The Board proposes the rule amendment to add language clarifying the requirements for reactivating an inactive license and to incorporate form #DBPR Cosmo 10, Application for Continuing Education Provider Approval into the rule.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Cosmetology

RULE NO.:RULE TITLE:
61G5-32.001Continuing Education
PURPOSE AND EFFECT: The Board proposes the rule amendment to add language clarifying the requirements for reactivating an inactive license and to incorporate form #DBPR Cosmo 10, Application for Continuing Education Provider Approval into the rule.
SUMMARY: The rule amendment will add language clarifying the requirements for reactivating an inactive license and to incorporate form #DBPR Cosmo 10, Application for Continuing Education Provider Approval into the rule.
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: 455.2178, 455.2179, 455.219(3), 455.2228, 477.016, 477.019(7) FS.
LAW IMPLEMENTED: 455.2178, 455.2179, 455.219(3), 455.2228, 477.019(7) 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:

61G5-32.001 Continuing Education.

(1) Prior to the expiration of each biennial licensure period, and as a condition for renewal of their cosmetology license or specialty registration, all licensed cosmetologists and registered specialists shall complete a minimum of sixteen (16) hours of continuing education which shall include, at a minimum, all of the following subjects as they relate to the practice of cosmetology:

(a) No change.

(b) A minimum of three (3) hours of instruction regarding sanitation and sterilization which shall consist of instruction regarding:

1. Standard cleaning and disinfecting Universal sanitation and sterilization precautions, including, but not limited to;

2. How to distinguish between disinfectants and antiseptics,; and

3. How to sanitize hands and disinfect tools used in the practice of cosmetology; and.

4. Bacterial, viral, and fungal, bloodborne pathogens and parasites, and infection and infestation control.

(c) through (h) No change.

(2) through (5) No change.

(6) PROVIDER APPROVAL AND REQUIREMENTS.

(a) All providers of continuing education courses must be approved by the Board prior to offering continuing education courses. All individuals or organizations seeking to be approved as a continuing education provider shall submit to the Department, or if the Department shall contract with a private entity to administer the continuing education program then to such private entity, no later than 60 days prior to the next scheduled Board meeting at which the application is to be considered for approval. A complete application for continuing education provider status shall consist of the following items and information:

1. A completed application on Form #DBPR COSMO 10, Application for Continuing Education Provider Approval DBPR 3001-32PA, Cosmetology Continuing Education Provider Approval/Renewal Application, which is hereby incorporated by reference, effective May 29, 2012 3-25-99, copies of which may be obtained from the Board office, or if the Department shall contract with a private entity to administer the continuing education program then from such private entity;

2.  through 3. No change.

(b) through (f) No change.

(g) Approval as a continuing education provider shall be valid through May 31, 2003 for any providers approved prior to March 1, 2003. Thereafter, approval as a continuing education provider shall be valid through May 31 of odd numbered years for all providers. After the expiration of a continuing education provider’s approval, the provider shall not offer or teach any continuing education courses for credit toward the required hours of continuing education until the provider has renewed its approval as a continuing education provider.

(h) No change.

(i) At any time, the Board shall recommend to the Department to revoke its approval of a continuing education provider if it finds that such approval is sought or was received by fraud or misrepresentation by the provider, the provider has failed to adhere to the standards and other requirements as set forth in this rule or Section 455.2178, Florida Statutes Rule 61-6.015, F.A.C., or that the provider has engaged in fraudulent behavior relating to the provision of continuing education. Before requesting that the Department revoke a provider’s continuing education approval, the Board shall give the provider notice and an opportunity to be heard. If the approval of a provider is revoked, the continuing education provider shall thereafter be barred from presenting any continuing education courses to licensees or registrants for credit unless the provider demonstrates to the Board that the provider has been sufficiently rehabilitated to be trusted to provide such courses to licensees or registrants in the future. Revocation of a continuing education provider’s approval shall also operate as a revocation of all previously approved continuing education courses for all future offerings by the provider.

(j) No change.

(7) COURSE APPROVAL AND REQUIREMENTS.

(a) through (b) No change.

(c) Continuing education providers seeking approval of a continuing education course shall submit a complete application for continuing education course approval to the Department, or if the Department shall contract with a private entity to administer the continuing education program then to such private entity, no later than 60 days prior to the next scheduled Board meeting at which the course is to be considered for approval. A complete application for continuing education course approval shall consist of the following:

1. A completed application on Form #DBPR COSMO 9, Application for Continuing Education Course Approval or Renewal DBPR 3001-32CA, Cosmetology Continuing Education Course Approval Application, which is hereby incorporated by reference, effective May 29, 2012 3-25-99, copies of which may be obtained from the Board office, or if the Department shall contract with a private entity to administer the continuing education program then from such private entity;

2. No change.

3. A complete copy of the course as it will be provided to licensee course outline which includes the subjects, topics, and subtopics to be presented in the course and a narrative summary of all areas to be covered in each subject, topic and subtopic, and a list of all reference and source materials including the publication date for each;

4. through 6. No change.

(d) through (k) No change.

(8) EFFECTIVE DATE – This rule shall apply to all licensed cosmetologists and registered specialists under Chapter 477, F.S.; and, shall not apply to any registered hair braiders or registered hair wrappers. Those licensees and registrants who are currently licensed or registered and whose license or registration is scheduled to expire on October 31, 1999, shall not be required to complete the continuing education requirement as set forth in this rule for the renewal of their current license or registration; but, shall be required to complete all continuing education requirements set forth in this rule as a condition of all renewals of their license or registration after November 1, 1999. Those licensees and registrants whose current license or registration is scheduled to expire on October 31, 2000, shall only be required to complete the HIV/AIDS continuing education requirement and six (6) hours of additional continuing education as a condition of renewing their current license or registration. The six (6) hours of additional continuing education shall be composed of such subject or subjects excluding HIV/AIDS as the licensee or registrant may choose provided they comply with all requirements as set forth by this rule. Those licensees and registrants whose license or registration shall expire after October 31, 2000, shall be required to complete and comply with all continuing education requirements as set forth in this rule as a condition for the renewal of their license or certificate.

Rulemaking Authority 455.2178, 455.2179, 455.219(3), 455.2228, 477.016, 477.019(7) FS. Law Implemented 455.2178, 455.2179, 455.219(3), 455.2228, 477.019(7) FS. History–New 3-25-99, Amended 2-28-00, 7-27-00, 7-29-01, 7-1-02, 12-6-06, 3-10-08, 3-2-10,                         .

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: August 10, 2012