Board of Cosmetology - Florida Department of …

1 Board of Cosmetology CHAPTER 477, Florida Statutes CHAPTER 61G5, Florida Administrative Code Sections of CHAPTER 455, Florida Statutes CHAPTER 61, Florida Administrative Code Updated on December 24, 2017. 2601 Blair Stone Road Tallahassee, Florida 32399-0790. Rick Scott, Governor Jonathan Zachem, Secretary CHAPTER 477. Florida Cosmetology ACT. Short title. Purpose. Definitions. Hair braiding, hair wrapping, and body wrapping registration. Exemptions. Qualifications for practice. Board of Cosmetology . Rulemaking. Legal services. Investigative services. Cosmetologists; qualifications; licensure; supervised practice; license renewal; endorsement;. continuing education. Specialty registration; qualifications; registration renewal; endorsement. Inactive status. Cosmetology graduates of Florida School for the Deaf and the Blind; licenses. Examinations. Schools of Cosmetology ; licensure. Cosmetology salons; specialty salons; requisites; licensure; inspection; mobile Cosmetology salons. Fees; disposition.

2 Cosmetology services to be performed in licensed salon; exception. Prohibited acts. Disciplinary proceedings. Penalty. Civil proceedings. Short act shall be known and may be cited as the " Florida Cosmetology Act." 1, ch. 78-253; s. 2, ch. 81-318; ss. 35, 36, ch. 85-297; s. 4, ch. 91-429. Legislature deems it necessary in the interest of public health to regulate the practice of Cosmetology in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant and discernible danger to health and not in a manner which will unreasonably affect the competitive market. Further, consumer protection for both health and economic matters shall be afforded the public through legal remedies provided for in this act. 1, ch. 78-253; s. 2, ch. 81-318; ss. 35, 36, ch. 85-297; s. 4, ch. 91-429; s. 16, ch. 2000-332. used in this chapter: (1) " Board " means the Board of Cosmetology . (2) " Department " means the Department of Business and Professional Regulation.

3 (3) "Cosmetologist" means a person who is licensed to engage in the practice of Cosmetology in this state under the authority of this chapter. (4) " Cosmetology " means 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 coloring, permanent waving, and hair relaxing for compensation. This term also includes performing hair removal, including wax treatments, manicures, pedicures, and skin care services. (5) "Specialist" means any person holding a specialty registration in one or more of the specialties registered under this chapter. (6) "Specialty" means the practice of one or more of the following: (a) Manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands. This term includes any procedure or process for the affixing of artificial nails, except those nails which may be applied solely by use of a simple adhesive.

4 (b) Pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or beautifying of the feet. (c) Facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other preparations, and skin care services. (7) "Shampooing" means the washing of the hair with soap and water or with a special preparation, or applying hair tonics. (8) "Specialty salon" means any place of business wherein the practice of one or all of the specialties as defined in subsection (6) are engaged in or carried on. 2. (9) "Hair braiding" means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment and does not include the use of hair extensions or wefts. (10) "Hair wrapping" means the wrapping of manufactured materials around a strand or strands of human hair, for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions, or performing any other service defined as Cosmetology .

5 (11) "Photography studio salon" means an establishment where the hair-arranging services and the application of cosmetic products are performed solely for the purpose of preparing the model or client for the photographic session without shampooing, cutting, coloring, permanent waving, relaxing, or removing of hair or performing any other service defined as Cosmetology . (12) "Body wrapping" means a treatment program that uses herbal wraps for the purposes of cleansing and beautifying the skin of the body, but does not include: (a) The application of oils, lotions, or other fluids to the body, except fluids contained in presoaked materials used in the wraps; or (b) Manipulation of the body's superficial tissue, other than that arising from compression emanating from the wrap materials. (13) "Skin care services" means the treatment of the skin of the body, other than the head, face, and scalp, by the use of a sponge, brush, cloth, or similar device to apply or remove a chemical preparation or other substance, except that chemical peels may be removed by peeling an applied preparation from the skin by hand.

6 Skin care services must be performed by a licensed cosmetologist or facial specialist within a licensed Cosmetology or specialty salon, and such services may not involve massage, as defined in s. (3), through manipulation of the superficial tissue. 1, ch. 78-253; ss. 13, 15, 25, 30, 34, 38, 62, ch. 80-406; s. 2, ch. 81-318; ss. 21, 35, 36, ch. 85-297; s. 1, ch. 87-69; s. 35, ch. 89-344; s. 4, ch. 91-429; s. 150, ch. 94-119; s. 166, ch. 94-218; s. 66, ch. 95-144; s. 7, ch. 98-323; s. 146, ch. 99-251; s. 68, ch. 2000-356. Hair braiding, hair wrapping, and body wrapping (1)(a) Persons whose occupation or practice is confined solely to hair braiding must register with the Department , pay the applicable registration fee, and take a two-day 16-hour course. The course shall be Board approved and consist of 5 hours of HIV/AIDS and other communicable diseases, 5 hours of sanitation and sterilization, 4 hours of disorders and diseases of the scalp, and 2 hours of studies regarding laws affecting hair braiding.

7 (b) Persons whose occupation or practice is confined solely to hair wrapping must register with the Department , pay the applicable registration fee, and take a one-day 6-hour course. The course shall be Board approved and consist of education in HIV/AIDS and other communicable diseases, sanitation and sterilization, disorders and diseases of the scalp, and studies regarding laws affecting hair wrapping. (c) Unless otherwise licensed or exempted from licensure under this chapter, any person whose occupation or practice is body wrapping must register with the Department , pay the applicable registration fee, and take a two-day 12-hour course. The course shall be Board approved and consist of education in HIV/AIDS and other communicable diseases, sanitation and sterilization, disorders and diseases of the skin, and studies regarding laws affecting body wrapping. (d) Only the Board may review, evaluate, and approve a course required of an applicant for registration under this subsection in the occupation or practice of hair braiding, hair wrapping, or body wrapping.

8 A provider of such a course is not required to hold a license under chapter 1005. (2) Hair braiding, hair wrapping, and body wrapping are not required to be practiced in a Cosmetology salon or specialty salon. When hair braiding, hair wrapping, or body wrapping is practiced outside a Cosmetology salon or specialty salon, disposable implements must be used or all implements must be sanitized in a disinfectant approved for hospital use or approved by the federal Environmental Protection Agency. (3) Pending issuance of registration, a person is eligible to practice hair braiding, hair wrapping, or body wrapping upon submission of a registration application that includes proof of successful completion of the education requirements and payment of the applicable fees required by this chapter. 151, ch. 94-119; s. 8, ch. 98-323; s. 147, ch. 99-251; s. 53, ch. 2000- 356; s. 1021, ch. 2002-387. (1) This chapter does not apply to the following persons when practicing pursuant to their professional or occupational responsibilities and duties: (a) Persons authorized under the laws of this state to practice medicine, surgery, osteopathic medicine, chiropractic medicine, massage, naturopathy, or podiatric medicine.

9 (b) Commissioned medical or surgical officers of the United States Armed Forces hospital services. (c) Registered nurses under the laws of this state. (d) Persons practicing barbering under the laws of this state. (e) Persons employed in federal, state, or local institutions, hospitals, or military bases as cosmetologists whose practices are limited to the inmates, patients, or authorized military personnel of such institutions, hospitals, or bases. (f) Persons whose practice is limited to the application of cosmetic products to another person in connection with the sale, or attempted sale, of such products at retail without compensation from such other person other than the regular retail price of such merchandise. 3. (2) A license is not required of any person whose occupation or practice is confined solely to shampooing. (3) A license or registration is not required of any person whose occupation or practice is confined solely to cutting, trimming, polishing, or cleansing the fingernails of any person when said cutting, trimming, polishing, or cleansing is done in a barbershop licensed pursuant to chapter 476 which is carrying on a regular and customary business of barbering, and such individual has been practicing the activities set forth in this subsection prior to October 1, 1985.

10 (4) A photography studio salon is exempt from the licensure provisions of this chapter. However, the hair-arranging services of such salon must be performed under the supervision of a licensed cosmetologist employed by the salon. The salon must use disposable hair-arranging implements or use a wet or dry sanitizing system approved by the federal Environmental Protection Agency. (5) A license is not required of any individual providing makeup, special effects, or Cosmetology services to an actor, stunt person, musician, extra, or other talent during a production recognized by the Office of Film and Entertainment as a qualified production as defined in s. (1). Such services are not required to be performed in a licensed salon. Individuals exempt under this subsection may not provide such services to the general public. (6) A license is not required of any individual providing makeup or special effects services in a theme park or entertainment complex to an actor, stunt person, musician, extra, or other talent, or providing makeup or special effects services to the general public.