The rule amendments align training hours with recent statutory changes and allow cosmetology specialist instructors to evaluate competence based on performance rather than on students having completed a minimum number of ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Cosmetology

RULE NOS.:RULE TITLES:

61G5-22.002Definitions

61G5-22.003Level of Acceptability

61G5-22.015Specialty Certification

61G5-22.016Minimum Curriculum for Nail Specialty Training

61G5-22.017Minimum Curriculum for Facial Specialty Training.

PURPOSE AND EFFECT: The rule amendments align training hours with recent statutory changes and allow cosmetology specialist instructors to evaluate competence based on performance rather than on students having completed a minimum number of services.

SUMMARY: These rule amendments specify the number of training hours required by the Board for specialist training topics and services and eliminates the requirement for performing a specified number of services.

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, 477.019(2), 477.023(2) FS.

LAW IMPLEMENTED: 477.025(2), 477.019(2), 477.020, 477.0201, 477.025(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:

 

61G5-22.002 Definitions.

(1) through (3) No change.

(4) A minimum student performance standard is a statement specifying competencies that all students are expected to attain at a particular point in time. Mastery of a standard will be demonstrated by the mastery of a predetermined number of skills related to the standard.

(5) Services. Minimal number of performances in applicable subject categories required for certification for examination.

Rulemaking Authority 477.016 FS. Law Implemented 477.025(2) FS. History–New 11-2-80, Amended 10-29-85,_________, Formerly 21F-22.02, 21F-22.002, Amended                          .

 

61G5-22.003 Level of Acceptability.  Every school shall evaluate each individual for competency on each objective for each subject area and type of service.

Rulemaking Authority 477.016 FS. Law Implemented 477.025(2), 477.020 FS. History–New 11-2-80, Amended 10-29-85, Formerly 21F-22.03, 21F-22.003, Amended                       .

 

61G5-22.015 Specialty Certification.

(1)(a) A nail specialist student at a school specified in Section 477.0201, F.S., shall successfully complete the 180 hours of instruction and the performance of services specified in subsections 61G5-22.016(1) and (2), F.A.C. and , which instruction and services shall be designed to meet the learning objectives set forth in subsections 61G5-22.004(2), 61G5-22.005(2), and 61G5-22.0125(2), F.A.C.

(b) No change.

(2) (a) A facial specialist student at a school specified in Section 477.0201, F.S., shall successfully complete 220 Upon successful academic completion of 260 hours of instruction specified in subsections 61G5-22.017(1) and (2), F.A.C. and designed to meet the learning objectives set forth in subsections 61G5-22.004(2), 61G5-22.005(2), and 61G5-22.006(2), F.A.C., and completion of forty (40) services, a school shall issue a certificate of completion in the specialty area of facials.

(b) The school shall issue the student a certificate of completion in the specialty area of facials upon the student's completion of paragraph (2)(a) and achievement of a passing score of 75% or better on a comprehensive final examination administered and graded by the school.

(3) A student who starts a specialty program before March 1, 1994, shall be qualified to receive a certificate of completion upon his or her successful completion of 120 hours of instruction designed to meet the learning objectives set forth in subsections 61G5-22.004(2), 61G5-22.005(2) and 61G5-22.0125(2), F.A.C., and completion of 50 services as required by subsection 61G5-22.0125(4), F.A.C.

Rulemaking Authority 447.016, 477.023(2) FS. Law Implemented 477.0201, 477.0235(2) FS. History–New 10-29-85, Formerly 21F-22.15, Amended 10-18-87, 4-24-88, 7-25-88, Formerly 21F-22.015, Amended 1-24-94,               .

 

61G5-22.016 Minimum Curriculum for Nail Specialty Training.

(1) 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 topics and services:

TOPIC (90 Hours)	HOURS REQUIRED
(a) Florida Cosmetology laws and rules	4 5
(b) HIV/AIDS	4
(b)(c) Sanitation	8 4
(c)(d) Ethics	2
(d)(e) Nail Theory, Practice, and Related	76 85
Subjects including nail disorders and diseases including but not limited to HIV/AIDS

 

(2) The curriculum shall also include instruction in and the performance of the following specified services as indicated (the estimated total number of hours needed for performing the specified services is also indicated):

TYPE OF SERVICE (90 Hours)	No. of Svcs.	HOURS REQUIRED
(a) Manicures	20	15 20
(b) Pedicures	10	10
(c) Tips with Overlay	15	15 37.5
(d) Sculpting Using A Form	15	10 37.5
(e) Nail Wraps and/or Mending	10	10 15
(f) Nail Fill-Ins	10	10
(g) Artificial Nail Removal	5	5
(h) Polishing and Nail Art (i)  Gel Nails	10	10 5 5

Rulemaking Authority 477.016 FS. Law Implemented 477.0201 FS. History–New 1-24-94, Amended 9-12-94,                    .

 

61G5-22.017 Minimum Curriculum for Facial Specialty Training.

(1) 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 (149 Hours)	HOURS REQUIRED
(a) Florida Laws and Rules	4 5
(b) HIV and AIDS	4
(c) Sanitation	10
(d) Ethics	2
(e) Basics of Electricity	2 8
(f) Facial Techniques and Contraindications	50 66
(g) Product Chemistry	8
(h) Hair Removal	5 2.5
(i) Makeup	1 2
(j) Skin Theory, Disease including but not limited to HIV/AIDS, and Disorders of the Skin	67 85

(2) The curriculum shall also include instruction in and the performance of the following specified services, as indicated, as well as the estimated total number of hours needed to complete the required number of services:

TYPE OF SERVICE (71 Hours)	NUMBER OF SERVICES	HOURS REQUIRED
(a) Facials, manual and mechanical, including masks, packs or treatments which must be performed on a variety of skin types, including normal, oily, dry, combination, problem and mature	40	30 40
(b) Set up, use, and maintenance of electrical devices	5	1 1.25
(c) Hair removal, including tweezing, waxing, threading, and sugaring	20	10 5
(d) Makeup application for both daytime and nighttime looks	10	10 5
(e) Lash and brow tinting	10	2 5
(f) Eyelash application, including strip lashes, individual lashes, and semi-permanent lashes	10	12 10
(g) Manual extractions	5	6 1.25

(3) No change.

Rulemaking Authority 477.016, 477.019(2) FS. Law Implemented 477.0201, 477.019(2) FS. History–New 3-26-12, 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: September 21, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 8, 2020