(2) Any person who violates the provisions of this section shall be subject to one or more of the following penalties, as determined by the board: (a) Revocation or suspension of any license or registration issued pursuant to this chapter. (b) Issuance of a reprimand or censure. (c) Imposition of an administrative fine not to exceed $500 for each count or separate offense.
(d) Placement on probation for a period of time and subject to such reasonable conditions as the board may specify. (e) Refusal to certify to the department an applicant for licensure. 477.31 Civil proceedings . As cumulative of any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of a restraining order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this chapter or the lawful rules or orders of the department.
CHAPTER 61G5 COSMETOLOGIST
61G5-18.00015 Cosmetologist and Compensation Defined. 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., Chapter 61G5-20 Cosmetology Salons 61G5-20.001 Salon Defined. Salon means any establishment or place of business wherein cosmetology as defined in Section 477.013(4), F.S., or any specialty as defined in Section 477.013(6), F.S., is practiced for compensation, however this does not prevent the practice of cosmetology in a licensed barbershop, or the practice of barbering in a licensed cosmetology salon, provided the salon employs a licensed cosmetologist. Except as provided in Rule 61G5-20.010, F.A.C., a salon must be at a fixed location. 61G5-20.0015 Performance of Cosmetology or Specialty Services Outside a Licensed Salon. (1) “Special events” are weddings, fashion shows, and other organized public or private events with a duration of no more than three consecutive days, and where cosmetology services are essential to the event, and the cosmetologist does not provide services to the general public. (2) Cosmetology or specialty services may be performed by a licensed cosmetologist or specialist in a location other than a licensed salon, including a hospital, nursing home, residence, or similar facility, when a client for reasons of ill health is unable to go to a licensed salon. Such services are not to be performed upon employees or person who do not reside in the facility, or any other non-qualified persons. Arrangements for the performance of cosmetology services pursuant to this subsection shall be made only through a licensed salon. (3) Cosmetology services may only be performed in a photography studio salon subject to the following requirements: (a) Only hair-arranging services and the application of cosmetic products may be performed in a photography studio salon, and only for the purpose of preparing a model or client of the photography studio for a photographic session. Shampooing the hair, hair cutting, hair coloring, permanent waving of the hair, hair relaxing, hair removal, manicuring, pedicuring, and the performance of any other service defined as cosmetology may not be performed in a photography studio salon. (b) All hair-arranging services and applications of cosmetic products to be performed in the photography studio salon shall be performed by a licensed Florida cosmetologist or under the supervision of a licensed cosmetologist employed by the salon. “Under the supervision of a licensed cosmetologist” shall mean that an individual who then holds a current, active Florida license as a cosmetologist shall be physically present at the photography studio salon at all times when hair-arranging services or applications of cosmetic products are being performed. (c) When performing hair-arranging services, the photography studio salon shall use either disposable hair-arranging implements or shall use a wet or dry sanitizing system approved by the federal Environmental Protection Agency. (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.
manicures, pedicures, and skin care services. For the purposes of this act “compensation” is defined as the payment of money or its equivalent, the receipt or delivery of property, or the performance of a service, or the receipt or delivery of 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. (5) The following procedures shall be followed when performing cosmetology services outside of a licensed salon: (a) Information as to the name and contact information of the client and the address at which the services are to be performed shall be recorded in an appointment book. (b) For services required to be scheduled through a salon, the appointment book shall remain at the salon and be made available upon request to any investigator or inspector of the Department. (c) For services in subsection (4) that have been scheduled directly with the licensed cosmetologist or specialist, the appointment book shall remain with the provider. 61G5-20.002 Salon Requirements. (1) Definitions: For the purposes of this rule, the following definitions apply: (a) “Clean” means the removal of visible debris from a surface such as washing with soap/water. (b) “Disinfect” means the use of a chemical to destroy potential pathogens. (c) “Sterilize” means the complete destruction of all microbial life, commonly achieved through the use of heat and/or pressure. (d) “Wet disinfection container” means a tub or jar with a lid, filled with disinfectant and large enough for all items to be completely immersed. (e) “Infection control” means the process for reducing the risk of spreading disease causing pathogens. (2) Prior to opening a salon, the owner shall: (a) Submit an application on forms prescribed by the Department of Business and Professional Regulation; and, (b) Pay the required registration fee as outlined in the fee schedule in Rule 61G5-24.005, F.A.C.; and, (c) Meet the safety and sanitary requirements as listed below and these requirements shall continue in full force and effect for the life of the salon: 1. Ventilation and Cleanliness: Each salon shall be kept well ventilated. The walls, ceilings, furniture and equipment shall be kept clean and free from dust. Hair must not be allowed to accumulate on the floor of the salon. Hair must be deposited in a covered waste receptacle. Each salon which provides services for the extending or sculpturing of nails shall provide such services in a separate area which is adequately ventilated for the safe dispersion of all fumes resulting from the services. 2. Toilet and Lavatory Facilities: Each salon shall provide –
on the premises or in the same building as, and within 300 feet of, the salon – adequate toilet and lavatory facilities. To be adequate, such facilities shall have at least one toilet and one sink with running water. Such facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning material, sanitary towels or other hand-drying device such as a wall-mounted electric blow dryer, and waste receptacle.
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Book Code: NTFL1024
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