that such requirements conflict with this subsection or rules adopted pursuant to this subsection. (c) A mobile cosmetology salon must maintain a permanent business address, located in the inspection area of the local department office, at which records of appointments, itineraries, license numbers of employees, and vehicle identification numbers of the license holder’s mobile salon shall be kept and made available for verification purposes by department personnel, and at which correspondence from the department can be received. (d) To facilitate periodic inspections of mobile cosmetology salons, prior to the beginning of each month each mobile salon license holder must file with the board a written monthly itinerary listing the locations where and the dates and hours when the mobile salon will be operating. (e) The board shall establish fees for mobile cosmetology salons, not to exceed the fees for cosmetology salons at fixed locations. (f) The operation of mobile cosmetology salons must be in compliance with all local laws and ordinances regulating business establishments, with all applicable requirements of the Americans with Disabilities Act relating to accommodations for persons with disabilities, and with all applicable OSHA requirements. (11) Facilities licensed under part II of chapter 400 or under part I of chapter 429 are exempt from this section, and a cosmetologist licensed pursuant to s. 477.019 may provide salon services exclusively for facility residents. 477.0263 Cosmetology services to be performed in licensed salon; exceptions. (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 holds the proper license or specialty registration. (5) 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. 477.0265 Prohibited acts. (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 or body wrapping, 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. 477.28 Disciplinary proceedings. (1) The board shall have the power to revoke or suspend the license of a cosmetologist licensed under this chapter, or the registration of a specialist registered under this chapter, and to reprimand, censure, deny subsequent licensure or registration of, or otherwise discipline a cosmetologist or a specialist licensed or registered under this chapter in any of the following cases: (a) Upon proof that a license or registration has been obtained by fraud or misrepresentation. (b) Upon proof that the holder of a license or registration is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice or instruction of cosmetology or a specialty. (c) Upon proof that the holder of a license or registration is guilty of aiding, assisting, procuring, or advising any unlicensed person to practice as a cosmetologist. (2) The board shall have the power to revoke or suspend the license of a cosmetology salon or a specialty salon licensed under this chapter, to deny subsequent licensure of such salon, or to reprimand, censure, or otherwise discipline the owner of such salon in either of the following cases: (a) Upon proof that a license has been obtained by fraud or misrepresentation. (b) Upon proof that the holder of a license is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the operation of the salon so licensed. (3) Disciplinary proceedings shall be conducted pursuant to the provisions of chapter 120. (4) The department shall not issue or renew a license or certificate of registration under this chapter to any person against whom or salon against which the board has assessed a fine, interest, or costs associated with investigation and prosecution until the person or salon has paid in full such fine, interest, or costs associated with investigation and prosecution or until the person or salon complies with or satisfies all terms and conditions of the final order. 477.29 Penalty. (1) It is unlawful for any person to: (a) Hold himself or herself out as a cosmetologist or specialist unless duly licensed or registered, or otherwise authorized, as provided in this chapter. (b) Operate any cosmetology salon unless it has been duly licensed as provided in this chapter. (c) Permit an employed person to practice cosmetology or a specialty unless duly licensed or registered, or otherwise authorized, as provided in this chapter. (d) Present as his or her own the license of another. (e) Give false or forged evidence to the department in obtaining any license provided for in this chapter. (f) Impersonate any other licenseholder of like or different name. (g) Use or attempt to use a license that has been revoked. (h) Violate any provision of s. 455.227(1), s. 477.0265, or s. 477.028. (i) Violate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department.
Book Code: NTFL1024
Page 26
EliteLearning.com/Cosmetology
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