reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.001 - Authority

Current through June 24, 2024
The rules in this chapter are adopted pursuant to ss.
					 227.11(2)
					 and
					 440.26(3m)
					 and (5r), Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.002 - Definitions

Current through June 24, 2024
In addition to definitions under s.
					 SPS 30.02, in this
					 chapter:
(1) "Carry" has the meaning
				  given in s.
				  175.60(1)
				  (ag), Stats.
(2) "Dangerous weapon" has the meaning given
				  in s.
				  939.22(10),
				  Stats.
(3) "Weapon" has the meaning
				  given in s.
				  175.60(1)
				  (j), Stats.
Section
						175.60(1)
						(j), Stats., reads: " 'Weapon' means a
						handgun, an electric weapon, as defined in s.
						941.295(1c)
						(a), a knife other than a switchblade knife
						under s.
						941.24, or a billy
						club."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.01 - General conditions relating to carrying a firearm

Current through June 24, 2024
(1) No owner or
				  employee of an agency may carry any firearm unless all of the following
				  conditions are met:
(a) The circumstances or
				  conditions of the owner's or employee's assignment as a private security person
				  give rise to a substantial need for being armed.
(am) The agency requires the owner or
				  employee to carry a firearm when acting as a private security person.
(b) The client and the agency agree in
				  writing that the agency will assign armed security personnel to the
				  client.
(c) The agency has received
				  a permit from the department pursuant to s.
				  SPS
				  34.015.
(d) The owner or employee is not prohibited
				  from possessing a firearm under s.
				  941.29,
				  Stats., or any federal law.
(e)
				  Subject to ss.
				  111.321,
				  111.322
				  and
				  111.335,
				  Stats., the owner or employee has not been convicted of a
				  misdemeanor.
(g) The owner or
				  employee complies with all federal or state laws or local ordinances when
				  carrying a firearm.
(h) The owner
				  or employee does not hold a temporary private security permit issued under s.
				  440.26(5r),
				  Stats.
(i) The agency has obtained
				  a comprehensive general liability policy pursuant to s.
				  SPS
				  31.034.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.011 - Conditions relating to transporting a loaded firearm in a vehicle

Current through June 24, 2024
Except as provided in s.
					 SPS
					 34.01(5) to (8), no owner or employee
					 of an agency may transport a loaded firearm in a vehicle; unless all of the
					 following conditions are met:
(1) The
				  firearm is in plain view. In this section "in plain view" means it is visible
				  from ordinary observation to a person outside the vehicle.
Note
A firearm located in a glove compartment,
					 in a briefcase, under a seat of a vehicle, or covered by the clothing of an
					 occupant, is not "in plain view."
(2) If the firearm is a handgun, the owner or
				  employee transports the firearm in a holster which is in plain view.
(3) If the firearm is other than a handgun,
				  the owner or employee transports the firearm in a device inside the vehicle
				  which locks the firearm in position and prevents an unauthorized person from
				  removing the firearm from the locking device and which is in plain
				  view.
(4) The owner or employee
				  complies with the requirements in s.
				  SPS
				  34.01.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.015 - Application for a permit to carry a firearm

Current through June 24, 2024
(1) An agency who
				  applies for a license or permit under ch. SPS 31 shall apply to the department
				  for a permit to authorize any of its owners or employees to carry a firearm
				  when assigned to do so by the agency.
Note:
For a copy of Form #2156, Procedures for
					 Certification of Proficiency to Carry a Firearm, contact the department at
					 phone: (608) 266-1212 or download the form from the department's webpage at
http://dsps.wi.gov/Licenses-Permits/FirearmsPermit/FIREPforms
.
(2) The department may grant a permit to an
				  agency pursuant to sub. (1) if the department has determined that all of the
				  conditions and requirements in ss.
				  SPS
				  34.01, 34.02, 34.03, and 34.05 have been satisfied by
				  the agency and the owner or employee who will be assigned by the agency to
				  carry a firearm while on duty.
(3)
				  A permit shall only be valid while the owner or employee performs private
				  security services for the agency to which the permit was granted. When an owner
				  or employee transfers employment to another agency, the other agency shall
				  obtain a new permit before requiring or permitting the owner or employee to
				  carry a firearm.
(4) The department
				  may deny an application submitted to it pursuant to sub. (1) or may suspend,
				  limit or revoke a permit which it has granted, if the department determines
				  that the conditions and requirements described in sub. (2) have not been
				  satisfied or do not continue to be satisfied. The department shall grant a
				  hearing pursuant to ch. SPS 1 or 2.
(6) The agency shall pay the reasonable costs
				  incurred by the department in obtaining information relating to the eligibility
				  and qualifications of each owner or employee to whom the permit applies,
				  including the reasonable costs of criminal history record searches and if
				  submitted with a license or permit application under ch. SPS 31, shall include
				  costs of finger printing and a U.S. FBI-national instant criminal background
				  check system (NICS) search.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.02 - Certificates of proficiency to carry a firearm

Current through June 24, 2024
(1) Before an
				  agency may receive a permit from the department pursuant to s.
				  SPS
				  34.015, the owner or employee who will be assigned to
				  carry a firearm while on duty shall obtain a certificate of proficiency in the
				  care, handling and use of a firearm.
Note
For a copy of Form #467, Firearms
					 Certification of Proficiency-Initial Certification, contact the Department of
					 Safety and Professional Services, Division of Professional Credential
					 Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin
					 53708-8935 or download the form from the department's webpage:
http://dsps.wi.gov
.
(2)
(a)
				  Certification shall be received from a person who is approved as a firearms
				  proficiency certifier by the department under s.
				  SPS
				  34.04.
(b)
				  The certificate shall be notarized and shall include at least:
1. A full and complete description of each
				  type of firearm, the care, handling and use of which the owner or employee is
				  proficient.
2. Statements to the
				  effect that the owner or employee has successfully completed the training
				  required in s.
				  SPS
				  34.03. These statements shall include the date, time
				  of day, the number of hours and the location where the owner or employee
				  completed the training.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.03 - Initial training requirements for carrying a firearm

Current through June 24, 2024
(1) GENERAL
				  REQUIREMENT. Except as provided in sub. (2), completion of a training program
				  of not less than 36 hours consisting of the following is required as a
				  prerequisite for obtaining an initial certificate of proficiency to carry a
				  firearm under s.
				  SPS
				  34.02. The training program shall include all of the
				  following:
(a) Instruction in the dangers
				  relating to the use of the firearm, safety rules, care and cleaning of the
				  firearm.
(b) Training in the care,
				  handling and use of the firearm, provided in accordance with the current
				  firearms training guide which the Wisconsin law enforcement standards board has
				  approved for training Wisconsin law enforcement officers. When the Wisconsin
				  law enforcement standards board has approved a new edition of the training
				  guide to replace an older edition, training which is received after the date of
				  which a new edition is approved may be based on the older edition for a period
				  not to exceed 12 months after approval of the new edition by the board.
Note
The firearms training guide approved by
					 the Wisconsin Law Enforcement Standards Board is available for inspection at
					 the Division of Professional Credential Processing, 1400 East Washington
					 Avenue, Madison, WI or download the guide from the department of justice
					 webpage: http://doj.wi.gov/.
(c) Instruction in the legal use of firearms
				  under the provisions of the Wisconsin criminal code and relevant court
				  decisions.
(d) A presentation
				  stressing the ethical and moral considerations which should be taken into
				  account by any person who uses a firearm.
(e) A review of the law regarding lawful
				  detentions.
(f) A review of the law
				  on criminal and civil liability for intentional and negligent acts.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.05 - Agency firearms policy and laws

Current through June 24, 2024
(1) Each agency
				  shall file with the department a copy of its firearms policy before any of its
				  owners or employees may receive a permit granted by the department pursuant to
				  s.
				  SPS
				  34.015 and thereafter within 30 days after any
				  substantial changes to its firearms policy.
Note
For filing of an agency's firearms
					 policy, mail the policy to the Department of Safety and Professional Services,
					 Division of Professional Credential Processing, 1400 East Washington Avenue,
					 P.O. Box 8935, Madison, Wisconsin 53708-8935.
(2) Each agency shall maintain a current copy
				  of ss.
				  939.48
				  and
				  939.49,
				  Stats., relating to the use of force, and shall make these documents accessible
				  to its owners and employees.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.06 - Reporting the discharge of a firearm

Current through June 24, 2024
If any owner or employee of an agency is responsible for
					 the accidental or intentional discharge of any firearm other than in target
					 practice, competition, or licensed hunting, or is responsible for the
					 accidental or intentional use of deadly force by any means, the owner or
					 employee shall immediately after the incident notify the local law enforcement
					 agency where the incident took place and inform his or her supervisor of the
					 incident. The supervisor or another person assigned by the agency shall
					 investigate the incident as soon as possible, and shall make a signed, written
					 report of the incident, identifying all persons involved in the incident, the
					 investigator, and the agency, and fully describing the circumstances of the
					 incident. As soon as possible after the investigation is completed, a copy of
					 the report shall be filed with the department and with the local law
					 enforcement agency.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.065 - Electric weapons

Current through June 24, 2024
An owner or employee of an agency may only be armed with
					 an electric weapon while on duty if the owner or employee of the agency has
					 been issued a permit under s.
					 SPS
					 34.015(2) to carry a firearm, or is
					 exempt from the permit requirement under s.
					 SPS
					 34.01(5) to (8).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.07 - Other dangerous weapons

Current through June 24, 2024
An owner or employee of an agency may only be armed with a
					 dangerous weapon other than a firearm or electric weapon, which based on their
					 training, they are proficient in handling. The person shall understand the
					 legal limits of force with the weapon, the dangers of misuse of the weapon and
					 the safety rules relating to the weapon. The agency shall, upon request of the
					 department, provide documentation of the training or experience which prepared
					 the person to be proficient in the use of the weapon.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 34 - Firearms And Other Dangerous Weapons › Section SPS 34.08 - Replica or facsimile of a firearm

Current through June 24, 2024
No owner or employee of an agency may, at any time while he
					 or she is on duty, carry on, about, or near the person, concealed or otherwise,
					 an object that looks like a firearm, but is not.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 35 - Grounds For Discipline Against A Private Detective, A Private Security Person Or A Private Detective Agency › Section SPS 35.001 - Authority

Current through June 24, 2024
The rules in this chapter are adopted pursuant to ss.
					 227.11(2)
					 and
					 440.26(2),
					 (4m), (5m), (6) and (8),
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 35 - Grounds For Discipline Against A Private Detective, A Private Security Person Or A Private Detective Agency › Section SPS 35.01 - Unprofessional conduct

Current through June 24, 2024
The department may deny an application for renewal, limit,
					 suspend or revoke a credential, or reprimand a credential holder upon proof
					 that the credential holder or any owner of an agency has engaged in conduct
					 reflecting adversely on professional qualification. Conduct reflecting
					 adversely on professional qualification includes, but is not limited to, any of
					 the following:
(1) Performing private
				  detective or private security related services while the ability of the
				  credential holder to competently perform duties is impaired by mental or
				  emotional disorder or alcohol or other drug abuse. A certified copy of an
				  adjudication of mental incompetency shall constitute prima facie evidence of
				  impairment by mental or emotional disorder under this subsection.
(2) Violating, or aiding or abetting the
				  violation of, any law the circumstances of which substantially relate to the
				  practice of a private detective or private security person. A credential holder
				  who has been convicted of a felony, misdemeanor or ordinance violation, as
				  defined in s.
				  440.26(4m),
				  Stats., shall send to the department within 48 hours after the judgment of
				  conviction or the judgment finding that the person committed the violation, a
				  copy of the complaint or other information which describes the nature of the
				  crime or conviction and the judgment of conviction in order that the department
				  may determine whether disciplinary action must or should be taken against
				  credential holder.
(3) Operating
				  under a name that is different than a name that the credential holder has
				  provided to the department on an application for a credential or in other
				  written form pursuant to s.
				  SPS
				  31.06.
(4)
				  Wearing, using or displaying a badge, shield or star in the course of acting as
				  a private detective.
(4m) Failing
				  to possess a private security permit while on duty as a private security person
				  and, if carrying a firearm or electric weapon while on duty, failing to possess
				  the firearms permit issued by the department if a permit is required.
(5) Pretending to be a law enforcement agency
				  or peace officer including but not limited to:
(a) Operating a motor vehicle with flashing
				  red or blue lights contrary to s.
				  347.25,
				  Stats.
(b) Using the term "police
				  department" in connection with advertising, badge, emblem, stationery, or
				  vehicle.
(c) Intentionally wearing
				  uniforms to closely resemble in style, color, accessories or insignia the
				  uniforms of a police agency in whose jurisdiction the licensee conducts
				  business.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 35 - Grounds For Discipline Against A Private Detective, A Private Security Person Or A Private Detective Agency › Section SPS 35.02 - Discipline against agency for private detective violations

Current through June 24, 2024
The department may take disciplinary action against a
					 licensed private detective agency for violations of chs.
					 SPS 30 to
					 35 committed by licensed private
					 detectives or security persons employed by the agency.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 30-49 - Private Detectives › Chapter SPS 35 - Grounds For Discipline Against A Private Detective, A Private Security Person Or A Private Detective Agency › Section SPS 35.03 - Effect of suspensions, revocation or nonrenewal of agency license on agency employees

Current through June 24, 2024
(1) Suspension, revocation or nonrenewal of
				  an agency license shall terminate private detective or private security
				  personnel activity by all employees of the agency.
(2) A credential holder employed by an agency
				  whose agency license is suspended, revoked or not renewed by the department may
				  transfer employment to another agency, provided that the private detective or
				  private security person was not a party to the act or course of conduct which
				  caused the suspension, revocation or nonrenewal of the agency license of the
				  former employer.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter I - General › Section SPS 50.100 - Authority and scope

Current through June 24, 2024
Pursuant to subch. II of ch. 454, Stats., this chapter
						applies to licensing of barbers and barbering establishments.
Note:
Under s.
						454.22 (1),
						Stats., "No person may engage in barbering unless the person is one of the
						following:
(a) A licensed
					 barber.
(c) An apprentice in
					 barbering under s. 454.26.
(d) A student in a barbering course of
					 instruction.
(e) A person who holds
					 a temporary permit to practice barbering granted by the department under s.
					 454.23
					 (7).
(f) A licensed cosmetologist.
(h) An apprentice in cosmetology under s.
					 454.10.
(i) A student in a cosmetology course of
					 instruction.
(j) A person who holds
					 a temporary permit to practice cosmetology granted by the cosmetology examining
					 board under s. 454.06
					 (10).
Under section
						  454.22(1)
						  of the Statutes, "No person may engage in barbering unless the person is one of
						  the following:
(a) A licensed barber.
(b) A licensed barbering manager.
(c) An apprentice in barbering under s.
						  454.26.
(d) A student in a barbering course of
						  instruction.
(e) A person who holds a temporary permit to practice
						  barbering granted by the department under s.
						  454.23(7).
(f) A licensed cosmetologist.
(g) A licensed cosmetology manager.
(h) An apprentice in cosmetology under s.
						  454.10.
(i) A student in a cosmetology course of
						  instruction."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter I - General › Section SPS 50.110 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Antiseptic" means a chemical that kills
					 or inhibits the growth of organisms on skin or living tissue.
(1m) "Apprentice" means a person who is
					 learning the practice of barbering under s.
					 454.26, Stats.
(2) "Barber" has the meaning given in s.
					 454.20 (1),
					 Stats.
Note:
Section
						454.20 (1) of
						the Statutes reads as follows: " `Barber' means a person who practices
						barbering."
(3) "Barbering"
					 has the meaning given in s.
					 454.20 (2),
					 Stats.
Note:
Section
						454.20 (2) of
						the Statutes reads as follows: "`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 or the application of temporary or permanent eyelash
						extensions to the eyelashes of a person." The definition of barbering
						specifically allows barbers to perform waxing but prohibits barbers from
						performing all other forms of hair removal at the root.
(5) "Business day" means any day Monday to
					 Friday, excluding Wisconsin legal holidays.
(6) "Contact equipment" includes combs,
					 lifts, brushes, and rollers.
(7)
					 "Contagious" means capable of being transmitted by direct or indirect
					 contact.
(8) "Continuing education"
					 means the planned, professional development activities designed to contribute
					 to the advancement, extension, and enhancement of the professional skills or
					 knowledge of the licensees in the practice of barbering.
(11) "Credential" means a license, permit, or
					 certificate or certification of registration that is issued under ch. 454,
					 Stats.
(12) "Department" means the
					 department of safety and professional services.
(13) "Disinfectant" means a chemical or
					 product that destroys disease-causing bacteria, including any of the following:
(a) A solution of household bleach, which is
					 5 ¼% sodium hypochlorite, and water-if the solution is made fresh each
					 day prior to use and contains at least 500 parts per million available
					 chlorine.
Note:
This concentration typically can be
						obtained with a dilution ratio of 1:100, which is two teaspoons of household
						bleach per quart of water.
(b) A solution of at least 70 percent
					 isopropyl alcohol.
(c) A solution
					 using a phenolic germicidal.
(d) A
					 solution using an iodophor germicidal agent such as iodine or
					 Betadine.
(e) A solution using a
					 quaternary-ammonium germicidal agent.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.200 - Treatments prohibited, infectious and contagious diseases

Current through June 24, 2024
(1) No licensee may
					 treat any disease of the skin unless under the direction of a
					 physician.
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.210 - Practice standards

Current through June 24, 2024
(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.
(2)
					 Licensees may provide only those services that they are competent to perform by
					 training or experience and are licensed to provide.
(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.
(4) Licensees may
					 neither consume alcohol nor take controlled substances during practice, unless
					 prescribed by a physician.
(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.
(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.
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.
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."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.211 - Unauthorized practice

Current through June 24, 2024
(1) Licensees may not assist or participate
					 in the unauthorized or unlicensed practice of barbering.
(2) Licensees shall report to the department
					 unauthorized or unlicensed practice or other violations of subch. II, Stats.,
					 and this chapter.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.212 - Practice outside of a licensed establishment

Current through June 24, 2024
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:
(1) The
					 person owns, manages, is employed by, or is affiliated with an establishment
					 that is licensed to provide services under s.
					 454.08 (2) (a)
					 or 454.25 (2),
					 Stats.
(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.
(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.
(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.
Note:
Section
						454.21, Stats., states: 454.21
						Limitations and Exceptions. Barbering does not include any of the
						following:
(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.
(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.
(3)
(a) A
					 service performed preparatory to a live public performance or appearance,
					 whether in-person or through broadcast media, including the Internet.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.220 - Advertising

Current through June 24, 2024
(1) Advertising by licensees shall be
					 truthful and accurate and may not mislead the public.
(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."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.230 - Responsibilities of owners

Current through June 24, 2024
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:
(1) Provide supplies and equipment necessary
					 to maintain safe and sanitary establishment conditions.
(2) Ensure the provision of supervision and
					 training of apprentices and temporary permit holders.
Note:
See section
						SPS
						50.310 for additional requirements for owners who have
						apprentices.
(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.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.231 - Responsibilities of the manager

Current through June 24, 2024
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.232 - Responsibilities of licensees

Current through June 24, 2024
Licensees holding current licenses or permits granted
						under subch. II, Stats., shall be responsible for all of the following:
(1) Compliance with the sanitation and safety
					 precautions contained in ss.
					 SPS
					 50.270 to
					 50.290.
(2) Their own professional practice, conduct,
					 and compliance with ss.
					 SPS
					 50.200 to
					 50.220.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.240 - Establishment requirements

Current through June 24, 2024
(1) Barbering may
					 not be practiced outside the confines of a licensed establishment except as
					 provided in s.
					 SPS
					 50.212.
(2) Establishments where apprentices are
					 trained shall provide equipment, supplies, and products for all barbering
					 services.
(3) Where an
					 establishment is located in the same building as a residence, the business and
					 living quarters shall be separate.
(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.
See chapters
						  SPS
						  361 to
						  366 or
						  320 to
						  325
						  for ventilation requirements in commercial buildings or one- and two-family
						  dwellings, respectively.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.241 - Establishment management and leasing requirements

Current through June 24, 2024
(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, Stats., and rules of the department including all of
					 the following:
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.242 - Establishment licensure

Current through June 24, 2024
(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.
Note:
The application form is available on
						the Department's Web site at
www.dsps.wi.gov/Home
.
(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.
(3) Upon approval of the
					 application and issuance of the license, the establishment may open for
					 business.
(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.
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."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.250 - Inspections

Current through June 24, 2024
(1) Inspections by field representatives or
					 agents of the department may be conducted to assure compliance with subch. II,
					 Stats., and ss.
					 SPS 50.100 to
					 50.310.
(2) Upon notification of violation, licensees
					 shall respond within 10 business days either by notifying the department of
					 correction of the violation or presenting a proposed plan of correction for
					 department approval.
(3) Failure to
					 respond to a notice of violation or to comply with a plan of correction
					 approved by the department is subject to the provisions for misconduct under s.
					 440.205,
					 Stats., and to the disciplinary proceedings and actions under s.
					 454.29,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.260 - Change of ownership or location

Current through June 24, 2024
(1) Change of
					 ownership of any establishment constitutes the creation of a new establishment
					 and shall include submission of an application to the department for a new
					 establishment license.
(2) Change
					 of location of any establishment constitutes the creation of a new
					 establishment and shall include submission of an application to the department
					 for a new establishment license. Relocation of a leased chair or booth that is
					 licensed as an establishment and housed within a lessor establishment shall
					 include written notification to the department identifying the change of chair
					 or booth.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.270 - Equipment and sanitation

Current through June 24, 2024
(1) All areas of an
					 establishment and the equipment, tools, and implements used by licensees for
					 services in an establishment shall be maintained in a clean, sanitary, and safe
					 condition.
(2) Licensees shall wash
					 their hands thoroughly with soap and running water prior to serving each patron
					 and following removal of gloves. Waterless hand washing agents that kill 99.99%
					 of germs are an acceptable substitute for using soap and running water to wash
					 hands that are not visibly soiled.
(3) Contact equipment that cannot be cleaned
					 with soap or detergent and water shall be disposed of following each
					 use.
(4) All liquids, creams,
					 powders, and semi-solid substances shall be dispensed from a container in a
					 manner that will prevent contamination of the unused portion of the
					 substance.
(5) Shampoo bowls and
					 basins shall be drained after each use and kept in a sanitary and safe
					 condition.
(6) Clean towels shall
					 be used for each patron. A neck strip or towel shall be placed around the neck
					 of the patron to prevent contact with the cape. The head rest of any operating
					 chair shall be covered with fresh linen or paper for each patron.
(7) All other equipment and instruments shall
					 be clean to sight and touch.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.271 - Disinfection

Current through June 24, 2024
(1) Unless sterilized, disinfection is
					 required prior to reusing any personal care instruments or contact equipment on
					 another patron.
(2) Disinfection
					 for personal care instruments shall consist of cleaning with soap and water to
					 remove all organic material, wiping with or spraying with a disinfectant, and
					 air-drying.
(3) Disinfection for
					 contact equipment shall consist of cleaning with soap and water to remove all
					 organic material, soaking in or spraying with a disinfectant, and
					 air-drying.
(4) Clean and
					 disinfected contact equipment shall be placed in one or more covered
					 containers. One or more separate containers shall be provided for the immediate
					 storage of soiled contact equipment until cleaned and disinfected.
(5) Disinfectant used for decontamination
					 shall be changed as per manufacturer's recommendations and shall be kept in a
					 covered container.
(6) Laundry
					 shall be disinfected by washing with a solution containing a germicidal
					 compound.
Bleach and Lysol®
						  (brown bottle) are examples of germicidal compounds.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.272 - Sterilization

Current through June 24, 2024
(1) Sterilization shall be accomplished by
					 use of a dry heat or steam sterilizer cleared for marketing by the food and
					 drug administration, and shall be used according to the manufacturer's
					 instructions. If steam sterilization, moist heat, is utilized, heat exposure
					 shall be at a minimum of 121°C or 250°F, for at least 30 minutes. If
					 dry heat sterilization is utilized, heat exposure shall be at a minimum of
					 171°C or 340°F, for at least 60 minutes.
(2) Sterilizers shall be maintained in
					 working order. Equipment shall be checked in compliance with the manufacturer's
					 recommendations at least monthly to ensure that it is reaching required
					 temperatures.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.280 - Supplies

Current through June 24, 2024
(1) All work stations shall be supplied with
					 at least one of the antiseptics listed in s.
					 SPS 50.290(2) or
					 (4) for use by licensees in case of
					 injury.
(2) All licensees working
					 in a licensed establishment shall be supplied with bandages and disposable
					 gloves.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 50-69 - Barbering and Cosmetology Schools and Instructors › Chapter SPS 50 - Barbers › Subchapter II - Practice of Barbering › Section SPS 50.290 - Procedure for exposure to blood

Current through June 24, 2024
(1) When any patron
					 or licensee is exposed to blood by a wound or other exposure to broken skin or
					 a mucous membrane, the licensee shall stop barbering and then comply with sub.
					 (2) and then sub. (3), or then comply with sub. (3) and then sub. (4), or
					 whichever are applicable, before resuming the barbering.
(2) Thoroughly wash the exposed area or wound
					 on the licensee's body with soap and water, and then disinfect the exposed area
					 or wound with a topical antiseptic such as iodine, 70% isopropyl alcohol, or 6%
					 stabilized hydrogen peroxide or equivalent.
(3) Put on protective gloves.
(4) Thoroughly wash the exposed area or wound
					 on the patron's body with soap and water, and then disinfect the exposed area
					 or wound with a topical antiseptic such as iodine, 70% isopropyl alcohol, or 6%
					 stabilized hydrogen peroxide or equivalent.