The Board proposes a rule amendment that protects the health, safety, and welfare of the public and assists licensees by clarifying procedures for services performed outside of a salon.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Cosmetology

RULE NO.:RULE TITLE:

61G5-20.0015Performance of Cosmetology or Specialty Services Outside a Licensed Salon

PURPOSE AND EFFECT: The Board proposes a rule amendment that protects the health, safety, and welfare of the public and assists licensees by clarifying procedures for services performed outside of a salon.

SUMMARY: This rule amendment adds general cleanliness and sanitation procedures for cosmetology services performed outside of a salon.

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, 477.025(2), 477.0263, 477.0135(4) FS.

LAW IMPLEMENTED: 477.013(11), 477.025(2), 477.0263(2), (4), 477.0135(4) 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:

 

61G5-20.0015 Performance of Cosmetology or Specialty Services Outside a Licensed Salon.

(1) Through (3) No Change.

(4) Hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, and nail cleansing may be performed in a location other than a licensed salon when the service is performed by a person who holds the proper license. The licensee shall use either disposable implements or a wet or dry sanitizing system approved by the federal Environmental Protection Agency.

(5) No Change.

Rulemaking Authority 477.016, 477.025(2), 477.0263, 477.0135(4) FS. Law Implemented 477.013(11), 477.025(2), 477.0263(2), (4), 477.0135(4) FS. History–New 12-29-83, Amended 10-6-85, Formerly 21F-20.015, 21F-20.0015, Amended 11-25-98, 8-12-13, 11-22-20,______________.

 

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: July 20, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2021