Wisconsin Administrative Code

SPS 62.09 Inspection of facilities and records. A school or specialty school shall permit the department to inspect its facilities and its records at any time during the school[s or specialty school[s regular business hours upon the request of a representative of the department. …

SPS 62.10 Specialty topic instruction privileges and requirements for schools of cosmetology. A licensed school of cosmetology may offer a specialty training program in aesthetics or in manicuring, or both, without being licensed as a specialty school or paying license fees beyon…

SPS 62.11 Prohibited conduct and discipline. (1) No owner, director, officer, shareholder, or managing employee of any school or specialty school may permit or engage in any of the following conduct: (a) Holding classes without a current license for the school or specialty school…

SPS 62.12 Forfeitures to the department. In addition to or in lieu of discipline imposed against any school or specialty school pursuant to s. SPS 62.07, and in addition to any costs assessed pursuant to s. 440.22, Stats., the department may assess a forfeiture of not less than $…

SPS 65.01 Application requirements for an instructor[s certificate. The department shall issue an instructor[s certificate in the fields of barbering, cosmetology, aesthetics, manicuring, or electrology to any person who meets the requirements of s. 440.63 (3), Stats. Application…

SPS 65.015 Reciprocity for service members, former service members, and their spouses. A reciprocal instructor[s certificate in the fields of barbering, cosmetology, aesthetics, manicuring, or electrology shall be granted to an applicant who is a service member, former service me…

SPS 65.03 Instructor theory training syllabus. (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 s…

SPS 65.04 Application requirements for reinstatement of an expired certificate. Applications for reinstatement of an instructor[s certificate which are received by the department more than 2 years after the expiration date of the certificate for which reinstatement is requested s…

SPS 65.05 Administration of examination for instructor[s certification. (1) The department attempts to schedule applicants for examination at or near a requested examination site or date but may schedule at any site and date where space is available. Admission cards are mailed to…

SPS 65.06 Instructor[s competency tested. (1) Examinations shall test entry level competency to practice as an instructor. (2) The department shall furnish to individuals upon request general information describing the competencies upon which the examination is based. History: Cr…

SPS 65.07 Form of examination. An applicant for a certificate as an instructor shall pass a practical examination of the applicant[s competency to instruct students in a school of barbering or cosmetology, or in a school or specialty school of aesthetics, manicuring, and electrol…

SPS 65.08 Passing scores. An applicant for a certificate as an instructor who achieves a score of no less than 75 on the practical examination shall receive a license. History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

SPS 65.09 Unauthorized assistance. The department may withhold the score of an applicant who gives or receives unauthorized assistance during the examination and may schedule the applicant for reexamination at a future time. History: Cr. Register, December, 1989, No. 408, eff. 1-…

SPS 65.10 Failure of practical examination. (1) If it appears at the conclusion of a practical examination that an applicant will receive a failing score, 2 examiners shall confer on the applicant[s performance. An applicant shall not receive a failing score on a practical examin…

SPS 65.11 Claim of examination error. (1) To claim examination error, an applicant shall file a written request for department review with the bureau of business and design professions within 30 days of the date the examination was reviewed. The request shall include: (a) The app…

SPS 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 ren…

SPS 65.13 Forfeitures to the department. In addition to or in lieu of discipline imposed against any person pursuant to s. SPS 65.05, and in addition to any costs assessed pursuant to s. 440.22, Stats., the department may assess a forfeiture of not less than $100 nor more than $5…

SPS 7.01 Authority and intent. (1) The rules in this chapter are adopted pursuant to authority in ss. 15.08 (5) (b), 51.30, 146.82, 227.11 and 440.03, Stats. (2) The intent of the department in adopting rules in this chapter is to protect the public from credential holders who ar…

SPS 7.02 Definitions. In this chapter: (1) XBoardY means any board, examining board or affiliated credentialing board attached to the department. (2) XBoard liaisonY means the board member designated by the board or the secretary or the secretary[s designee as responsible for app…

SPS 7.03 Referral to and eligibility for the procedure. (1) A credential holder who contacts the department and requests to participate in the procedure shall be referred to the board liaison and the coordinator for determination of acceptance into the procedure. (2) A credential…

SPS 7.04 Requirements for participation. (1) A credential holder who participates in the procedure shall: (a) Sign an agreement for participation under s. SPS 7.05. (b) Remain free of alcohol, controlled substances, and prescription drugs, unless prescribed for a valid medical pu…

SPS 7.05 Agreement for participation. (1) The agreement for participation in the procedure shall at a minimum include: (a) A statement describing conduct the credential holder agrees occurred relating to participation in the procedure and an agreement that the statement may be us…

SPS 7.06 Standards for approval of treatment facil- the chapter was last published. 3 SAFETY AND PROFESSIONAL SERVICES ities or individual therapists. (1) The board or board liaison shall approve a treatment facility designated by a credential holder for the purpose of participat…

SPS 7.07 Intradepartmental referral. (2) The division may refer individuals named in informal complaints to the board liaison for acceptance into the procedure. (3) The board liaison may refer cases involving the following to the division for investigation or prosecution: (a) Cre…

SPS 7.08 Records. (1) CUSTODIAN. All records relating to the procedure including applications for participation, agreements for participation and reports of participation shall be maintained in the custody of the department secretary or the secretary[s designee. (2) AVAILABILITY …

SPS 7.09 Report. The board liaison or coordinator shall report on the procedure to the board at least twice a year and if requested to do so by a board. History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. Register, July, 1996, No. 487, eff. 8-1-96.

SPS 7.10 Applicability of procedures to direct licensing by the department. This procedure may be used by the department in resolving complaints against persons licensed directly by the department if the department has authority to discipline the credential holder. In such cases,…

SPS 7.11 Approval of drug testing programs. The department shall approve drug testing programs for use by credential holders who participate in drug and alcohol monitoring programs pursuant to agreements between the department or boards and credential holders, or pursuant to disc…

SPS 70.01 Authority. The rules in chs. SPS 70 to 73 are adopted by the department of safety and professional services under the authority of ss. 227.11 (2) (a), 451.04 (2) (d), 451.12, 451.14 (2) (g) and 451.16, Stats., to govern the certification and regulation of acupuncturists…

SPS 70.02 Definitions. As used in ch. 451, Stats., and chs. SPS 70 to 73: (1) (a) XActively engaged in the certified practice of acupunctureY means using acupuncture, under the authorization of a license, certification or registration to practice acupuncture, as the primary means…

SPS 71.01 Application for certification. An applicant for certification as an acupuncturist who has never practiced acupuncture or who does not qualify for certification under s. SPS 71.03, shall submit to the department: (1) An application on a form provided by the department. N…

SPS 71.03 Application for reciprocal certification. (1) RECIPROCITY GENERALLY. Upon application and payment of the fee specified in s. 440.05 (2), Stats., the department shall SPS 71.04 Renewal of certification after 5 years. grant an acupuncturist certificate of registration to …

SPS 71.04 Renewal of certification after 5 years. An acupuncture certificate holder who fails to renew his or her credential within 5 years following the renewal date of the certificate shall take and pass the examination required under s. SPS 71.01 (5) within one year prior to t…

SPS 72.01 Sanitation. All areas of an establishment and the equipment used by acupuncturists in the establishment shall be maintained in a clean, sanitary and safe condition. History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, May, 1998, No. 509, eff. …

SPS 72.02 Sterilization. (1) All nondisposable needles, acupuncture equipment that comes in contact with a patient[s blood or body fluids or penetrates the skin, and equipment used to handle or store needles shall be sterilized after each use. (2) All equipment required to be ste…

SPS 72.03 Treatment procedures. (1) Before any treatment commences, a patient shall be given the option, at the patient[s own expense, to have treatment with disposable acupuncture needles, which have been sterilized and wrapped in accordance with s. 451.12, Stats., and maintaine…

SPS 72.04 Disposal of needles. All needles shall be placed in a rigid, puncture-proof sealed container for disposal. Containers used for disposal shall be so labeled, and shall carry the warning XCONTAMINATED CONTENTS—USE PRECAUTIONS.Y Disposal containers are to be handled and di…

SPS 72.05 Procedure for exposure to blood. When a patient or acupuncturist is exposed to blood by bleeding needles, laceration, or other exposure to broken skin or mucous membrane, the acupuncturist shall stop, thoroughly wash the exposed area or wound on the patient[s or acupunc…

SPS 72.06 Precautionary procedures. (1) An acupuncturist shall cover any abrasions, oozing or open lesions or wounds on his or her hands or forearms prior to patient contact. If an acupuncturist has oozing or open lesions or weeping dermatitis on his or her hands or forearms that…

SPS 72.07 Safe practices. (1) No acupuncturist shall engage in any treatment which violates standards of good and accepted practice of acupuncture, or which makes use of any unsanitary or non-sterile equipment. (2) An acupuncturist shall obtain from each patient a medical history…

SPS 73.01 Grounds for denial of certification or discipline. For purposes of s. 451.14 (2) (b), Stats., engaging in conduct while practicing acupuncture that evidences a lack of knowledge or ability to apply professional principles or skills includes, but is not limited to: (1) P…

SPS 73.02 Use of titles. (1) Any person certified under ch. 451, Stats., to practice acupuncture shall include the title Xacupuncturist,Y XWisconsin certified acupuncturist,Y or a similar title in advertisements of acupuncture services. (2) Any person certified under ch. 451, Sta…

SPS 73.03 Examples of false, deceptive or misleading advertising. For purposes of s. 451.14 (2) (d), Stats., false, deceptive or misleading advertising includes: (1) Advertising acupuncture services using a title that includes the words Xmedical doctorY or the initials XM.D.,Y un…

SPS 8.01 Authority and scope. Rules in this chapter are adopted under the authority of s. 440.205, Stats., to establish uniform procedures for the issuance and use of administrative warnings. History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.

SPS 8.02 Definitions. As used in s. 440.205, Stats., and in this chapter: (1) XCredentialY means a license, permit, or certificate of certification or registration that is issued under chs. 440 to 480, Stats. (2) XDepartmentY means the department of safety and professional servic…

SPS 8.03 Findings before issuance of an administrative warning. Before issuance of an administrative warning, a disciplinary authority shall make all of the following findings: (1) That there is specific evidence of misconduct by the credential holder. (3) That the misconduct is …

SPS 8.04 Issuance of an administrative warning. (1) An administrative warning shall be substantially in the form shown in Appendix I. (2) An administrative warning may be issued to a credential holder by mailing the administrative warning to the last address provided by the crede…