Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Barbers’ Board
RULE NO: RULE TITLE
61G3-19.011: Barbershop Requirements
PURPOSE AND EFFECT: To address cleanliness issues in the barbershop.
SUMMARY: To address cleanliness issues in the barbershop.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs has been prepared. Cosmetologists working in barbershops who perform pedicures would be impacted by this rule as well as the barbershop owners. As of April 1, 2009, there were approximately 2,800 barbershops which could potentially employ cosmetologists. If a cosmetologist is employed by a barbershop, the cosmetologist and the barbershop owner will be required to comply with the proposed sanitation procedures, or they would be subject to a fine of $500, pursuant to subsection 61G3-21.009(l), F.A.C.
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.
SPECIFIC AUTHORITY: 476.064(4), 477.016 FS.
LAW IMPLEMENTED: 476.184, 477.025 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G3-19.011 Barbershop Requirements.

(1) through (22) No change.

(23) If a licensed barbershop employs a licensed cosmetologist or allows a licensed cosmetologist to practice cosmetology in said barbershop, the barbershop shall comply with subsection (2) of Florida Administrative Code Rule 61G5-20.002, which is incorporated herein by reference. Rule 61G5-20.002(3/10/08), can be obtained from the Barbers’ Board at the Department of Business and Professional Regulations, 1940 North Monroe Street, Tallahassee, FL 32399-0750.

(24) Any barbershop that employs a licensed cosmetologist or allows a licensed cosmetologist to perform or practice cosmetology or specialty services in the barbershop must display the license of the person performing or practicing cosmetology or specialty services in a conspicuous place within the barbershop and the license must be clearly visible upon entering the barbershop.

(25) The barbershop will display a legible copy of the most recent inspection sheet for the barbershop in a location that is clearly visible to the general public.

(26) Any barbershop that employs a licensed cosmetologist or allows a licensed cosmetologist to perform or practice cosmetology or specialty services shall require and ensure that all individuals engaged in the practice of cosmetology, any specialty, hair braiding, hair wrapping or body wrapping display at his or her work station his or her current license or registration at all times when he or she is performing cosmetology, specialty, hair braiding, hair wrapping, or body wrapping services. The license or registration on display shall be the original certificate or a duplicate issued by the Department and shall have attached a 2'' by 2'' photograph taken within the previous two years of the individual whose name appears on the certificate. The certificate with photograph attached shall be permanently laminated as of July 1, 2007.

(27) All barbershops who employs a licensed cosmetologist or allows a licensed cosmetologist to perform or practice cosmetology or specialty services shall require and ensure that the individuals performing or practicing cosmetology or speciality services are in compliance with Rule 61G5-20.004, F.A.C.

(28) A failure to comply with this rule or any part of this rule is a violation of Rule 61G3-21.002, F.A.C.

Rulemaking Specific Authority 476.064(4), 477.016 FS. Law Implemented 476.184, 477.025 FS. History–New 4-27-86, Amended 9-24-86, 12-28-86, 5-10-88, 7-15-91, Formerly 21C-19.011, Amended 1-12-94, 10-4-94, 5-21-95, 2-14-96, 5-1-96, 3-21-00, 11-6-00, 8-17-06,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbers’ Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 18, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 24, 2009