10 HOUR CE. for FLORIDA COSMETOLOGY

Understanding the regulations, legal responsibilities and obligations as a Florida cosmetologist.

CHAPTER 4
Florida Laws & Rules

COSMETOLOGY COURSE CHAPTERS

Learning Objectives

1 - List and describe your legal responsibilities according to the Florida Cosmetology Practice Act and Florida Administrative Code.

2 - Know your duties and responsibilities under Florida Law.

Introduction

Two primary areas of law pertaining to the practice of cosmetology in the state of The Florida are:
- The Florida Cosmelology Practice Act: Chapter 477 of the Florida Statutes
- Chapter 61G5 of the Florida Administrative Code


The following simplify excerpts of these documents, clarifying the regulations that address you as a cosmetologist, and explaining your legal responsibilities and obligations.

Other sections or chapters of the Florida Statutes and Florida Administrative Code that apply to the practice of cosmetology (such as Chapter 456: Health Professions and Occupations; or Chapter 120: Administrative Procedure Act: among others) are not addressed in this chapter.

Text in full for the laws of Florida may be found at https://www.flsenate.gov/Laws/Statutes/2020/Chapter477
Please refer directly to the Laws of Florida to determine the effective date of a creating act or a particular amendment.

CHAPTER 477 / Cosmetology

477.014 - Qualifications for practice.

477.015 - Board of Cosmetology.

477.019 - Cosmetologists; qualifications; licensure; supervised practice; license renewal; endorsement; continuing education.

477.0201 - Specialty registration; qualifications; registration renewal; endorsement.

477.0263 - Cosmetology services to be performed in licensed salon; exception.

477.0265 - Prohibited acts.

477.014 Qualifications for practice -

On and after January 1, 1979, no person other than a duly licensed cosmetologist shall practice cosmetology or use the name or title of cosmetologist.

477.015 Board of Cosmetology –

(1) There is created within the department the Board of Cosmetology consisting of seven members who shall be appointed by the governor, subject to confirmation by the Senate, and whose function it shall be to carry out the provisions of this act.

(2) Five members of the board shall be licensed cosmetologist and shall have been engaged in the practice of cosmetology in this state for not less than 5 years. Two members of the board shall be laypersons. Each board member shall be a resident of this state and shall have been a resident of this state for not less than 5 continuous years.

(3) The governor may at any time fill vacancies on the board for the remainder of unexpired terms. Each member of the board shall hold over the expiration of his or her term until a successor is duly appointed and qualified. No board member shall serve more than two consecutive terms, whether full or partial.

(4) Before assuming his or her duties as a board member, each appointee shall take the constitutional oath of office and shall file it with the Department of State, which shall then issue to such member a certificate of his or her appointment.

(5) The board shall, in the month on January, elect from its number a chair and a vice chair.

(6) The board shall hold such meetings during the year as it may determine to be necessary, one of which shall be the annual meeting. The chair of the board shall have the authority to call other meeting at his or her discretion. A quorum of the board shall consist of not less than four members.

(7) Each member of the board shall receive $50 for each day spent in the performance of official board business, with the total annual compensation per member not to exceed $2000. Additionally, board members shall receive per diem and mileage at provided in s. 112.061, from place of resident to place of meeting and return.

(8) Each board member shall be held accountable to the governor for the proper performance of all his or her duties and obligations. The governor shall investigate any complaints or unfavorable reports received concerning the actions of the board, or its members, and shall take appropriate action thereon, which action may include removal of any board member. The governor may remove from office any board member for neglect of duty, incompetence, or unprofessional or dishonorable conduct.

477.019 Cosmetologists; qualifications; licensure; supervised practice; licensure renewal; endorsement; continuing education. –

(1) A person desiring to be licensed as a cosmetologist shall apply to the department for licensure.
(2) An applicant shall be eligible for licensure by examination to practice cosmetology if the applicant:
(a) Is at least 16 years of age or has receive a high school diploma.
(b) Pays the required application fee, which is not refundable, and the required examination fee, which is refundable if the applicant is determined to not be eligible for licensure for any reason other than to successfully complete the licensure examination; and failure.
(c) 1 Is authorized to practice cosmetology in another state or country, has been so authorized for at least 1 year, and does not qualify for licensure by endorsement as provided for in subsection (5): or

(2) Has received a minimum of 1,200 hours of training as established by the board, which shall include, but shall not be limited to, the equivalent of completion of services directly related to the practice of cosmetology of one of the following:

(a) A school of cosmetology licensed pursuant to chapter 1005.

(b) A cosmetology program within the public school system

(c) The Cosmetology Division of the Florida School for the Deaf and the Blind, provided the division meets the standards of this chapter.

(d) A government-operated cosmetology program in this state. The board shall establish by rule procedures whereby the school or program may certify that a person is qualified to take the required examination after the completion of a minimum of 1,000 actual school hours. If the person then passes the examination, he or she shall have satisfied this requirement; but if the person fails the examination, he or she shall not be qualified to take the examination again until the completion of the full requirements provided by this section.

(3) Upon an applicant receiving a passing grade, as established by board rule, on the examination and paying the initial licensing fee, the department shall issue a license to practice cosmetology.

(4) If an applicant passes all parts of the examination for licensure as a cosmetologist, he or she may practice in the time between passing the examination and receiving a physical copy of his or her license if he or she practices under the supervision of a licensed cosmetologist in a licensed salon. An applicant who fails any part of the examination may not practice as a cosmetologist and may immediately apply for reexamination.

(5) Renewal of license registration shall be accomplished pursuant to rules adopted by the board.

(6) The board shall certify as qualified for licensure by endorsement as a cosmetologist in this state an applicant who holds a current active license to practice cosmetology in another state. The board may not require proof of educational hours if the license was issued in a state that requires 1,200 or more hours of prelicensure education and passage of a written examination. This subsection does not apply to applicants who received their license in another state through an apprenticeship program.

(7) (a) The board shall prescribe by rule continuing education requirements intended to ensure protection of the public through updated training of licensees and registered specialists, not to exceed 16 hours biennially, as a condition for renewal of a license or registration as a specialist under this chapter. Continuing education courses shall include, but not be limited to, the following subjects as they relate to the practice of cosmetology: human immunodeficiency virus and acquired immune deficiency syndrome; Occupational Safety and Health Administration regulations; workers’ compensation issues; state and federal laws and rules as they pertain to cosmetologists, cosmetology, salons, specialists, specialty salons, and booth renters; chemical makeup as it pertains to hair, skin, and nails; and environmental issues. Courses given at cosmetology conferences may be counted toward the number of continuing education hours required if approved by the board.

(b) The board may, by rule, require any licensee in violation of a continuing education requirement to take a refresher course or refresher course and examination in addition to any other penalty. The number of hours for the refresher course may not exceed 48 hours.

477.0201 Specialty registration; qualifications; registration renewal; endorsement.

(1) Any person is qualified for registration as a specialist in any one or more of the specialty practices within the practice of cosmetology under this chapter who:

(a) Is at least 16 years of age or has received a high school diploma.

(b) Has received a certificate of completion in a specialty pursuant to s. 477.013(6) from one of the following:

1. A school licensed pursuant to s. 477.023.

2. A school licensed pursuant to chapter 1005 or the equivalent licensing authority of another state.

3. A specialty program within the public-school system.

4. A specialty division within the Cosmetology Division of the Florida School for the Deaf and the Blind, provided the training programs comply with minimum curriculum requirements established by the board.

(2) A person desiring to be registered as a specialist shall apply to the department in writing upon forms prepared and furnished by the department.

(3) Upon paying the initial registration fee, the department shall register the applicant to practice one or more of the specialty practices within the practice of cosmetology.

(4) Renewal of registration shall be accomplished pursuant to rules adopted by the board.

(5) The board shall adopt rules specifying procedures for the registration of specialty practitioners desiring to be registered in this state who have been registered or licensed and are practicing in states which have registering or licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state.

(6) Pending issuance of registration, a person is eligible to practice as a specialist 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, provided such practice is under the supervision of a registered specialist in a licensed specialty or cosmetology salon.

477.0263
Cosmetology services to be performed in licensed salon: exception. –

(1) Cosmetology services shall be performed only by licensed cosmetologists in licensed salons, except as otherwise provided in this section.

(2) Pursuant to rules established by the board, cosmetology services may be performed by a licensed cosmetologist in a location other than a licensed salon, including, but not limited to, a nursing home, hospital, or residence, when a client for reasons of ill health is unable to go to a licensed salon. Arrangements for the performance of such cosmetology services in a location other than a licensed salon shall be made only through a licensed salon.

(3) Any person who holds a valid cosmetology license in any state or who is authorized to practice cosmetology in any country, territory, or jurisdiction of the United States may perform cosmetology services in a location other than a licensed salon when such services are performed in connection with the motion picture, fashion photography, theatrical, or television industry; a photography studio salon; a manufacturer trade show demonstration; or an educational seminar.

(4) Pursuant to rules adopted by the board, any cosmetology or specialty service may be performed in a location other than a licensed salon when the service is performed in connection with a special event and is performed by a person who is employed by a licensed salon and who holds the proper license or specialty registration. An appointment for the performance of any such service in a location other than a licensed salon must be made through a licensed salon.

477.0263 Cosmetology services to be performed in licensed salon; exception. –

(1) - Cosmetology services shall be performed only by licensed cosmetologist in licensed salons, except as otherwise provided in this section.

(2) - Pursuant to rules established by the board cosmetology services may be performed by a licensed cosmetologist in a location not limited to, a nursing home, hospital, or residence when a client for reasons to fill health is unable to go to a licensed salon. Arrangements for the performance of such cosmetology services in a location other than a licensed salon shall be made only through a licensed salon.

(3) - Any person who holds a valid cosmetology license in any state or who is authorized to practice cosmetology in any country, territory, or jurisdiction of the United States may perform cosmetology services in a location other than a licensed salon when such services are performed in connection with the motion picture, fashion photography, theatrical, or television industry; a photography studio salon; a manufacturer trade show demonstration; or an educational seminar.
(4) - Pursuant to rules adopted by the board, any cosmetology or specialty service may be performed in a location other than a licensed salon when the service is performed in connection with a special event and is performed by a person who is employed by a licensed salon and who holds the proper license or specialty registration. An appointment for the performance of any such service in a location other than a licensed salon must be made through a licensed salon.

477.0625
Prohibited acts. - It is unlawful for any person to:

(1) - It is unlawful for any person to:

(a) Engage in the practice of cosmetology or a specialty without an active license as a cosmetologist or registration as a specialist issued by the department pursuant to the provisions of this chapter.

(b) Own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon:

1. Which is not licensed under the provisions of this chapter; or

2. In which a person not licensed or registered as a cosmetologist or a specialist is permitted to perform cosmetology services or any specialty.

(c) Permit an employed person to engage in the practice of cosmetology or of a specialty unless such person holds a valid, active license as a cosmetologist or registration as a specialist.

(d) Obtain or attempt to obtain a license or registration for money, other than the required fee, or any other thing of value or by fraudulent misrepresentations.

(e) Use or attempt to use a license to practice cosmetology or a registration to practice a specialty, which license, or registration is suspended or revoked.

(f) Advertise or imply that skin care services, as performed under this chapter, have any relationship to the practice of massage therapy as defined in s. 480.033(3), except those practices or activities defined in s. 477.013.

(g) In the practice of cosmetology, use or possess a cosmetic product containing a liquid nail monomer containing any trace of methyl methacrylate (MMA).

(2) Any person who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

61G5 - 17.017 Board Member Compensation

In addition to receiving $50 compensation per day for attending official meetings of the board, a board member shall also be eligible to receive compensation for the following “other business involving the board."

(1) - All joint board or committee meetings required by statute, Board, rule or board action;

(2) - Official meetings or workshops called by the chairman at which either a committee composed of two (2) or more board members or a quorum of the board is present pursuant to Chapter 120 and 477, F.S.;

(3) - Meeting of board members with department staff or contractors of the department at the department’s or the board’s request. Any participation or meeting of members noticed or unnoticed will be on file in the board office;

(4) - Meeting or conference which the board member attends at the request of the secretary or the secretary’s designee;

(5) - Administrative hearing or legal proceedings at which the board member appears as witness or representative of the board at the request of counsel to the board;

(6) - All activity of board members, if authorized by the board, when grading, proctoring or reviewing examinations given by the department;

(7) - All participation in board-authorized meetings with professional associations of which the board is a member or invitee. This would include all meetings of national associations or registration boards of which the board is a member as well as board-authorized participation in meetings of national or professional associations or organizations involved in educating, regulating or reviewing the profession over which the board has statutory authority;

(8) - Any and all other activities which are board approved and which are necessary for board members to attend in order to further protect the public health, safety and welfare, through the regulation of which the board has statutory authority;

(9) - In the event that a board member is present for a meeting or hearing defined above, and the meeting is cancelled without prior notice, the attending board member will be eligible for compensation provided the member was present at the scheduled time.

61G5 - 18.001 / Who may apply.

(1) - Individuals desiring to be licensed as a cosmetologist shall meet all required qualifications as specified in Section 477.019, F.S.

(2) - If an applicant for licensure by examinations meets all required qualifications except the required minimum hours of training, he or she shall be entitled to take the licensure examination to practice cosmetology if the applicant has received a minimum of 1,000 hours of training established by the board, and has been certified by the director of the school or program in which he or she is currently enrolled to have achieved the minimum competency standards of performance as prescribed in Chapter 61G5-22, F.A.C., for the hours completed.

Just so you know,….
61G5-32.001 Continuing Education

The continuing education hours required for cosmetologists, facial specialists, nail specialists, and full specialists has been lowered to a minimum of ten (10) hours, effective February 6, 2020.

The board may be contacted through the Department of Business and Professional Regulation,
2601 Blair Stone Road
Tallahassee, Florida 32399-0790,
Tel. (850) 487-1395.
Office hours are 8:00 A.M. to 5:00 P.M., Monday through Friday, except for state holidays.

SECTION SUMMARY

You now have a clear understanding of Florida Statutes , Chapter 477 and its supporting Administrative Code Chapter 61G5 and why they were created to protect the health, safety and welfare of the Florida consumer. You are equipped with the knowledge of where, when and how the practice of cosmetology and specialties can be performed legally, the requirements and restrictions of the facilities and renewal procedures.

WORKS CITED

“Chapter 477 - 2020 Florida Statutes - the Florida Senate.” Flsenate.gov, 2020, www.flsenate.gov/Laws/Statutes/2020/Chapter477 / All. Accessed 5 May 2022.

“Div. 61G5: Board of Cosmetology - Florida Administrative Rules, Law, Code, Register - FAC, FAR, ERulemaking.” www.flrules.org, www.flrules.org/gateway/Division.asp?DivID=275. Accessed 5 May 2022.

My FLorida License, Department of Business and Professional Regulation