Senate Bill sb0920c1
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Florida Senate - 2007 CS for SB 920
By the Committee on Regulated Industries; and Senator Wise
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1 A bill to be entitled
2 An act relating to cosmetology; amending s.
3 477.013, F.S.; providing and revising
4 definitions; redefining "cosmetology" to
5 include hair technician, esthetician, and nail
6 technician services; including body wrapping
7 within esthetician services; removing a
8 distinction between specialty salons and other
9 salons; creating s. 477.0131, F.S.; authorizing
10 licensure for hair technicians, estheticians,
11 nail technicians, and cosmetologists; amending
12 s. 477.0132, F.S.; eliminating future body
13 wrapping registrations; authorizing renewal of
14 current body wrapping registrations; specifying
15 that only the Board of Cosmetology may review,
16 evaluate, and approve required text; amending
17 s. 477.014, F.S.; revising requirements for
18 qualification to practice under ch. 477, F.S.;
19 authorizing current specialists to sit for
20 licensure examinations in certain
21 circumstances; providing for the renewal of
22 current specialty registrations; amending s.
23 477.019, F.S.; revising qualification,
24 education, licensure and renewal, supervised
25 practice, and endorsement requirements for
26 cosmetologist licenses to include and
27 differentiate qualification, education,
28 licensure and renewal, supervised practice, and
29 endorsement requirements for hair technician,
30 esthetician, and nail technician licenses;
31 requiring the board to adopt certain procedures
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1 relating to licensure by endorsement; amending
2 s. 477.0212, F.S.; requiring the board to adopt
3 certain rules relating to license renewal or
4 continuing education; amending s. 477.023,
5 F.S.; stipulating that the Department of
6 Education is not prevented from issuing
7 grooming and salon services certification;
8 creating s. 477.0231, F.S.; providing for the
9 selection and placement of cosmetology interns;
10 requiring a school program to provide written
11 notice to the board regarding the internship
12 sponsor and the cosmetology intern; providing
13 requirements and duties of the internship
14 sponsor; requiring a cosmetology salon to post
15 notice regarding services of a student intern;
16 requiring a cosmetology intern to possess
17 written authorization to practice cosmetology;
18 requiring the board to establish education
19 prerequisites for cosmetology internships;
20 authorizing the board to terminate an
21 internship of a cosmetology intern or the
22 sponsorship of a internship sponsor; requiring
23 the board to give notice of termination;
24 amending s. 477.025, F.S., relating to
25 cosmetology and specialty salons, requisites,
26 licensure, inspection, and mobile cosmetology
27 salons, to conform; amending s. 477.026, F.S.;
28 revising fee provisions to conform; amending s.
29 477.0263, F.S., to conform; specifying
30 circumstances under which cosmetology or
31 specialty services may be practiced outside of
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1 a licensed salon; amending s. 477.0265, F.S.,
2 relating to prohibited acts, to conform;
3 amending s. 477.028, F.S., relating to
4 disciplinary proceedings, to conform; amending
5 s. 477.029, F.S., relating to penalties, to
6 conform; repealing s. 477.0201, F.S., relating
7 to specialty registration, qualifications,
8 registration renewal, and endorsement;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 477.013, Florida Statutes, is
14 amended to read:
15 477.013 Definitions.--As used in this chapter, the
16 term:
17 (1) "Board" means the Board of Cosmetology.
18 (2) "Department" means the Department of Business and
19 Professional Regulation.
20 (3) "Cosmetologist" means a person who is licensed to
21 engage in the practice of all cosmetology services in this
22 state under the authority of this chapter, including hair
23 technician services, esthetician services, and nail technician
24 services, or a person who is licensed prior to July 1, 2008,
25 to engage in the practice of cosmetology in this state.
26 (4) "Cosmetology" means the practice of performing or
27 offering to perform for compensation any of the following
28 services for aesthetic rather than medical purposes:
29 (a) Hair technician services, which are:
30 1. Treating a person's hair by:
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1 a. Providing any method of treatment as a primary
2 service, including arranging, beautifying, lightening,
3 cleansing, coloring, cutting, dressing, processing,
4 shampooing, shaping, singeing, straightening, styling,
5 tinting, or waving;
6 b. Providing a necessary service that is preparatory
7 or ancillary to a service under sub-subparagraph a., including
8 clipping, cutting, or trimming; or
9 c. Cutting a person's hair as a separate and
10 independent service for which a charge is directly or
11 indirectly made separately from charges for any other service.
12 2. Weaving or braiding a person's hair.
13 3. Shampooing and conditioning a person's hair.
14 4. Servicing a person's wig or artificial hairpiece on
15 that person's head in any manner listed in subparagraph 1.
16 5. Treating a person's mustache or beard by coloring,
17 processing, styling, or trimming.
18 (b) Esthetician services, which are:
19 1. Cleansing, exfoliating, or stimulating a person's
20 skin by hand or by using a mechanical device, apparatus, or
21 appliance with the use of any cosmetic preparation,
22 antiseptic, lotion, powder, oil, clay, cream, or appliance.
23 2. Beautifying a person's skin using a cosmetic
24 preparation, antiseptic, lotion, powder, oil, clay, cream, or
25 appliance.
26 3. Administering facial treatments.
27 4. Removing superfluous hair from a person's body
28 using depilatories, threading, waxing, sugaring, or tweezing.
29 5. Tinting eyebrows or eyelashes with products
30 manufactured specifically for eyebrows or eyelashes.
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1 6. Body wrapping, which is a treatment program that
2 uses wraps for the purposes of cleansing and beautifying a
3 person's skin for aesthetic rather than medical or weight-loss
4 purposes and is the application of oils, lotions, or other
5 fluids to the body using wraps. Body wrapping does not include
6 manipulation of the body's superficial tissue, other than that
7 resulting from the application of the wrap materials.
8 7. Submersing parts of the body in a bath of clay,
9 oils, lotions, or other fluids.
10 (c) Nail technician services, which are:
11 1. Treating a person's nails by:
12 a. Cutting, trimming, polishing, painting, printing,
13 tinting, coloring, cleansing, manicuring, or pedicuring; or
14 b. Affixing artificial nails, extensions, or capping.
15 2. Cleansing, treating, or beautifying a person's
16 forearms, hands, legs below the knee, or feet mechanical or
17 chemical treatment of the head, face, and scalp for aesthetic
18 rather than medical purposes, including, but not limited to,
19 hair shampooing, hair cutting, hair arranging, hair coloring,
20 permanent waving, and hair relaxing for compensation. This
21 term also includes performing hair removal, including wax
22 treatments, manicures, pedicures, and skin care services.
23 (5) "Salon" means a place of business where the
24 practice of one or more cosmetology or specialty services are
25 offered or performed for compensation.
26 (6)(5) "Specialist" means any person registered under
27 s. 477.014(6) to practice one or more of the following
28 specialties: holding a specialty registration in one or more
29 of the specialties registered under this chapter.
30 (6) "Specialty" means the practice of one or more of
31 the following:
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1 (a) Manicuring, or the cutting, polishing, tinting,
2 coloring, cleansing, adding, or extending of the nails, and
3 massaging of the hands. This term includes any procedure or
4 process for the affixing of artificial nails, except those
5 nails which may be applied solely by use of a simple adhesive.
6 (b) Pedicuring, or the shaping, polishing, tinting, or
7 cleansing of the nails of the feet, and massaging or
8 beautifying of the feet.
9 (c) Facials, or the massaging or treating of the face
10 or scalp with oils, creams, lotions, or other preparations,
11 and skin care services, which means the treatment of the skin
12 of a person's body, in addition to a person's head, face, and
13 scalp, by the use of a sponge, brush, cloth, or similar device
14 to apply or remove a chemical preparation or other substance
15 without involving massage, as defined in s. 480.033(3), except
16 that chemical peels may be removed by peeling an applied
17 preparation from the skin by hand.
18 (7) "Shampooing" means the cleansing washing of the
19 hair with soap and water or with a special preparation, or
20 applying hair tonics.
21 (8) "Specialty salon" means any place of business
22 wherein the practice of one or all of the specialties as
23 defined in subsection (6) are engaged in or carried on.
24 (8)(9) "Hair braiding" means the weaving or
25 interweaving of a person's own natural human hair for
26 compensation without cutting, coloring, permanent waving,
27 relaxing, removing, or chemical treatment and does not include
28 the use of hair extensions or wefts.
29 (9)(10) "Hair wrapping" means the wrapping of
30 manufactured materials around a strand or strands of human
31 hair, for compensation, without cutting, coloring, permanent
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1 waving, relaxing, removing, weaving, chemically treating,
2 braiding, using hair extensions, or performing any other
3 service defined as cosmetology.
4 (10)(11) "Photography studio salon" means an
5 establishment where the hair-arranging services and the
6 application of cosmetic products are performed solely for the
7 purpose of preparing the model or client for the photographic
8 session without shampooing, cutting, coloring, permanent
9 waving, relaxing, or removing of hair or performing any other
10 service defined as cosmetology.
11 (11)(12) "Body wrapping" means a treatment program
12 that uses herbal wraps for the purposes of cleansing and
13 beautifying the skin of the body, but does not include:
14 (a) The application of oils, lotions, or other fluids
15 to the body, except fluids contained in presoaked materials
16 used in the wraps; or
17 (b) Manipulation of the body's superficial tissue,
18 other than that arising from compression emanating from the
19 wrap materials.
20 (13) "Skin care services" means the treatment of the
21 skin of the body, other than the head, face, and scalp, by the
22 use of a sponge, brush, cloth, or similar device to apply or
23 remove a chemical preparation or other substance, except that
24 chemical peels may be removed by peeling an applied
25 preparation from the skin by hand. Skin care services must be
26 performed by a licensed cosmetologist or facial specialist
27 within a licensed cosmetology or specialty salon, and such
28 services may not involve massage, as defined in s. 480.033(3),
29 through manipulation of the superficial tissue.
30 Section 2. Section 477.0131, Florida Statutes, is
31 created to read:
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1 477.0131 Hair technician, esthetician, nail
2 technician, and cosmetology licenses.--
3 (1) A person who is otherwise qualified by this
4 chapter and who is authorized to practice all of the services
5 listed in s. 477.013(4)(a) shall be licensed as a hair
6 technician.
7 (2) A person who is otherwise qualified by this
8 chapter and who is authorized to practice all of the services
9 listed in s. 477.013(4)(b) shall be licensed as an
10 esthetician.
11 (3) A person who is otherwise qualified by this
12 chapter and who is authorized to practice all of the services
13 listed in s. 477.013(4)(c) shall be licensed as a nail
14 technician.
15 (4) A person who is otherwise qualified by this
16 chapter and who is authorized to practice all of the services
17 listed in s. 477.013(4) shall be licensed as a cosmetologist.
18 Section 3. Section 477.0132, Florida Statutes, is
19 amended to read:
20 477.0132 Hair braiding, hair wrapping, and body
21 wrapping registration.--
22 (1)(a) A person Persons whose occupation or practice
23 is confined solely to hair braiding shall must register with
24 the department, shall pay the applicable registration fee, and
25 shall take a two-day 16-hour course. The course shall be board
26 approved and consist of 5 hours of instruction in HIV/AIDS and
27 other communicable diseases, 5 hours of instruction in
28 sanitation and sterilization, 4 hours of instruction in
29 disorders and diseases of the scalp, and 2 hours of
30 instruction in studies regarding laws affecting hair braiding.
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1 (2)(b) A person Persons whose occupation or practice
2 is confined solely to hair wrapping shall must register with
3 the department, shall pay the applicable registration fee, and
4 shall take a one-day 6-hour course. The course shall be board
5 approved and consist of instruction education in HIV/AIDS and
6 other communicable diseases, sanitation and sterilization,
7 disorders and diseases of the scalp, and studies regarding
8 laws affecting hair wrapping.
9 (3)(c) Unless otherwise licensed or exempted from
10 licensure under this chapter, any person whose occupation or
11 practice is body wrapping must register with the department,
12 pay the applicable registration fee, and take a 40-hour
13 two-day 12-hour course. The course shall be board approved and
14 include, but not be limited to, body systems,
15 contraindications, consist of education in HIV/AIDS and other
16 communicable diseases, sanitation and sterilization, disorders
17 and diseases of the skin, and studies regarding laws affecting
18 body wrapping.
19 (4)(d) Only the board may review, evaluate, and
20 approve a course and text required of an applicant for
21 registration under this section subsection in the occupation
22 or practice of hair braiding, hair wrapping, or body wrapping.
23 A provider of such a course is not required to hold a license
24 under chapter 1005.
25 (5)(2) Hair braiding, hair wrapping, and body wrapping
26 are not required to be practiced in a cosmetology salon or
27 specialty salon. When hair braiding, hair wrapping, or body
28 wrapping is practiced outside a cosmetology salon or specialty
29 salon, disposable implements shall must be used or all
30 implements shall must be sanitized in a disinfectant approved
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1 for hospital use or approved by the federal Environmental
2 Protection Agency.
3 (6)(3) Pending issuance of registration, a person is
4 eligible to practice hair braiding, hair wrapping, or body
5 wrapping upon submission of a registration application that
6 includes proof of successful completion of the education
7 requirements and payment of the applicable fees required by
8 this chapter.
9 Section 4. Section 477.014, Florida Statutes, is
10 amended to read:
11 477.014 Qualifications for practice.--
12 (1) On and after July January 1, 2008, a 1979, no
13 person who is not other than a duly licensed or registered
14 under this chapter may not cosmetologist shall practice in any
15 of the cosmetology areas provided in s. 477.013(4) or use the
16 name or title of cosmetologist, hair technician, esthetician,
17 or nail technician.
18 (2) A person licensed or registered under this chapter
19 on or after July 1, 2008, may not practice or hold himself or
20 herself out as qualified to practice in an area in which he or
21 she is not specifically licensed or registered under this
22 chapter.
23 (3) A cosmetologist licensed before July 1, 2008, may
24 perform all the services of a licensed cosmetologist as
25 defined in this chapter.
26 (4) A facial specialist registered or enrolled in a
27 cosmetology school before July 1, 2008, may take the
28 examination for an esthetician license.
29 (5) A manicure, pedicure, or nail extension specialist
30 registered or enrolled in a cosmetology school before July 1,
31 2008, may take the examination for a nail technician license.
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1 (6) A specialist registered under this chapter before
2 July 1, 2008, may continue to practice under the name of his
3 or her specialty registration without taking the respective
4 licensure examination. Renewal of all registrations, including
5 a full specialty registration that includes facial, manicure,
6 pedicure, and nail extension specialties, existing before July
7 1, 2008, shall be accomplished pursuant to rules adopted by
8 the board.
9 Section 5. Section 477.019, Florida Statutes, is
10 amended to read:
11 477.019 Cosmetologists; hair technicians;
12 estheticians; nail technicians; qualifications; licensure;
13 supervised practice; license renewal; endorsement; continuing
14 education.--
15 (1) A person desiring to be licensed in the field of
16 cosmetology as a cosmetologist shall apply to the department
17 for licensure.
18 (2) An applicant is shall be eligible for licensure by
19 examination to practice cosmetology, hair technician services,
20 esthetician services, or nail technician services if the
21 applicant:
22 (a) Is at least 16 years of age or has received a high
23 school diploma or graduate equivalency diploma or has passed
24 an ability-to-benefit test, which is an independently
25 administered test approved by the United States Secretary of
26 Education as provided in 20 U.S.C. s. 1091(d).;
27 (b) Pays the required application fee, which is not
28 refundable, and the required examination fee, which is
29 refundable if the applicant is determined to not be eligible
30 for licensure for any reason other than failure to
31 successfully complete the licensure examination.; and
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1 (c)1. Is authorized to practice cosmetology in another
2 state or country, has been so authorized for at least 1 year,
3 and does not qualify for licensure by endorsement as provided
4 for in subsection (6); or
5 2.a. Has received a minimum number of hours of
6 training as follows:
7 (I) For a hair technician, 1,000 hours.
8 (II) For an esthetician, 600 hours.
9 (III) For a nail technician, 350 hours.
10 (IV) For a cosmetologist, 1,800 hours.
11 b. The training Has received a minimum of 1,200 hours
12 of training as established by the board, which shall include,
13 but need shall not be limited to, the equivalent of completion
14 of services directly related to the practice of cosmetology at
15 one of the following:
16 (I)a. A school of cosmetology licensed pursuant to
17 chapter 1005.
18 (II)b. A cosmetology program within the public school
19 system.
20 (III)c. The Cosmetology Division of the Florida School
21 for the Deaf and the Blind, provided the division meets the
22 standards of this chapter.
23 (IV)d. A government-operated cosmetology program in
24 this state.
25 c. A person who has enrolled and begun his or her
26 education before July 1, 2008, may take the examination to be
27 licensed as a cosmetologist upon completion of 1,200 hours of
28 education.
29 d. A person who begins his or her education on or
30 after July 1, 2008, shall comply with the hour requirements in
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1 sub-subparagraph a. in order to qualify to take his or her
2 respective examination.
3
4 The board shall establish by rule procedures whereby the
5 school or program may certify that a person is qualified to
6 take the required examination after the completion of a
7 minimum of 1,000 actual school hours. If the person then
8 passes the examination, he or she shall have satisfied this
9 requirement; but if the person fails the examination, he or
10 she shall not be qualified to take the examination again until
11 the completion of the full requirements provided by this
12 section.
13 (3) Upon an applicant receiving a passing grade, as
14 established by board rule, on the examination and paying the
15 initial licensing fee, the department shall issue a license to
16 practice in the applicant's respective area of cosmetology
17 provided in s. 477.013(4).
18 (4) After submitting a complete application to take
19 the first available examination for licensure as a
20 cosmetologist, hair technician, esthetician, or nail
21 technician, a graduate of a licensed cosmetology school or a
22 program within the public school system, which school or
23 program is certified by the Department of Education, is
24 eligible to practice in the graduate's respective area for a
25 maximum period of 60 days, provided such graduate practices
26 under the supervision of a professional licensed under this
27 chapter in a licensed salon. A graduate who fails to pass an
28 examination the first time may continue to practice under the
29 supervision of a professional licensed under this chapter in a
30 licensed salon for an additional 60-day period, provided the
31 graduate applies for the next available examination. A
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1 graduate may not continue to practice under this subsection if
2 the graduate fails the examination twice. Following the
3 completion of the first licensing examination and pending the
4 results of that examination and issuance of a license to
5 practice cosmetology, graduates of licensed cosmetology
6 schools or cosmetology programs offered in public school
7 systems, which schools or programs are certified by the
8 Department of Education, are eligible to practice cosmetology,
9 provided such graduates practice under the supervision of a
10 licensed cosmetologist in a licensed cosmetology salon. A
11 graduate who fails the first examination may continue to
12 practice under the supervision of a licensed cosmetologist in
13 a licensed cosmetology salon if the graduate applies for the
14 next available examination and until the graduate receives the
15 results of that examination. No graduate may continue to
16 practice under this subsection if the graduate fails the
17 examination twice.
18 (5) Renewal of license registration shall be
19 accomplished pursuant to rules adopted by the board.
20 (6) The board shall adopt rules specifying procedures
21 for the licensure by endorsement of practitioners desiring to
22 be licensed in this state who hold a current active license in
23 another state or country and who have met qualifications
24 substantially similar to, equivalent to, or greater than the
25 qualifications required of applicants from this state. For
26 purposes of this subsection, work experience may be
27 substituted for required educational hours in the amount and
28 manner provided by board rule.
29 (7)(a) The board shall prescribe by rule continuing
30 education requirements for licensees and registered
31 specialists that intended to ensure the protection of the
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1 public through updated training of licensees and registered
2 specialists, not to exceed 16 hours biennially, as a condition
3 for renewal of a license or registration as a specialist under
4 this chapter. Continuing education courses shall include, but
5 not be limited to, the following subjects as they relate to
6 the practice of cosmetology: HIV/AIDS human immunodeficiency
7 virus and acquired immune deficiency syndrome; Occupational
8 Safety and Health Administration regulations; workers'
9 compensation issues; state and federal laws and rules as they
10 pertain to cosmetologists, the practice of cosmetology,
11 salons, specialists, specialty salons, and booth renters;
12 chemical makeup as it pertains to hair, skin, and nails; and
13 environmental issues. Courses given at educational cosmetology
14 conferences may be counted toward the number of continuing
15 education hours required if approved by the board.
16 (b) Any person whose occupation or practice is
17 confined solely to hair braiding, hair wrapping, or body
18 wrapping is exempt from the continuing education requirements
19 of this subsection.
20 (c) The board may, by rule, require any licensee in
21 violation of a continuing education requirement to take a
22 refresher course or refresher course and examination in
23 addition to any other penalty. The number of hours for the
24 refresher course may not exceed 48 hours.
25 Section 6. Section 477.0212, Florida Statutes, is
26 amended to read:
27 477.0212 Inactive status.--
28 (1) A cosmetologist's license issued under this
29 chapter that has become inactive may be reactivated under s.
30 477.019 upon application to the department.
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1 (2) The board shall adopt promulgate rules relating to
2 licenses that which have become inactive and for the renewal
3 of inactive licenses. The board shall prescribe by rule a fee
4 not to exceed $50 for the reactivation of an inactive license
5 and a fee not to exceed $50 for the renewal of an inactive
6 license. The board shall prescribe by rule the continuing
7 education requirements to be met prior to license renewal or
8 reactivation.
9 Section 7. Section 477.023, Florida Statutes, is
10 amended to read:
11 477.023 Schools of cosmetology; licensure.--A No
12 private school of cosmetology may not shall be permitted to
13 operate without a license issued by the Commission for
14 Independent Education pursuant to chapter 1005. However, this
15 chapter does not nothing herein shall be construed to prevent
16 certification by the Department of Education of grooming and
17 salon services and cosmetology training programs within the
18 public school system or to prevent government operation of any
19 other program of cosmetology in this state.
20 Section 8. Section 477.0231, Florida Statutes, is
21 created to read:
22 477.0231 Cosmetology internships.--
23 (1) The selection and placement of cosmetology interns
24 shall be determined by the cosmetology school or program. The
25 school or program shall determine whether a student is
26 eligible to become a cosmetology intern and whether an
27 internship sponsor meets the requirements for its educational
28 objectives. The school program, on behalf of the student,
29 shall provide written notice to the board that an internship
30 sponsor has been selected and name the cosmetology intern to
31 be supervised. The school or program shall determine the
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1 length and schedule of an individual cosmetology internship,
2 but such internship may not exceed 12 months.
3 (2) Each internship sponsor shall obtain approval from
4 a school or cosmetology program and shall register with the
5 board before accepting placement of each cosmetology intern.
6 The application for registration must include the name and
7 contact person of the school or program placing the intern,
8 the names and addresses of the internship sponsor, and other
9 information that the board requires.
10 (3) The internship sponsor must have an active license
11 and shall actively supervise the cosmetology intern in the
12 practice of cosmetology pursuant to rules established by the
13 board. A cosmetology intern may only practice within the field
14 of cosmetology in which he or she is engaged in the course of
15 study. The internship sponsor shall ensure that the
16 cosmetology intern is complying with the laws and rules
17 governing cosmetology and is complying with the educational
18 objectives and guidelines established by the cosmetology
19 school or program and the board.
20 (4) All services provided by the cosmetology intern
21 shall be expressly approved by the internship sponsor and
22 contracted for by the internship sponsor. The internship
23 sponsor shall ensure that the public is clearly informed that
24 the cosmetology intern is not a licensed cosmetologist.
25 (5) Pursuant to rules established by the board, the
26 cosmetology salon in which a cosmetology intern is engaged in
27 the practice of cosmetology shall post notice in a conspicuous
28 manner within the salon indicating that a student intern is
29 providing services on the premises.
30 (6) While engaged in the practice of cosmetology, a
31 cosmetology intern shall possess written documentation of his
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1 or her authorization to engage in the practice of cosmetology
2 from the student's cosmetology school or program and shall
3 furnish such documentation to the department before engaging
4 in the practice of cosmetology and upon request by department
5 personnel.
6 (7) The board shall establish by rule the education
7 prerequisites for cosmetology internships, including the
8 minimum number of hours of classroom instruction and required
9 course work. The board shall establish by rule the number of
10 permitted cosmetology internships per internship sponsor, the
11 minimum and maximum number of internship hours, and the
12 recommended educational objectives and guidelines for an
13 internship program in a cosmetology school or program.
14 (8) The board may terminate the internship of any
15 cosmetology intern and the sponsorship of any internship
16 sponsor for a violation of the laws and rules governing
17 cosmetology and board rules governing internships. The board
18 shall provide notice of termination of an internship to the
19 internship sponsor, the cosmetology school or program, and the
20 cosmetology intern. In the case of a terminated cosmetology
21 internship, the school or program shall determine the
22 educational status of the cosmetology intern.
23 Section 9. Section 477.025, Florida Statutes, is
24 amended to read:
25 477.025 Cosmetology salons; specialty Salons;
26 requisites; licensure; inspection; mobile cosmetology
27 salons.--
28 (1) No cosmetology salon or specialty salon shall be
29 permitted to operate without a license issued by the
30 department except as provided in subsection (11).
31
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1 (2) The board shall adopt rules governing the
2 licensure and operation of salons and specialty salons and
3 their facilities, personnel, and safety and sanitary
4 requirements, and the license application and granting
5 process.
6 (3) Any person, firm, or corporation desiring to
7 operate a cosmetology salon or specialty salon in the state
8 shall submit to the department a salon an application form
9 upon forms provided by the department, and accompanied by any
10 relevant information requested by the department, and by an
11 application fee.
12 (4) Upon receiving the application, the department may
13 cause an investigation to be made of the proposed cosmetology
14 salon or specialty salon.
15 (5) When an applicant fails to meet all the
16 requirements provided in this section herein, the department
17 shall deny the application in writing and shall list the
18 specific requirements not met. No applicant denied licensure
19 because of failure to meet the requirements of this section
20 herein shall be precluded from reapplying for licensure.
21 (6) When the department determines that the proposed
22 cosmetology salon or specialty salon may reasonably be
23 expected to meet the requirements set forth in this section
24 herein, the department shall grant the license upon such
25 conditions as it shall deem proper under the circumstances and
26 upon payment of the original licensing fee.
27 (7) No license for operation of a cosmetology salon or
28 specialty salon may be transferred from the name of the
29 original licensee to another. It may be transferred from one
30 location to another only upon approval by the department,
31 which approval shall not be unreasonably withheld.
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1 (8) Renewal of license registration for cosmetology
2 salons or specialty salons shall be accomplished pursuant to
3 rules adopted by the board. The board is further authorized to
4 adopt rules governing delinquent renewal of licenses and may
5 impose penalty fees for delinquent renewal.
6 (9) The board is authorized to adopt rules governing
7 the periodic inspection of cosmetology salons and specialty
8 salons licensed under this chapter.
9 (10)(a) The board shall adopt rules governing the
10 licensure, operation, and inspection of mobile cosmetology
11 salons, including their facilities, personnel, and safety and
12 sanitary requirements.
13 (b) Each mobile salon must comply with all licensure
14 and operating requirements specified in this chapter or
15 chapter 455 or rules of the board or department that apply to
16 cosmetology salons at fixed locations, except to the extent
17 that such requirements conflict with this subsection or rules
18 adopted pursuant to this subsection.
19 (c) A mobile cosmetology salon must maintain a
20 permanent business address, located in the inspection area of
21 the local department office, at which records of appointments,
22 itineraries, license numbers of employees, and vehicle
23 identification numbers of the licenseholder's mobile salon
24 shall be kept and made available for verification purposes by
25 department personnel, and at which correspondence from the
26 department can be received.
27 (d) To facilitate periodic inspections of mobile
28 cosmetology salons, prior to the beginning of each month, each
29 mobile salon licenseholder must file with the board a written
30 monthly itinerary listing the locations where and the dates
31 and hours when the mobile salon will be operating.
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1 (e) The board shall establish fees for mobile
2 cosmetology salons, not to exceed the fees for cosmetology
3 salons at fixed locations.
4 (f) The operation of mobile cosmetology salons must be
5 in compliance with all local laws and ordinances regulating
6 business establishments, with all applicable requirements of
7 the Americans with Disabilities Act relating to accommodations
8 for persons with disabilities, and with all applicable OSHA
9 requirements.
10 (11) Facilities licensed under part II of chapter 400
11 or under part I of chapter 429 are exempt from this section,
12 and a cosmetologist licensed pursuant to s. 477.019 may
13 provide salon services exclusively for facility residents.
14 Section 10. Section 477.026, Florida Statutes, is
15 amended to read:
16 477.026 Fees; disposition.--
17 (1) The board shall set fees according to the
18 following schedule:
19 (a) For hair technicians, estheticians, nail
20 technicians, or cosmetologists, fees for original licensing,
21 license renewal, and delinquent renewal may shall not exceed
22 $25.
23 (b) For hair technicians, estheticians, nail
24 technicians, or cosmetologists, fees for endorsement
25 application, examination, and reexamination may shall not
26 exceed $50.
27 (c) For cosmetology and specialty salons, fees for
28 license application, original licensing, license renewal, and
29 delinquent renewal may shall not exceed $50.
30 (d) For specialists, fees for application and
31 endorsement registration shall not exceed $30.
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1 (d)(e) For specialists, fees for initial registration,
2 registration renewal, and delinquent renewal may shall not
3 exceed $50.
4 (e)(f) For hair braiders, hair wrappers, and body
5 wrappers, fees for registration may shall not exceed $25.
6 (2) All moneys collected by the department from fees
7 authorized by this chapter shall be paid into the Professional
8 Regulation Trust Fund, which fund is created in the
9 department, and shall be applied in accordance with ss. 215.37
10 and 455.219. The Legislature may appropriate any excess moneys
11 from this fund to the General Revenue Fund.
12 (3) The department, with the advice of the board,
13 shall prepare and submit a proposed budget in accordance with
14 law.
15 Section 11. Section 477.0263, Florida Statutes, is
16 amended to read:
17 477.0263 Cosmetology or specialty services to be
18 performed in licensed salon; exceptions exception.--
19 (1) Cosmetology or specialty services shall be
20 performed only by licensed cosmetologists or a cosmetologist
21 intern supervised by a licensed cosmetologist, hair
22 technicians, estheticians, or nail technicians or registered
23 specialists in licensed salons, except as otherwise provided
24 in this section.
25 (2) Pursuant to rules established by the board,
26 cosmetology or specialty services may be performed by a
27 licensed cosmetologist, hair technician, esthetician, or nail
28 technician or a registered specialist in a location other than
29 a licensed salon, including, but not limited to, a nursing
30 home, hospital, or residence, when a client for reasons of ill
31 health is unable to go to a licensed salon. Arrangements for
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1 the performance of such cosmetology or specialty services in a
2 location other than a licensed salon shall be made only
3 through a licensed salon.
4 (3) Any person who holds a valid cosmetology license
5 in any state or who is authorized to practice cosmetology in
6 any country, territory, or jurisdiction of the United States
7 may perform cosmetology services in a location other than a
8 licensed salon when such services are performed in connection
9 with the motion picture, fashion photography, theatrical, or
10 television industry; a photography studio salon; a
11 manufacturer trade show demonstration; a department store
12 demonstration; or an educational seminar.
13 (4) Pursuant to rules established by the board,
14 cosmetology, hair technician, esthetician, nail technician, or
15 specialty services may be performed in a location other than a
16 licensed salon when such services are performed in connection
17 with a special event and are performed by a person who is
18 employed by a licensed salon and who holds the proper license
19 or specialty registration. An appointment for the performance
20 of such services in a location other than a licensed salon
21 shall be made through a licensed salon.
22 Section 12. Section 477.0265, Florida Statutes, is
23 amended to read:
24 477.0265 Prohibited acts.--
25 (1) It is unlawful for any person to:
26 (a) Engage in the practice of cosmetology or a
27 specialty without an active license in the field of
28 cosmetology unless authorized as a cosmetologist intern or
29 registration as a specialist issued by the department pursuant
30 to the provisions of this chapter.
31
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1 (b) Own, operate, maintain, open, establish, conduct,
2 or have charge of, either alone or with another person or
3 persons, a cosmetology salon or specialty salon:
4 1. That Which is not licensed under the provisions of
5 this chapter; or
6 2. In which a person not licensed in the field of
7 cosmetology or registered as a cosmetologist or a specialist
8 or authorized as a cosmetologist intern is permitted to
9 perform cosmetology services or any specialty.
10 (c) Engage in willful or repeated violations of this
11 chapter or of any rule adopted by the board.
12 (d) Permit an employed person to engage in the
13 practice of cosmetology or of a specialty unless such person
14 holds a valid, active license in the field of cosmetology or
15 is authorized as a cosmetologist intern under this chapter and
16 supervised by a licensed cosmetologist or holds a registration
17 as a specialist.
18 (e) Obtain or attempt to obtain a license or
19 registration for money, other than the required fee, or any
20 other thing of value or by fraudulent misrepresentations.
21 (f) Use or attempt to use a license to practice in the
22 field of cosmetology or a registration to practice a
23 specialty, which license or registration is suspended or
24 revoked.
25 (g) Advertise or imply that skin care services or body
26 wrapping, as performed under this chapter, has have any
27 relationship to the practice of massage therapy as defined in
28 s. 480.033(3), except those practices or activities defined in
29 s. 477.013.
30 (h) In the practice of cosmetology or specialty
31 services, use or possess a cosmetic product containing a
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1 liquid nail monomer containing any trace of methyl
2 methacrylate (MMA).
3 (2) Any person who violates any provision of this
4 section commits a misdemeanor of the second degree, punishable
5 as provided in s. 775.082 or s. 775.083.
6 Section 13. Section 477.028, Florida Statutes, is
7 amended to read:
8 477.028 Disciplinary proceedings.--
9 (1) The board may shall have the power to revoke or
10 suspend the license of a cosmetologist, hair technician,
11 esthetician, or nail technician licensed under this chapter,
12 or the registration of a specialist registered under this
13 chapter, and may to reprimand, censure, deny subsequent
14 licensure or registration of, or otherwise discipline a
15 cosmetologist, hair technician, esthetician, nail technician,
16 or a specialist licensed or registered under this chapter in
17 any of the following cases:
18 (a) Upon proof that a license or registration has been
19 obtained by fraud or misrepresentation.
20 (b) Upon proof that the holder of a license or
21 registration is guilty of fraud or deceit or of gross
22 negligence, incompetency, or misconduct in the practice or
23 instruction of cosmetology or a specialty.
24 (c) Upon proof that the holder of a license or
25 registration is guilty of aiding, assisting, procuring, or
26 advising any unlicensed person to practice in the field of
27 cosmetology as a cosmetologist.
28 (2) The board may shall have the power to revoke or
29 suspend the license of a cosmetology salon or a specialty
30 salon licensed under this chapter;, to deny subsequent
31 licensure of such salon;, or to reprimand, censure, or
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1 otherwise discipline the owner of such salon in either of the
2 following cases:
3 (a) Upon proof that a license has been obtained by
4 fraud or misrepresentation.
5 (b) Upon proof that the holder of a license is guilty
6 of fraud or deceit or of gross negligence, incompetency, or
7 misconduct in the operation of the salon so licensed.
8 (3) Disciplinary proceedings shall be conducted
9 pursuant to the provisions of chapter 120.
10 (4) The department may shall not issue or renew a
11 license or certificate of registration under this chapter to
12 any person against whom or salon against which the board has
13 assessed a fine, interest, or costs associated with
14 investigation and prosecution until the person or salon has
15 paid in full such fine, interest, or costs associated with
16 investigation and prosecution or until the person or salon
17 complies with or satisfies all terms and conditions of the
18 final order.
19 Section 14. Section 477.029, Florida Statutes, is
20 amended to read:
21 477.029 Penalty.--
22 (1) It is unlawful for any person to:
23 (a) Hold himself or herself out as a cosmetologist,
24 hair technician, esthetician, nail technician, specialist,
25 hair wrapper, hair braider, or body wrapper unless duly
26 licensed or registered, or otherwise authorized, as provided
27 in this chapter.
28 (b) Operate any cosmetology salon unless it has been
29 duly licensed as provided in this chapter.
30
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1 (c) Permit an employed person to practice cosmetology
2 or a specialty unless duly licensed or registered, or
3 otherwise authorized, as provided in this chapter.
4 (d) Present as his or her own the license of another.
5 (e) Give false or forged evidence to the department in
6 obtaining any license provided for in this chapter.
7 (f) Impersonate any other licenseholder of like or
8 different name.
9 (g) Use or attempt to use a license that has been
10 revoked.
11 (h) Violate any provision of s. 455.227(1), s.
12 477.0265, or s. 477.028.
13 (i) Violate or refuse to comply with any provision of
14 this chapter or chapter 455 or a rule or final order of the
15 board or the department.
16 (2) Any person who violates the provisions of this
17 section is shall be subject to one or more of the following
18 penalties, as determined by the board:
19 (a) Revocation or suspension of any license or
20 registration issued pursuant to this chapter.
21 (b) Issuance of a reprimand or censure.
22 (c) Imposition of an administrative fine not to exceed
23 $500 for each count or separate offense.
24 (d) Placement on probation for a period of time and
25 subject to such reasonable conditions as the board may
26 specify.
27 (e) Refusal to certify to the department an applicant
28 for licensure.
29 Section 15. Section 477.0201, Florida Statutes, is
30 repealed.
31 Section 16. This act shall take effect July 1, 2008.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 920
3
4 The committee substitute (CS) creates s. 477.0231, F.S., to
provide for cosmetology interns and internship supervisors.
5
The CS reinstates the definition in current law for "body
6 wrapping" in s. 477.013(12), F.S.
7 The CS reinstates the provision in current law related to the
education requirement for "body wrapping" in s. 477.0132,
8 F.S., and increases the required course hours for "body
wrapping" from 12 to 40 hours. It also requires that the
9 course include, but not be limited to, body systems and
contraindications.
10
The CS also amends s. 477.0265, F.S., to reference authorized
11 cosmetology interns.
12 The CS changes the effective date to July 1, 2008.
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