The rule amendments for 61G5-18.00015 are intended to protect the health, safety, and welfare of the public and assist licensees by clarifying practices used by licensed cosmetologists and specialists. The rule amendment ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Cosmetology

RULE NOS.:RULE TITLES:

61G5-18.00015Cosmetologist and Compensation Defined

61G5-18.008Cosmetologist License Renewal

PURPOSE AND EFFECT: The rule amendments for 61G5-18.00015, F.A.C., are intended to protect the health, safety, and welfare of the public and assist licensees by clarifying practices used by licensed cosmetologists and specialists. The rule amendment for 61G5-18.008, F.A.C., is intended to delete an unnecessary portion of the rule.

SUMMARY: The rule amendment for 61G5-18.00015, F.A.C., defines terminology in the practice of cosmetology in light of recent statutory changes. The rule amendment for 61G5-18.008, F.A.C., removes language that is redundant with Section 455.02(2), F.S.

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: 455.02(2), 477.016, 477.019(4), 477.025(2) FS.

LAW IMPLEMENTED: 455.02(2), 477.013, 477.019(4), 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:

61G5-18.00015 Cosmetologist and Compensation Defined.

(1) A cosmetologist is a person who is licensed to perform the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair braiding, hair coloring, permanent waving, and hair relaxing, for compensation. A cosmetologist may also perform non-invasive hair removals, including wax treatments but not including electrolysis as that term is defined in chapter 478, F.S., manicures, pedicures, and skin care services. For the purposes of this act “compensation” is defined as the payment of money or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or the intent to collect or receive payment of money or the intent to collect or receive anything of value in exchange for cosmetology services. For the purposes of this act “medical purposes” is defined as any form of bodily intrusion into the orifices, skin, muscles, or any other tissues of the body. Bodily intrusion includes but is not limited to skin perforation, permanent makeup, laser treatments, ultrasound, radiation, and the use of FDA approved medical devices, all of which are beyond the scope of a cosmetology license.

(2) Definitions: In the practice of cosmetology and its specialties, the following definitions apply:

(a) “Microblading” is a form of semi-permanent tattooing that involves using tiny, fine-point needles that make up a small disposable blade and handle that deposit pigment simultaneously under your skin. Microblading is beyond the scope of a Florida cosmetology license.

(b) “Manual exfoliation” is the physical removal of dead skin cells through light abrasion using a sponge or cloth with or without the use of a granulated scrub, or using a dermaplaning blade.

(c) “Chemical exfoliation” is the use of products containing chemicals that either loosen or dissolve dead cell buildup. Examples of exfoliating chemicals are alpha hydroxy acids (AHAs), which are gentle, naturally occurring acids that remove dead skin cells.

(d) “Mechanical exfoliation” is the physical removal of surface epidermal cells by means that include but are not limited to brushing machines, granulated scrubs, peel-off masques, peeling creams or drying preparations that are rubbed off, and microdermabrasion.  Microdermabrasion is a type of mechanical exfoliation that involves using a closed vacuum to shoot aluminum oxide or other crystals at the skin with a hand-held device that exfoliates dead cells.

(e) “Semipermanent lashes” are lash extensions that are applied directly onto existing eyelashes with a glue that is specially formulated to not damage the lash or irritate the eyes. This process generally takes about 2 hours to apply and must be maintained. A cosmetology, full specialist, or facial specialist license is required to apply these lashes to a client.

(f) “Strip lashes” and “individual lashes” are full, partial, or small clusters of false lashes applied with an adhesive. This process takes very little time to apply, and as they are not long-lasting, they are usually applied for a specific event.

(g) “Makeup application” includes makeup primer, face paint, lipstick, eyeliner, eye shadow, foundation, rouge or cheek color, mascara, strip lashes, individual lashes, face powder, corrective stick, and makeup remover. Makeup application does not require a cosmetology license.

(h) “Massaging” in the practice of cosmetology is limited to the face, scalp, neck, hands, and feet and includes manipulation of the skin for the application of creams or lotions with the hands or a smooth object such as a small stone for aesthetic purposes. Manipulation of an individual's soft body tissue for the purposes of improving health or well-being, therapeutic massages, reflexology massages, and massaging the torso are outside the scope of a cosmetology license.

Rulemaking Authority 477.016, 477.025(2) FS. Law Implemented 477.013, 477.0135, 477.025(2) FS. History–New 10-10-82, Amended 6-28-84, Formerly 21F-18.001, Amended 7-4-90, Formerly 21F-18.00015, Amended 11-11-96, 3-8-00, 2-18-19,         .

 

61G5-18.008 Cosmetologist License Renewal.

(1) A cosmetologist shall renew his or her license on or before October 31 each biennial year, according to the fee schedule as outlined in Rule 61G5-24.008, F.A.C.

(2) Spouses of members of the Armed Forces of the United States are exempted from all licensure renewal provisions, but only in cases of absence from the state because of their spouses' duties with the Armed Forces.

Rulemaking Authority 455.02(2), 477.016, 477.019(5)(4) FS. Law Implemented 455.02(2), 477.019(5)(4) FS. History–New 11-3-80, Amended 6-28-84, 10-6-85, Formerly 21F-18.08, 21F-18.008, Amended 8-8-95,___________.

 

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 13, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 16, 2020