| 1 | A bill to be entitled |
| 2 | An act relating to cosmetology; amending s. 477.013, F.S.; |
| 3 | providing definitions; amending s. 477.019, F.S.; revising |
| 4 | eligibility criteria to take the cosmetology licensure |
| 5 | examination; revising provisions relating to supervised |
| 6 | unlicensed cosmetology practice; revising criteria by |
| 7 | which cosmetologists may receive licensure by endorsement; |
| 8 | amending s. 477.022, F.S.; requiring the Department of |
| 9 | Business and Professional Regulation to contract with a |
| 10 | nonprofit entity to administer licensure examinations; |
| 11 | providing for a licensure examination review class; |
| 12 | providing requirements for the department to contract with |
| 13 | service providers; amending s. 477.025, F.S.; providing |
| 14 | regulation of booth rentals and booth renters; amending s. |
| 15 | 477.026, F.S.; providing fee caps for booth rental |
| 16 | registration; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsections (14) and (15) are added to section |
| 21 | 477.013, Florida Statutes, to read: |
| 22 | 477.013 Definitions.--As used in this chapter: |
| 23 | (14) "Booth rental" means a space in a licensed salon |
| 24 | leased by a person licensed under this chapter. |
| 25 | (15) "Contracted provider" means a state-based nonprofit |
| 26 | entity that has been awarded a competitive bid by the department |
| 27 | for the provision of any services to persons licensed under this |
| 28 | chapter and applicants for licensure under this chapter. |
| 29 | Section 2. Section 477.019, Florida Statutes, is amended |
| 30 | to read: |
| 31 | 477.019 Cosmetologists; qualifications; licensure; |
| 32 | supervised practice; license renewal; endorsement; continuing |
| 33 | education.-- |
| 34 | (1) A person desiring to be licensed as a cosmetologist |
| 35 | shall apply to the department for licensure. |
| 36 | (2) An applicant shall be eligible for licensure by |
| 37 | examination to practice cosmetology if the applicant: |
| 38 | (a) Is at least 16 years of age or has received a high |
| 39 | school diploma; |
| 40 | (b) Pays the required application fee, which is not |
| 41 | refundable, and the required examination fee, which is |
| 42 | refundable if the applicant is determined to not be eligible for |
| 43 | licensure for any reason other than failure to successfully |
| 44 | complete the licensure examination; and |
| 45 | (c)1. Has been licensed to practice cosmetology in another |
| 46 | state but such license is inactive and does not qualify for |
| 47 | licensure by endorsement as provided in subsection (6); Is |
| 48 | authorized to practice cosmetology in another state or country, |
| 49 | has been so authorized for at least 1 year, and does not qualify |
| 50 | for licensure by endorsement as provided for in subsection (6); |
| 51 | or |
| 52 | 2. Is currently licensed to practice cosmetology in |
| 53 | another country and has been licensed for at least 1 year; or |
| 54 | 3.2. Has received a minimum of 1,200 hours of training as |
| 55 | established by the board, which shall include, but shall not be |
| 56 | limited to, the equivalent of completion of services directly |
| 57 | related to the practice of cosmetology at one of the following: |
| 58 | a. A school of cosmetology licensed pursuant to chapter |
| 59 | 1005. |
| 60 | b. A cosmetology program within the public school system. |
| 61 | c. The Cosmetology Division of the Florida School for the |
| 62 | Deaf and the Blind, provided the division meets the standards of |
| 63 | this chapter. |
| 64 | d. A government-operated cosmetology program in this |
| 65 | state. |
| 66 |
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| 67 | The board shall establish by rule procedures whereby the school |
| 68 | or program may certify that a person is qualified to take the |
| 69 | required examination after the completion of a minimum of 1,000 |
| 70 | actual school hours. If the person then passes the examination, |
| 71 | he or she shall have satisfied this requirement; but if the |
| 72 | person fails the examination, he or she shall not be qualified |
| 73 | to take the examination again until the completion of the full |
| 74 | requirements provided by this section. |
| 75 | (3) Upon an applicant receiving a passing grade, as |
| 76 | established by board rule, on the examination and paying the |
| 77 | initial licensing fee, the department shall issue a license to |
| 78 | practice cosmetology. |
| 79 | (4) After submitting a completed application to take the |
| 80 | first available examination for licensure as a cosmetologist, a |
| 81 | graduate of a licensed cosmetology school or program within the |
| 82 | public school system, which school or program is certified by |
| 83 | the Department of Education, is eligible to practice cosmetology |
| 84 | for a maximum period of 60 days, provided such graduate |
| 85 | practices under the supervision of a professional licensed under |
| 86 | this chapter in a licensed salon. A graduate who fails to pass |
| 87 | an examination the first time may continue to practice under the |
| 88 | supervision of a professional licensed under this chapter in a |
| 89 | licensed salon for an additional maximum 60-day period, provided |
| 90 | the graduate applies for the next available examination. A |
| 91 | graduate may not continue to practice under this subsection if |
| 92 | the graduate fails the examination twice. Following the |
| 93 | completion of the first licensing examination and pending the |
| 94 | results of that examination and issuance of a license to |
| 95 | practice cosmetology, graduates of licensed cosmetology schools |
| 96 | or cosmetology programs offered in public school systems, which |
| 97 | schools or programs are certified by the Department of |
| 98 | Education, are eligible to practice cosmetology, provided such |
| 99 | graduates practice under the supervision of a licensed |
| 100 | cosmetologist in a licensed cosmetology salon. A graduate who |
| 101 | fails the first examination may continue to practice under the |
| 102 | supervision of a licensed cosmetologist in a licensed |
| 103 | cosmetology salon if the graduate applies for the next available |
| 104 | examination and until the graduate receives the results of that |
| 105 | examination. No graduate may continue to practice under this |
| 106 | subsection if the graduate fails the examination twice. |
| 107 | (5) Renewal of license registration shall be accomplished |
| 108 | pursuant to rules adopted by the board. |
| 109 | (6) Licensure by endorsement of practitioners desiring to |
| 110 | be licensed in this state who have held a current active license |
| 111 | in another state for at least 1 year shall qualify for licensure |
| 112 | in this state. The department shall issue a license without |
| 113 | examination to an applicant who: |
| 114 | (a) Completes an application and pays an application fee; |
| 115 | (b) Demonstrates that he or she is currently licensed to |
| 116 | practice cosmetology under the laws of another state; |
| 117 | (c) Demonstrates that he or she has completed a board- |
| 118 | approved HIV/AIDS course; |
| 119 | (d) Attends the department's contracted providers |
| 120 | examination review class and produces a certificate of |
| 121 | completion with the application; and |
| 122 | (e) Demonstrates that he or she has completed a board- |
| 123 | approved continuing education course on statutory and |
| 124 | departmental requirements relating to cosmetology. |
| 125 |
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| 126 | The board may adopt rules pursuant to ss. 120.536(1) and 120.54 |
| 127 | as necessary to administer this section. |
| 128 | (6) The board shall adopt rules specifying procedures for |
| 129 | the licensure by endorsement of practitioners desiring to be |
| 130 | licensed in this state who hold a current active license in |
| 131 | another state and who have met qualifications substantially |
| 132 | similar to, equivalent to, or greater than the qualifications |
| 133 | required of applicants from this state. |
| 134 | (7)(a) The board shall prescribe by rule continuing |
| 135 | education requirements intended to ensure protection of the |
| 136 | public through updated training of licensees and registered |
| 137 | specialists, not to exceed 16 hours biennially, as a condition |
| 138 | for renewal of a license or registration as a specialist under |
| 139 | this chapter. Continuing education courses shall include, but |
| 140 | not be limited to, the following subjects as they relate to the |
| 141 | practice of cosmetology: human immunodeficiency virus and |
| 142 | acquired immune deficiency syndrome; Occupational Safety and |
| 143 | Health Administration regulations; workers' compensation issues; |
| 144 | state and federal laws and rules as they pertain to |
| 145 | cosmetologists, cosmetology, salons, specialists, specialty |
| 146 | salons, and booth renters; chemical makeup as it pertains to |
| 147 | hair, skin, and nails; and environmental issues. Courses given |
| 148 | at cosmetology conferences may be counted toward the number of |
| 149 | continuing education hours required if approved by the board. |
| 150 | (b) Any person whose occupation or practice is confined |
| 151 | solely to hair braiding, hair wrapping, or body wrapping is |
| 152 | exempt from the continuing education requirements of this |
| 153 | subsection. |
| 154 | (c) The board may, by rule, require any licensee in |
| 155 | violation of a continuing education requirement to take a |
| 156 | refresher course or refresher course and examination in addition |
| 157 | to any other penalty. The number of hours for the refresher |
| 158 | course may not exceed 48 hours. |
| 159 | Section 3. Section 477.022, Florida Statutes, is amended |
| 160 | to read: |
| 161 | 477.022 Examinations; examination review class.-- |
| 162 | (1) The board shall specify by rule the general areas of |
| 163 | competency to be covered by examinations for the licensing under |
| 164 | this chapter of cosmetologists. The rules shall include the |
| 165 | relative weight assigned in grading each area, the grading |
| 166 | criteria to be used by the examiner, and the score necessary to |
| 167 | achieve a passing grade. The board shall ensure that |
| 168 | examinations adequately measure both an applicant's competency |
| 169 | and her or his knowledge of related statutory requirements. The |
| 170 | department shall contract with a contracted provider to |
| 171 | administer the examination, and the contracted provider may |
| 172 | offer an elective examination review class to prepare for taking |
| 173 | the examination. The examination review class may be approved by |
| 174 | the board as 4 hours of the required 16 hours of continuing |
| 175 | education under s. 477.019(7)(a) and may be used by all |
| 176 | licensees under this chapter. The department or the department's |
| 177 | contracted provider may use professional testing services to |
| 178 | formulate the examinations. Professional testing services may be |
| 179 | utilized to formulate the examinations. The board may, by rule, |
| 180 | offer a written clinical examination or a performance |
| 181 | examination, or both, in addition to a written theory |
| 182 | examination. |
| 183 | (2) The department shall issue a request for competitive |
| 184 | sealed proposals from nonprofit entities seeking to become a |
| 185 | contracted provider under subsection (1) that includes a |
| 186 | statement of the examination-related services sought and all |
| 187 | terms and conditions applicable to the contract. The department |
| 188 | shall award the contract to a contracted provider whose proposal |
| 189 | is determined, in writing, to be most advantageous to the state, |
| 190 | taking into consideration the price and the other criteria set |
| 191 | forth in the request for proposals. The contract shall include a |
| 192 | 4-year term, with renewable options at the department's |
| 193 | discretion, and the department is authorized to adopt rules |
| 194 | relating to the services to be provided. In making the |
| 195 | selection, the department shall consider factors such as whether |
| 196 | the contracted provider represents the diverse interests of the |
| 197 | cosmetology industry and the contracted provider's ability to |
| 198 | provide a statewide program with diverse cosmetology industry |
| 199 | interests and statewide participation. The board shall ensure |
| 200 | that examinations comply with state and federal equal employment |
| 201 | opportunity guidelines. |
| 202 | (3) The examination shall be given at least once a year. |
| 203 | (4) The board shall adopt rules providing for |
| 204 | reexamination of applicants who have failed the examinations. |
| 205 | (5) All licensing examinations shall be conducted in such |
| 206 | manner that the applicant shall be known by number only until |
| 207 | her or his examination is completed and the proper grade |
| 208 | determined. An accurate record of each examination shall be |
| 209 | made; and that record shall be filed with the secretary of the |
| 210 | department and shall be kept for reference and inspection for a |
| 211 | period of not less than 2 years immediately following the |
| 212 | examination. |
| 213 | Section 4. Subsection (12) is added to section 477.025, |
| 214 | Florida Statutes, to read: |
| 215 | 477.025 Cosmetology salons; specialty salons; requisites; |
| 216 | licensure; inspection; mobile cosmetology salons; booth |
| 217 | rentals.-- |
| 218 | (12)(a) Booth rentals are subject to the following |
| 219 | requirements: |
| 220 | 1. The owner of a licensed salon must provide the |
| 221 | department with verification of compliance with all sanitation |
| 222 | guidelines set forth by the department for all booth rentals in |
| 223 | the salon prior to allowing services to be provided in any booth |
| 224 | rental in the salon and at other times upon demand of the |
| 225 | department. |
| 226 | 2. The owner of a licensed salon must register with the |
| 227 | department the names of all licensees who have executed leases |
| 228 | for booth rentals within the owner's salon and shall submit or |
| 229 | produce copies the leases upon demand of the department. |
| 230 | 3. Each licensee who executes a lease for a booth rental |
| 231 | must be registered as a booth renter with the department or the |
| 232 | department's contracted provider. |
| 233 | (b) The department may contract with a contracted provider |
| 234 | to administer the registration process under this subsection in |
| 235 | the same manner as provided in s. 477.022(2). Registration |
| 236 | requirements under this subsection shall be adopted by the |
| 237 | department by rule. The requirements shall include, but shall |
| 238 | not be limited to, requirements for booth renters to comply with |
| 239 | the Internal Revenue Service and Department of Revenue rules and |
| 240 | regulations. |
| 241 | Section 5. Subsection (1) of section 477.026, Florida |
| 242 | Statutes, is amended to read: |
| 243 | 477.026 Fees; disposition.-- |
| 244 | (1) The board shall set fees according to the following |
| 245 | schedule: |
| 246 | (a) For cosmetologists, fees for original licensing, |
| 247 | license renewal, and delinquent renewal, and booth rental |
| 248 | registration shall not exceed $25. |
| 249 | (b) For cosmetologists, fees for endorsement application, |
| 250 | examination, and reexamination shall not exceed $50. |
| 251 | (c) For cosmetology and specialty salons, fees for license |
| 252 | application, original licensing, license renewal, and delinquent |
| 253 | renewal, and booth rental registration shall not exceed $50. |
| 254 | (d) For specialists, fees for application and endorsement |
| 255 | registration shall not exceed $30. |
| 256 | (e) For specialists, fees for initial registration, |
| 257 | registration renewal, and delinquent renewal, and booth rental |
| 258 | registration shall not exceed $50. |
| 259 | (f) For hair braiders, hair wrappers, and body wrappers, |
| 260 | fees for registration and booth rental registration shall not |
| 261 | exceed $25. |
| 262 | Section 6. This act shall take effect July 1, 2007. |