The Board proposes the rule amendment to delete unnecessary language and to add new language to modify and bring up to date the disciplinary guidelines.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Cosmetology

RULE NO.:RULE TITLE:
61G5-30.001Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to modify and bring up to date the disciplinary guidelines.
SUMMARY: The rule amendment will delete unnecessary language and to add new language to modify and bring up to date the disciplinary guidelines.
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: 455.2273, 477.016, 477.017, 477.029(2) FS.
LAW IMPLEMENTED: 455.2273, 477.029(2) 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:

61G5-30.001 Disciplinary Guidelines.

(1) No change.

 

(2) VIOLATION	PENALTY RANGE
(a) through (d) No change
(e) Engage in willful or repeated violations of Chapter 477, F.S., or any rule adopted by the Board. (477.0265(1)(c), F.S.)	For a first offense, a fine of $500. For a subsequent offense, a fine of $500 and suspension or revocation of any license or registration issued pursuant to Chapter 477, F.S.
(e)(f) Obtain or attempt to obtain a license or registration for money, other than the required fee, or any other thing of value or by fraudulent misrepresentations. (477.0265(1)(d) (e), F.S.)	A fine of $500 and denial or revocation of the license or registration.
(f)(g) Using or attempting to use a suspended or revoked cosmetology license or specialty registration to practice cosmetology or a specialty. (477.0265(1)(c) (f) or 477.029(1)(g), F.S.)	A fine of $500 and suspension for one year of any license or registration issued pursuant to Chapter 477, F.S., or denial or revocation of license or registration.
(g)(h) Advertising or implying that skin care services or body wrapping are related to massage therapy, except as allowed by statute. (477.0265(1)(f) (g), F.S.)	A fine of $100 to $200 for the first offense; a fine of $500 for subsequent offenses.
(h)(i) Use or possess a product containing a liquid nail monomer containing any trace of methyl methacrylate (MMA). (477.0265(1)(g) (h), F.S.)	A fine of $500 for the first offense; a fine of $500 and suspension with a reinspection of the premises prior to reinstatement of the license, or revocation for a subsequent offense.
(i)(j) No change.
(j)(k) No change.
(k)(l) No change.
(l)(m) No change.
(m)(n) No change.
(n)(o) Violate or refuse to comply with:
1.  through 2. No change .
3. Salon requirements subsections 61G5-20.002(2)-(6), F.A.C., relating to sanitation and safety; or	A fine of $50 per violation for less than three violations. A fine of $250 for three to four violations. A fine of $500 for five or more violations, and suspension of the license with a reinspection prior to reinstatement of the license. A fine of $250 for a salon operating without proper disinfection practices sterilization equipment.
4. No change.

 

(3) through (7) No change.

Rulemaking Specific Authority 455.2273, 477.016, 477.017, 477.029(2) FS. Law Implemented 455.2273, 477.029(2) FS. History–New 10-20-86, Amended 10-18-87, 1-10-90, 1-30-92, 4-15-93, Formerly 21F-30.001, Amended 4-23-02, 5-29-06,_______.

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