Section 65.12. Prohibited conduct and discipline.

 

(1)  The department may take disciplinary action against any person holding an instructor's certificate who has:

(a) Made any false statement or given any false information in connection with an application for a certificate, or for renewal or reinstatement of a certificate.

(b) Been issued a certificate through error.

(c) Been adjudicated mentally incompetent by a court.

(d) Been found guilty of an offense the circumstances of which substantially relate to the practice of an instructor in a school or specialty school.

(e) Violated ch. 440 or 454 , Stats., ch. SPS 50 , chs. SPS 60 to 62 , this chapter, or chs. Cos 1 to 9 .

(f) Practiced as an instructor in a school or specialty school while the person's ability to practice was impaired by alcohol or other drugs, or physical or mental disability or disease.

(g) Participated in false, misleading, or deceptive advertising on the part of any school or specialty school, or knowingly distributed or used school or specialty school student catalogs or contracts which do not comply with these rules.

(h) Engaged in conduct which evidenced a lack of knowledge or ability to apply principles or skills of barbering, cosmetology, aesthetics, manicuring, or electrology, in which the person holds an instructor's certificate.

(i) Engaged in unprofessional conduct. "Unprofessional conduct" includes, but is not limited to:

1. Engaging in any practice which constitutes a danger to the health, welfare, or safety of a student or the public.

2. Engaging in any promises or threats to any student to obtain sexual or social contact or anything of value.

3. Harassment of a student because of the student's age, race, color, creed, marital status, sex, sexual orientation, ancestry, national origin, or physical or mental disability.

4. Intentionally falsifying student records.

5. Practicing or attempting to practice beyond the scope of the instructor's certificate.

6. Having a license to practice as a barber, or cosmetologist, or aesthetician, or manicurist, or electrologist limited, suspended, or revoked, or being subject to any other disciplinary action by any licensing authority regulating the practice of barbering, cosmetology, aesthetics, manicuring, or electrology.

(2)  The department may reprimand the holder of an instructor's certificate, or may limit, suspend, or revoke the instructor's certificate of any person who has engaged in any conduct prohibited by this chapter.

History: Cr. Register, December, 1989, No. 408 , eff. 1-1-90; correction in (1) (e) made under s. 13.92 (4) (b) 7. , Stats., Register November 2011 No. 671 ; EmR1302 : emerg. am. (1) (h) and (i) 6., eff. 2-14-13; CR 13-026 : am. (1) (e), (h), and (i) 6. Register October 2013 No. 694 , eff. 11-1-13.