The rule amendments allow cosmetology and specialist instructors to evaluate competence based on performance rather than on having completed a minimum number of services.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Cosmetology

RULE NOS.:RULE TITLES:

61G5-22.006Facials (Including Skin Care and Hair Removal)

61G5-22.007Hair Shaping

61G5-22.008Scalp Treatments and Hair Care Rinses

61G5-22.009Shampoos and Rinses

61G5-22.010Hair Arranging (Styling)

61G5-22.011Hair Coloring

61G5-22.012Chemical Waving and Relaxing/Straightening

61G5-22.0125Manicuring/Pedicuring/Nail Extension

PURPOSE AND EFFECT: The rule amendments allow cosmetology and specialist instructors to evaluate competence based on performance rather than on having completed a minimum number of services.

SUMMARY: These rule amendments propose to eliminate the specified number of training services required by the Board for cosmetologists and specialists.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 477.0201, 477.019(2)(c)2., 477.023(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: Krista Woodard, Executive Director, Board of Cosmetology, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G5-22.006 Facials (Including Skin Care and Hair Removal).

(1) through (3) No change.

(4) Services required: ten (10).

(5) Definition of Services: Services shall be a facial, a client consultation/skin analysis; exfoliation, either manual, mechanical or chemical; cleansing; toning; manipulations; and packs, masks, or other treatments as needed.

(6) At a minimum, the curriculum of schools and programs specified in Section 477.0201, F.S., shall include the following hours of instruction in the indicated theory items:

TOPIC HOURS

(a) Florida Laws and Rules 5

(b) HIV and AIDS 4

(c) Sanitation 10

(d) Ethics 2

(e) Basics of Electricity 8

(f) Facial Techniques and Contraindications 66

(g) Product Chemistry 8

(h) Hair Removal 2.5

(i) Makeup 2

(j) Skin Theory, Disease and Disorders of the Skin 85

Rulemaking Authority 477.016 FS. Law Implemented 477.0201, 477.023(2) FS. History–New 11-2-80, Amended 10-29-85, Formerly 21F-22.06, Amended 4-8-86, Formerly 21F-22.006, Amended 7-13-09 (8), 1-2-10 (6) and (7), 3-26-12,                           .

 

 

61G5-22.007 Hair Shaping.

(1) through (3) No change.

(4) Services required: seventy-five (75).

Rulemaking Authority 477.016 FS. Law Implemented 477.023(2) FS. History–New 11-2-80, Formerly 21F-22.07, 21F-22.007, Amended                    .

 

 

61G5-22.008 Scalp Treatments and Hair Care Rinses.

(1) through (3) No change.

(4) Services required: forty-five (45).

Rulemaking Authority 477.016 FS. Law Implemented 477.023(2) FS. History–New 11-2-80, Formerly 21F-22.08, 21F-22.008, Amended                    .

 

61G5-22.009 Shampoos and Rinses.

(1) through (3) No change.

(4) Services required: fifty (50).

Rulemaking Authority 477.016 FS. Law Implemented 477.023(2) FS. History–New 11-2-80, Formerly 21F-22.09, 21F-22.009, Amended                        .

 

61G5-22.010 Hair Arranging (Styling).

(1) through (4) No change. 

(5) Services required: three hundred (300).

Rulemaking Specific Authority 477.016 FS. Law Implemented 477.023(2) FS. History–New 11-2-80, Formerly 21F-22.10, 21F-22.010, Amended                      

 

 

61G5-22.011 Hair Coloring.

(1) through (3) No change. 

(4) Services required: forty-five (45).

Rulemaking Authority 477.016 FS. Law Implemented 477.019(2)(c)2. FS. History–New 11-2-80, Formerly 21F-22.11, Amended 12-17-90, Formerly 21F-22.011,  Amended                                .

 

 

61G5-22.012 Chemical Waving and Relaxing/Straightening.

(1) through (3) No change.

(4) Service required: sixty-five (65).

Rulemaking Authority 477.016 FS. Law Implemented 477.023(2) FS. History–New 11-2-80, Formerly 21F-22.12, 21F-22.012, Amended                     .

 

61G5-22.0125 Manicuring/Pedicuring/Nail Extension.

(1) through (3) No change.

(4) Services required: a minimum of twenty (20). The Board recommends that in meeting this requirement students perform a combination of these services; a service constitutes one complete set of nails per client for either manicure, pedicure, or nail extension.

Rulemaking Specific Authority 477.016 FS. Law Implemented 477.019(2)(c)2. FS. History–New 10-29-85, Formerly 21F-22.125, Amended 12-17-90, Formerly 21F-22.0125, Amended_____.

 

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: June 22, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September10, 2020