Senate Bill sb0920c1

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    Florida Senate - 2007                            CS for SB 920

    By the Committee on Regulated Industries; and Senator Wise





    580-2113-07

  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:

31  

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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.

31  

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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.

31  

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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

31  

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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

31  

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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.

31  

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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  

31  

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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.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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