The Board proposes the rule amendment to clarify the definition of “facial.”

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Cosmetology

RULE NO.: RULE TITLE:
61G5-29.001: Definitions

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify the definition of “facial.”

SUMMARY: The rule amendment further clarifies the definition of “facial.”

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 FS.
LAW IMPLEMENTED: 477.013, 477.0135, 477.0201FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Board of Cosmetology, 1940 North Street, Tallahassee, Florida 32399-0783

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G5-29.001 Definitions.

(1) through (2) No change.

(3) “Facials” means:

(a) The the massaging or treating of the face, neck, skin or scalp with or without the use of mechanical devices using oils, creams, lotions or other cosmetic products, which are used to cleanse and condition the skin, to prevent or correct problems or conditions of the face, and neck, and scalp and to color and beautify the face, and neck, and scalp or enhance their features; and, skin care services for the body.

(b) Skin care services for the body as defined in Section 477.013(13), F.S.

Facials shall be performed only by individuals licensed pursuant to Sections 477.019 and 477.0201, F.S., and performed in schools licensed pursuant to Chapter 1005, F.S., or salons licensed pursuant to Section 477.025, F.S.

(4) through (6) No change.

Rulemaking Specific Authority 477.016 FS. Law Implemented 477.013, 477.0135, 477.0201 FS. History–New 11-7-85, Amended 1-5-86, 6-18-86, 10-26-87, 1-10-90, 8-20-90, 5-11-92, Formerly 21F-29.001, Amended 9-15-98, 4-2-00,________.

 

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: January 24, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 16, 2012