologist,
” “
barber,
” “
barbering,
”
“
barb
ering 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 5
.
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. Lice
nses 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
6
. SPS 61.02 is repealed.
SECTION
7
.
SPS 61.04 (1) and (2) are amended to read:
SPS 61.04 (1)
Application for the renewal of
the 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
fee
by s.
SPS 61.02 (2)
, and shall contain the following information:
SECTION
8
. SPS 61.06 (2)
and Figure 61.06 are
amended to read:
SPS 61.06 (2)
Amount of bonds.
The
amount
of the bond required shall not be less than reflected in
figure
table
61.06,
and may be increased if the department determines that a larger bond is required to protect students of the school or specialty school, and their parents, guardians, and sponsors from risk of economic loss. A school which exceeds the enrollment upon which its bonding amount is based shall increase the amount of its bond accordingly. The increased bond shall be filed with the department within 30 days of the day the school first exceeds the enrollment on which its bonding amount is based
.
FIGURE
TABLE
61.06
Anticipated Enrollment
|
Amount of Surety Bond
|
0-50 Students or Enrollees
|
$25,000
|
51-100 Students or Enrollees
|
$40,000
|
Over 100 Students or Enrollees
|
$50,000
|
SECTION
9
. SPS 61.06 (4)
and SPS 61.07 are
amended to read:
SPS 61.06 (4)
Cancellation of surety bond
.
A surety on a bond may
be released from the bond on 90 days written notice to the secretary
of the department. The secretary shall forthwith notify the
school or specialty school named as principal on that bond that the
school’s or specialty school’s license shall be suspended if satisfactory
evidence of a replacement bond has not been presented
within 15 business days of the date of the secretary’s notice to the
school or specialty school. A school or specialty school which has
its license suspended under this subsection shall provide written
notice of the suspension and the reason therefor together with the
identifying information of the bond from which the surety has
sought release to its students and enrollees within 5 days of the
suspension
, and shall thereupon cease all operations as a school
or specialty school under
subch
.
V
subch
.
VI
of
ch.
440
, Stats.
SPS 61.07 Change of ownership
.
Any change of ownership
of a school or specialty school shall be reported to the
department within 5 calendar days of the change of ownership, on
the form provided by the department, and shall be accompanied
by the
required
fee
specified in s.
SPS 61.02 (3)
and the surety bond
required by s.
440.62 (2) (a)
, Stats. The bond accompanying the
change of ownership report shall be in the same form as, and in an
amount at least equal to, the bond filed by the previous owners of
the school or
specialty school. The department shall immediately
suspend the license of any school or specialty school for which a
change of ownership is reported unless it is accompanied by a
surety bond in the specified form and amount, naming the new
owners as principals.
SECTION 1
0
.
65.02 (1
) (
Note) is amended to read:
SPS 65.02 (1) Note
: Certificates expire on
July 1
April 1
of odd
-
numbered years.
SECTION 1
1
. SPS 65.03 (1)
and Figure 65.03
are
amended to read:
SPS 65.03 (1)
The instructor training required by ss.
440.63 (3) (a) 3.
,
440.63 (3) (b) 2.
,
440.63 (3) (c) 2.
, and
440.63 (3) (d) 2.
, Stats., is satisfied by successful completion of a course approved by the department in accordance with the syllabus set forth in
Figure
Table
65.03. A person shall complete the 150 hours of training within 2 years of commencing the training.
FIGURE
TABLE
65.03
INSTRUCTOR TRAINING COURSE SYLLABUS
1.
|
Orientation
Goals, rules and review of curriculum
|
14 hours
|
2.
|
Teaching Skills
Objectives, competencies, methods,
lesson planning, teaching
techniques
of the practical laboratory, interpersonal
relations, evaluation and
grading principles
|
64 hours
|
3.
|
Facilitating/Managing Skills
Classroom Management, communications,
counseling, record keeping
and safety/
first aid
|
32 hours
|
4.
|
Supervised Teaching (prerequisite:
1, 2 & 3)
Practical applications on the clinic
floor and basic skills of practical
t
eaching techniques
|
40 hours
|
|
|
TOTAL TRAINING PROGRAM
|
150 hours
|
Section
1
2
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
Administrative R
egister, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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