The Board proposes the rule amendment to delete unnecessary language and to add new language in compliance with statutory changes

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Cosmetology

RULE NO.:RULE TITLE:
61G5-20.0015Performance of Cosmetology or Specialty Services Outside a Licensed Salon
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language in compliance with statutory changes
SUMMARY: The rule amendment will delete unnecessary language and to add new language to comply with statutory changes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 477.016, 477.025(2), 477.0263(2),(3), 477.0135(4) FS.
LAW IMPLEMENTED: 477.025(2), 477.0263(2),(3), 477.0135(4) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Board of Cosmetology, 1940 North Monroe Street, Tallahassee, Florida 32399-0783

THE FULL TEXT OF THE PROPOSED RULE IS:

61G5-20.0015 Performance of Cosmetology or Specialty Services Outside a Licensed Salon.

(1) Cosmetology or specialty services may be performed by a licensed cosmetologist or specialist in a location other than a licensed salon, including a hospital, nursing home, residence, or similar facility, when a client for reasons of ill health is unable to go to a licensed salon. Such services are not to be prerformed upon employees or person who do not reside in the facility, or any other non-qualified persons. The following procedure shall be followed:

(a) Arrangements shall be made through a licensed salon.

(b) Information as to the name of the client and the address at which the services are to be performed shall be recorded in the appointment book.

(c) The appointment book shall remain at the salon and be made available upon request to any investigator or inspector of the Department.

(2) When cosmetology or specialty services are performed in a location other than a licensed salon, such services may lawfully be performed only upon clients, residents, or patients, who for reasons of ill health are unable to visit a licensed salon. Such services are not to be performed upon employees or persons who do not reside in the facility, or any other non-qualified persons.

(2)(3) No change.

(3) “Special events” is defined as weddings, fashion shows, and other events as approved by the board.

(4) Information as to the name of the client and the address at which the services are to be performed shall be recorded in the appointment book.

(5) The appointment book shall remain at the salon and be made available upon request to any investigator or inspector of the Department.

Rulemaking Specific Authority 477.016, 477.025(2), 477.0263(2),(3), 477.0135(4) FS. Law Implemented 477.025(2), 477.0263(2),(3), 477.0135(4) FS. History–New 12-29-83, Amended 10-6-85, Formerly 21F-20.015, 21F-20.0015, Amended 11-25-98,                       .

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Cosmetology
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Cosmetology
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 8, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 7, 2012