Florida – 16 Credit Course Package

of the immune system and leaves individuals susceptible to opportunistic infections and tumors. Abstinence is the only certain way to protect yourself against contracting HIV sexually as well as contracting other STDs. Acquired: passed from one person to another. HIV/AIDS Antiretroviral A drug treatment that slows the onset of AIDS and Introduction helps maintain the body’s immune system. The red Ribbon is the international symbol of HIV and AIDS Combination therapy When 2 or more drugs are taken as part of the awareness. Doctors have known about AIDS for approximately 30 years. therapy for HIV/AIDS. Condom contraceptive device consisting of a sheath of thin rubber Initially, because of a lack of knowledge, those contracting AIDS or latex that is worn over the penis during intercourse. were given very little hope to live. Over time, methods for Deficiency: lack/shortage of or breakdown. diagnosing, treating and preventing the spread of AIDS have Immune: the body’s defense system against disease. increased exponentially. However, there is still no known cure for ELISA Enzyme-Linked Immunosorbent Assay is a test used to AIDS. determine the presence of AIDS. In Florida, The Bureau of HIV/AIDS is making great strides in testing Immunity is a term that describes a state of having sufficient and counseling as well as diagnosing those infected. biological defenses to avoid infection or disease. It is of particular interest to salon employees because one of the Infection is the pathological state resulting from the invasion of the primary methods of transmitting the disease is through contact with body by pathogenic microorganisms. infected blood. It is imperative for the practicing licensees to be Microorganisms any organism of microscopic size. aware of the proper techniques for exposure to blood as well as Opportunistic infection an infection that occurs because of a practicing in a safe and sanitary manner. weakened immune system. In this unit, you will learn the basics of AIDS. Information included is Pathogenic able to cause disease. intended to raise your consciousness and awareness of the disease Syndrome: a combination of symptoms and diseases. as well as the business and social implications of working on infected T-Cells White blood cells that are the protective cells of the body clients or working with infected co-workers. which help fight off infection. They are also known as lymphocytes. The T cells are like soldiers who search out and destroy the targeted Vocabulary invaders. HIV Human Immunodeficiency Virus. HIV attacks and weakens the body’s immune system by destroying the body’s T-helper white Virus ultramicroscopic infectious agent that replicates itself only blood cells. White blood cells are those cells in your body that fight within cells of living hosts. infections. What are the effects of the HIV virus? Human virus can only infect human beings. The HIV virus does not make you sick. It reproduces itself within your body’s protective cells and weakens them. T-cells help the mmuno-deficiency - failure of the body’s immune system to work I body fight infections. As the T-cells are weakened they lose their properly. ability to fight off other infections. It is your body’s inability to fight Virus - one of its characteristics is that it is incapable of reproducing infection that makes you sick, not the HIV. AstheT-cellsare by itself. It reproduces by taking over the machinery of the human weakened, the body becomes more and more susceptible to other cell. infections. As the amount of HIV present in the body increases, the T-cells are weakened and opportunistic infections begin to occur, a AIDS = Acquired Immune Deficiency Syndrome is caused by the personisthensaidtohaveAIDS. human immunodeficiency virus (HIV). That is, HIV is the VIRUS that causes AIDS. This condition progressively reduces the effectiveness 1 of 66 Things to be aware of regarding AIDS How do they test for AIDS? 1. In 2009, HIV was still considered a leading cause of death There are several methods used. You cannot tell by just looking at a for Floridians between the ages of 25 and 44. person. Many people with HIV can look and feel healthy for many 2. The Florida Consortium for HIV Research reports 1,232 years and may never contract AIDS. AIDS related deaths for 2009. Special blood tests called ELISA tests are used to determine if 3. Among African Americans in this age group, HIV infection someone is HIV positive. They can range from simple to complex is the leading cause of death. Many of these young adults and costly. likely were infected in their teens and twenties. HowisAIDStreated? 4. A person infected with HIV may not show symptoms for Prompt early treatment for HIV/AIDS: five to ten years. People who look completely healthy can 1. Slows the spread of the infection still have HIV. 2. Slows the rate at which HIV weakens the immune system 5. HIV can ALWAYS be passed to others, even if they have no 3. Prevents and/or cures many of the opportunistic symptoms of AIDS. infections associated with AIDS 6. Once HIV begins to destroy the body’s immune system, Antiretroviral the affected person progresses through different phases of There are currently in excess of 20 approved drugs in the US and AIDS until they die. Europe (including combined formulations) many others are being Who is at risk for HIV/AIDS? tested for approval. These drugs are taken to keep the amount of 1. EVERYONE who practices unsafe sex has a pre-existing HIV in the body low. This stops the destruction of the immune STD, or uses IV drugs is at HIGH RISK for contracting system and allows it to improve HIV/AIDS. . There are five groups of antiretroviral drugs. Each type of drug has 2. Worldwide, more than 90% of all adolescent and adult HIV a different action. infections have resulted from heterosexual intercourse. 1. Nucleoside/Nucleotide Reverse Transcriptase Inhibitors 3. Females are at as much risk as Males. interfere with the action of an HIV protein called reverse transcriptase, which the virus needs to make new copies How is HIV/AIDS contracted? of itself. 1. Sexual Contact (vaginal, oral, anal); does not include casual 2. Non-Nucleoside Reverse Transcriptase Inhibitors stop HIV kissing (unless open mouth sores are present). from replicating within cells by inhibiting the reverse 2. Sharing Hypodermic Needles through IV drug use. transcriptase protein. 3. Mother to infant transmission: In utero exchange, during 3. Protease Inhibitors inhibit protease, which is another birth, or through breast-feeding after birth. protein involved in the HIV replication process. 4. Less commonly (and now very rarely in countries where 4. Fusion or Entry Inhibitors prevent HIV from binding to or blood is screened for HIV antibodies), through transfusions entering human immune cells. of infected blood or blood clotting factors. 5. Integrase Inhibitors interfere with the integrase enzyme, which HIV needs to insert its genetic material into human What are the symptoms of AIDS? cells. 1. A fever of 1 month or longer Additional Treatment Recommendations 2. Unexplained diarrhea for longer than 1 month 1. Adequate rest 3. Persistent cough for longer than 1 month 4. Constant fatigue 2. Diet rich in proteins and vitamins 5. Sudden unexplained weight loss 3. Do not donate blood 6. White blotches in the mouth or on tongue 4. Practice safe sex (use a condom) 5. Do not smoke or drink excessive amounts of alcohol How is HIV/AIDS not contracted? 6. Drink purified water 1. Sitting next to someone 7. Exercise regularly (yoga is strongly recommended) 2. Shaking hands, giving a hug or dry kissing 3. Using restrooms, water coolers or telephone Working with others 4. Eating in a restaurant or cafeteria Knowing the causes of HIV/AIDS as well as how to avoid the 5. Swimming in a pool or using hot tubs infection will give you a much better understanding of the disease 6. Being bitten by an insect and hopefully will help you develop an empathy and consideration 7. Donating blood for those suffering from the syndrome. Be considerate of those with 8. Coughing, sneezing the disorder and do not treat them with distain. Keep in mind the 9. Sharing a bathroom 1995 Disability Discrimination Act protects HIV/AIDS sufferers. 10. Eating together 1. Sympathize and offer support 2. Don’t ostracize them from family activities How can you avoid getting HIV/AIDS? 3. Encourage them to get back to work as soon as possible 1. ABSTINENCE is the only certain way to protect yourself 4. Encourage them to become involved in recreational against contracting HIV sexually as well as contracting activities other STDs. 5. Do not add additional stress to their lives and encourage 2. MUTUAL monogamy in your relationships after you have exercise to relieve stress both been tested. 6. Help them maintain a healthy diet 3. SAFE SEX- Nobody has a body to die for. 7. Convince them to stop using drugs, alcohol and tobacco 4. If you have sex, LATEX CONDOMS are the most effective 8. Encourage regular health monitoring protection against HIV and other sexually transmitted 9. Dispose blood stained tampons and bandages properly diseases (STD’s). and immediately a. Natural membranes have small microscopic 10. Advise them to use safe sex holes that can let STD’s through. 11. Assist them in taking care of their families b. Novelty condoms (like ones that glow in the 12. Do not discriminate against them dark) should not be used. 13. Don’t make them feel guilty c. Don’t use oil based lubrication because it will cause the condom to tear. 14. Encourage the support of family members 5. AVOID drug use 15. Don’t insult them by using gloves for feeding 6. ROUTINE TESTING. Routine one-time testing of everyone 16. Don’t share razors, tooth brush and other sharp objects would cut new infections each year by just over 20%. with infected person a. Every HIV-infected patient identified would gain 17. It is not necessary to wash their clothes separately an average of 1 1/2 years of life. So, what did 18. Treat them the way you would like to be treated. you learn? 2 of 66 Florida Statistics (Reported at the Florida Consortium for HIV Research, February, 2011)

The Epidemic in Florida, 2010 Population: 18.8 million, (4th in nation) 1. Cumulative AIDS cases: 121,161, (3rd in nation) 2. Cumulative pediatric AIDS cases: 1,542, (2nd in nation) 3. Persons living with HIV/AIDS: 97,978 4. HIV prevalence estimate: 135,000 5. Deaths due to HIV/AIDS: 1,232 (2009)

3 of 66 The chart below shows a dramatic decrease in AIDS related deaths between 1994 and 1998. However, since then the numbers have leveled off. By-no-means is AIDS going away. It still remains a leading cause of death in Florida as well as other areas throughout the world.

Other good news in the battle against aids is indicated in the following chart which shows that the median age of AIDS related deaths in Florida has risen from 30 in 1980 to 50 in 2008.

4 of 66 Additional Information Exposure to blood When any patron or licensee is exposed to blood by scissors cut, razor cut, needle stick, laceration or other exposure to broken skin or a mucous membrane, the licensee should: 1. Stop, thoroughly wash the exposed area or wound on the patron’s or the licensee’s body with soap and water. 2. Disinfect the exposed area or wound with a topical antiseptic such as: a. Iodine, 70% isopropyl alcohol, or 6%stabilized hydrogen peroxide or equivalent. 3. In the case of mucous membrane exposure, the licensee should wash or rinse the affected area with plenty of water. 4. It is advisable to post a written protocol describing the procedure for unintentional occupational exposure to bodily fluids. 5. The protocol should be posted in a place conspicuous to licensees.

Precautionary procedures 1. A licensee should cover any abrasions, oozing or open lesions or wounds on his or her hands or forearms prior to patron contact. 2. If a licensee has oozing or open lesions or weeping dermatitis on his or her hands or forearms that cannot be effectively covered, the licensee should refrain from direct patron contact until the condition has been resolved. 3. A licensee should consider the use of disposable protective gloves when dealing with patrons with oozing or open lesions or weeping dermatitis. These gloves should be changed between patrons and disposed of after use. Gloves should be removed upon completion of patron services, and hands washed after glove removal.

Conclusion HIV/AIDS is not to be taken lightly. The salon environment is one that lends itself to opportunities for the spread of infection because of the use of sharp instruments. Safety and sanitation procedures should be adhered to. Managers should make a point of insisting their employees stay current with the proper procedures and provide the necessary training as well as supplies and equipment to insure a safe and sanitary experience for all.

Self-Study Worksheet/Quiz Define the following words/terms 1. Immuno-deficiency ______2. Virus ______3. Acquired ______4. AIDS ______5. Syndrome ______6. Pathogenic ______7. Antiretroviral ______8. T-Cells ______9. HIV ______10. Infection ______True / False 1. _____ AIDS can be contracted from the bite of an insect. 2. ____. AIDS can be contracted by sharing needles. 3. ____. A mother can transmit AIDS to her child while breast feeding. 4. ____. Contracting HIV means you have AIDS. 5. ____. You are at risk if you sit next to someone with HIV. 6. ____. Practicing safe-sex is considered a good defense against getting HIV. 7. ____. Coughing or sneezing puts you at risk for contracting HIV. 1. F, 2. T, 3 T, 4 F, 5 F, 6 T, 7 F For Additional Information: http://seminolecohealth.com/HIV/HIVFaqs.asp http://www.cdc.gov/hiv/resources/brochures/at-risk.htm

5 of 66 SANITATION & STERILIZATION (3-HOURS CE CREDIT) 1. Ventilation and Cleanliness: Each salon shall be kept well ventilated. The walls, ceilings, furniture and equipment shall be kept Introduction clean and free from dust. Hair must not be allowed to accumulate In a recent newsletter, Florida’s Cosmetology Board Chair Myra on the floor of the salon. Hair must be deposited in a closed Jowers stated: container. Each salon which provides services for the extending or “Your board continues to work diligently, protecting the health, sculpturing of nails shall provide such services in a separate area safety, and welfare of the public. We are all committed to serving which is adequately ventilated for the safe dispersion of all fumes Florida and our industry. We regularly examine our rules and make resulting from the services. updates, as needed, to keep us current and competitive in the 2. Toilet and Lavatory Facilities: Each salon shall provide on the workforce. You must also do your part by keeping abreast of rule premises or in the same building as, and within 300 feet of, the salon changes by visiting our Web site frequently or by attending our – adequate toilet and lavatory facilities. To be adequate, such quarterly meetings. facilities shall have at least one toilet and one sink with running There is much work still to be done in Florida’s cosmetology water. Such facilities shall be equipped with toilet tissue, soap salons. The majority of our licensees and salons are doing a great dispenser with soap or other hand cleaning material, sanitary towels job of complying with statutes and rules governing or other hand-drying device such as a wall-mounted electric blow cosmetology. Thank you for setting the example by doing the right dryer, and waste receptacle. Such facilities and all of the foregoing things the right ways. Keep up the great work while keeping an fixtures and components shall be kept clean, in good repair, well- open ear and eye for unprofessional and unlawful behavior; report lighted, and adequately ventilated to remove objectionable odors. the offenses to protect our beloved industry.” 3. A salon, or specialty salon may be located at a place of residence. Visit the website for Cosmetology Board Newsletters and updates. Salon facilities must be separated from the living quarters by a http://www.myfloridalicense.com/dbpr/pro/newsletters/Cosmetolo permanent wall construction. A separate entrance shall be provided gy_News.html#a to allow entry to the salon other than from the living quarters. Toilet Instructor’s note: By knowing and following the Statutes and and lavatory facilities shall comply with subparagraph (c)2. above Rules as they pertain to Safety, Sanitation, Sterilization and Infection and shall have an entrance from the salon other than the living Control, you can provide your clients with the safest possible quarters. experience. 4. Animals: No animals or pets shall be allowed in a salon, with the exception of fish kept in closed aquariums, or trained animals to assist the hearing impaired, visually impaired, or the physically Florida Statute 381.0075 (2) disabled. (j) “Sanitization” means the effective bactericidal treatment of 5. Shampoo Bowls: Each salon shall have shampoo bowls equipped surfaces of equipment and devices by a product registered by the with hot and cold running water. The shampoo bowls shall be United States Environmental Protection Agency which provides a located in the area where cosmetology services are being sufficient concentration of chemicals and enough time to reduce the performed. A specialty salon that exclusively provides specialty bacterial count, including pathogens, to a safe level. services, as defined in Section 477.013(6), F.S., need not have a (k) “Sterilization” means the use of procedures that destroy all shampoo bowl, but must have a sink or lavatory equipped with hot microbial life, including viruses, on the equipment or device. and cold running water on the premises of the salon. (d) Comply with all local building and fire codes. These requirements (8) (b) Sterilization procedures must include the following: (Body shall continue in full force and effect for the life of the salon. Piercing Salons) (2) Each salon shall comply with the following: 1. Proper autoclaving must be done according to the autoclave (a) Linens: Each salon shall keep clean linens in a closed, dustproof manufacturer’s instructions. cabinet. All soiled linens must be kept in a closed receptacle. Soiled 2. There must be a sterilization indicator in each autoclaving to linens may be kept in open containers if entirely separated from the monitor the sterilization procedure. The indicator must indicate area in which cosmetology services are rendered to the public. A exposure to steam and 250° Fahrenheit. sanitary towel or neck strip shall be placed around the patron’s neck 3. Contaminated instruments must be sterilized in the following to avoid direct contact of the shampoo cape with a patron’s skin. manner: (b) Containers: Salons must use containers for waving lotions and a. The contaminated instruments must be thoroughly cleansed other preparations of such type as will prevent contamination of the with an antiseptic solution, according to the instructions for the unused portion. All creams shall be removed from containers by antiseptic solution, and hot water. spatulas. b. The contaminated instruments and all other instruments must (c) Sterilization and Disinfection: The use of a brush, comb or other be packaged properly and loaded correctly into the autoclave. article on more than one patron without being disinfected is c. The contaminated instruments must be sterilized by autoclave. prohibited. Each salon is required to have sufficient combs, brushes, 4. All sterilized instruments must be stored and handled in a and implements to allow for adequate disinfecting practices. Combs manner that maintains sterility. or other instruments shall not be carried in pockets. 5. Autoclaves must be cleaned regularly and serviced at least once (d) Sanitizers: All salons shall be equipped with and utilize wet ayear. sanitizers with hospital level disinfectant or EPA approved 6. Each body-piercing salon utilizing autoclave sterilization disinfectant, sufficient to allow for disinfecting practices. techniques must post the sterilization procedures and ensure that 1. A wet sanitizer is any receptacle containing a disinfectant solution personnel responsible for performing the sterilization procedures and large enough to allow for a complete immersion of the articles. are adequately trained. A cover shall be provided. 7. All staff must be trained in proper infection-control procedures. 2. Disinfecting methods which are effective and approved for salons: 8. Pre-sterilized, pre-wrapped, disposable instruments may be First, clean articles with soap and water, completely immerse in a used, but must be used in accordance with the manufacturer’s chemical solution that is hospital level or EPA approved disinfectant instructions. as follows: a. Combs and brushes, remove hair first and immerse in hospital 61G5-20.002 Salon Requirements. level or EPA approved disinfectant; (1) Prior to opening a salon, the owner shall: b. Metallic instrument, immerse in hospital level for EPA approved (a) Submit an application on forms prescribed by the Department of disinfectant; Business and Professional Regulation; and c. Instruments with cutting edge, wipe with a hospital level or EPA (b) Pay the required registration fee as outlined in the fee schedule approved disinfectant; or in Rule 61G5-24.005, F.A.C.; and d. Implements may be immersed in a hospital level or EPA approved (c) Meet the safety and sanitary requirements as listed below and disinfectant solution. these requirements shall continue in full force and effect for the life 3. For purposes of this rule, a “hospital level disinfectant or EPA of the salon: approved disinfectant” shall mean the following: 6 of 66 a. For all combs, brushes, metallic instruments, instruments with a (4) Evidence that the full salon contains a minimum of 200 square cutting edge, and implements that have not come into contact with feet of floor space. No more than two (2) cosmetologists or blood or body fluids, a disinfectant that indicates on its label that it specialists may be employed in a salon which has only the minimum has been registered with the EPA as a hospital grade bacterial, floor space. virucidal and fungicidal disinfectant; (5) A specialty salon offering only one of the regulated specialties b. For all combs, brushes, metallic instruments with a cutting edge, shall evidence a minimum of 100 square feet used in the and implements that have come into contact with blood or body performance of the specialty service and shall meet all the sanitation fluids, a disinfectant that indicates on its label that it has been requirements stated in this section. No more than one specialist or registered with the EPA as a tuberculocidal disinfectant, in cosmetologist may be employed in a specialty salon with only the accordance with 29 C.F.R. 1910.1030. minimum floor space. An additional 50 square feet will be required 4. All disinfectants shall be mixed and used according to the for each additional specialist or cosmetologist employed. manufacturer’s directions. (6) For purposes of this rule, “permanent wall” means a vertical (e) After cleaning and disinfecting, articles shall be stored in a clean, continuous structure of wood, plaster, masonry, or other similar closed cabinet or container until used. Undisinfected articles such as building material, which is physically connected to a salon’s floor pens, pencils, money, paper, mail, etc., shall not be kept in the same and ceiling, and which serves to delineate and protect the salon. container or cabinet. For the purpose of recharging, rechargeable 61G5-20.004 Display of Documents. clippers may be stored in an area other than in a closed cabinet or (3) By July 1, 2008, all holders of a cosmetology or specialty salon container, provided such area is clean and provided the cutting license shall display at each footbath a copy of the Consumer edges of such clippers have been disinfected. Protection Notice regarding footbaths, sanitation, and safety. Copies (f) Ultra Violet Irradiation may be used to store articles and of this notice (revised 10/15/07, and incorporated herein by instruments after they have been cleansed and disinfected. reference) may be obtained from the Department of Business and (g) Pedicure Equipment Sterilization and Disinfection: Professional Regulation at 1940 North Monroe St., Tallahassee, FL The following cleaning and disinfection procedures must be used for 32399-0783, and the Call Center by calling (850)487-1395. any pedicure equipment that holds water, including sinks, bowls, basins, pipe-less spas, and whirlpool spas: Vocabulary 1. After each client, all pedicure units must be cleaned with a low- AIDS foaming soap or detergent with water to remove all visible debris, A serious (often fatal) disease of the immune system transmitted then disinfected with an EPA registered hospital grade bactericidal, through blood products especially by sexual contact or fungicidal, virucidal, and pseudomonacidal disinfectant used contaminated needles. according to manufacturer’s instructions for at least ten (10) Antiseptics minutes. If the pipe-free foot spa has a foot plate, it should be Antiseptic” means a chemical that kills or inhibits the growth of removed and the area beneath it cleaned, rinsed, and wiped dry. organismsonskinorlivingtissue. 2. At the end of each day of use, the following procedures shall be Do not confuse antiseptics with disinfectants. Antiseptics are not used: effective in killing harmful bacteria. They will inhibit (slow) growth a. All filter screens in whirlpool pedicure spas or basins for all types but not always kill. Think of them as a product used more for of foot spas must be sanitized. All visible debris in the screen and the cleaning and sanitizing. Some common antiseptics are :( depending inlet must be removed and cleaned with a low-foaming soap or on the strength), detergent and water. For pipe-free systems, the jet components or Alcohol, Quats, Boric acid, Iodine, Mouthwash, Many soaps, Hand foot plate must be removed and cleaned and any debris removed. sanitizing solutions. The screen, jet, or foot plate must be completely immersed in an NOTE: Septic means containing disease producing germs. The prefix EPA registered, hospital grade bactericidal, fungicidal, virucidal, and anti means against. Anti – septic = against germs. pseudomonacidal disinfectant that is used according to Autoclave manufacturer’s instructions. The screen, jet, or foot plate must be An autoclave is a device to sterilize equipment and supplies by replaced after disinfection is completed and the system is flushed subjecting them to high pressure steam at 121 °C or more, typically with warm water and low-foaming soap for 5 minutes, rinsed, and for 15 to 20 minutes depending on the size of the load and the drained. contents. b. After the above procedures are completed, the basin should be Bacilli filled with clean water and the correct amount of EPA registered Bacilli refers to a taxonomic class of bacteria. It includes two orders, disinfectant. The solution must be circulated through foot spa Bacillales and Lactobacillales, which contain several well-known system for 10 minutes and the unit then turned off. The solution pathogens like Bacillus anthracis (the cause of anthrax). should remain in the basin for at least 6 to 10 hours. Before using Bacteria the equipment again, the basin system must be drained and flushed The bacteria are a large group of unicellular, prokaryote, with clean water. microorganisms. Typically a few micrometers in length, bacteria 3. Once each week, subsequent to completing the required end-of- have a wide range of shapes, ranging from spheres to rods and day cleaning procedures, the basin must be filled with a solution of spirals. water containing one teaspoon of 5.25% bleach for each gallon of Bactericidal water. The solution must be circulated through the spa system for 5 A bactericide or bactericide is a substance that kills bacteria and, to 10 minutes and then the solution must sit in the basin for at least ideally, nothing else. Bactericides are disinfectants, antiseptics or 6 hours. Before use, the system must be drained and flushed. antibiotics. 4. A record or log book containing the dates and times of all Bloodborne pathogens pedicure cleaning and disinfection procedures must be documented A Bloodborne disease is one that can be spread by contamination by and kept in the pedicure area by the salon and made available for blood. review upon request by a consumer or a Department inspector. The most common examples are HIV, hepatitis B, hepatitis C and (3) No cosmetology or specialty salon shall be operated in the same viral hemorrhagic fevers. licensed space allocation with any other business which adversely Cocci /Coccus (plural cocci) can be used to describe any bacterium affects the sanitation of the salon, or in the same licensed space that has a circular shape. It is one of the three distinct types of allocation with a school teaching cosmetology or a specialty licensed bacteria shapes, the other two being bacillus (rod-shaped).and under Chapter 477, F.S., or in any other location, space, or spirals (spiral shaped) environment which adversely affects the sanitation of the salon. In Contagious disease order to control the required space and maintain proper sanitation, A contagious disease is a subset category of infectious diseases (or where a salon adjoins such other business or school, or such other communicable diseases), which are easily transmitted by physical location, space or environment, there must be permanent walls contact (hence the name-origin) with the person suffering the separating the salon from the other business, school, location, disease, or by their secretions or objects touched by them. space, or environment and there must be separate and distinctly 7 of 66 Contagious marked entrances for each. Contagious means capable of being transmitted by direct or indirect What can I do in my establishment to prevent this? contact. Be sure to properly prepare the natural nail prior to applying If someone or something is contagious it has the potential to spread artificial nails. This information can be found by reading the disease producing germs. It is essential to be aware of this in order manufacturer’s directions for the particular products you are using. to prevent infecting yourself or others. As you progress through this Fungicidal unit, you will discover many methods of controlling contagions. Fungicides are chemical compounds or biological organisms used to Tinea (ringworm) is an example of a contagious disorder which can kill or inhibit fungi or fungal spores be transmitted by improper disinfection of items such as clipper HIV blades and cuticle nippers. Proper disinfection techniques will Human immunodeficiency virus (HIV) is a lentivirus (a member of prevent its spread. the retrovirus family) that causes acquired immunodeficiency Diplocci syndrome (AIDS), a condition in humans in which the immune A diplococcus (plural diplococci) is a round bacterium (a coccus) that system begins to fail, leading to life-threatening opportunistic typically occurs in pairs of two joined cells. Examples are infections. Infection with HIV occurs by the transfer of bodily fluids. Streptococcus pneumonia, Moraxella catarrhalis, Neisseria HVAC gonorrhoeae and Neisseria meningitidis. Of these, all are Gram- All facilities should be equipped with a ventilation system adequate negative except for Streptococcus Pneumoniae. to comply with minimal occupational safety and health standards. Disease It is recommended you contact a Heating, Ventilating and Air A disease or medical condition is an abnormal condition of an Conditioning contractor. They have the knowledge and equipment organism that impairs bodily functions, associated with specific to properly assess your needs. Example: A nail salon using strong symptoms and signs. It may be caused by external factors, such as chemicals and acrylics would need more ventilation than a barber infectious disease, or it may be caused by internal dysfunctions, such shop that only gives haircuts. A salon with 20 employees that as autoimmune diseases. accommodates 50 clients in a waiting area would need far more air Disinfectant exchanges than a one-chair salon. Additional information can be A chemical or product that destroys disease causing bacteria. found on the EPA website www.epa.gov. NOTE: It is critical to follow manufacturer’s directions in formulating Immunity disinfectant solutions. If not mixed properly they might only have Immunity (medical), resistance of an organism to infection or antiseptic qualities. Keep in mind that “more is not better”, twice as disease. much bleach doesn’t make a better product and it is wasteful. Infection Examples of disinfectants are: An infection is the invasion of a host organism by a foreign species. 1. A solution of household bleach (5 1/4 percent sodium Infectious hypochlorite) and water containing at least 500 parts per million Having the ability to cause infection. It isn’t only touch. Germs can (ppm) available chlorine (1:100 dilution, or 2 teaspoons of be airborne. Always take protective measures by covering your household bleach per quart of water made fresh each day prior to mouth and turning away if you cough or sneeze, then be sure to use). 2. A solution of at least 70% isopropyl alcohol. rewash your hands before returning to your client. 3. A solution using a germicidal such as Lysol (brown bottle). Inflammation 4. A solution using an iodophor germicidal agent such as iodine or A response of body tissues to injury or irritation; characterized by Betadyne. pain and swelling and redness and heat. 5. A solution using a quaternary ammonium germicide agent such as Microbe Germ, Microorganism Lysol (spray) or Barbicide Plus. Any organism of microscopic size. As you work ahead, watch for the requirements regarding how often Microdermabrasion disinfection solution must be changed. Mechanical exfoliation using an abrasive material or apparatus to Disinfection remove surface epidermal cells with a mechanical closed loop Disinfectants are antimicrobial agents that are applied to non-living vacuum system. objects to destroy microorganisms, the process of which is known as This process is often used by Estheticians and involves specialized, disinfection. Disinfection is defined as: Cleaning an article of some or often expensive, equipment. Because of the vacuum system used, all of the pathogenic organisms which may cause infection. special care must be taken to properly disinfect all contact portions HINT: A shoe-box sized food container works well for soaking of the equipment. As in any exfoliation process, care must be taken utensils. Some opt to add a cap or two of bleach as an extra to avoid excessive removal of cells which could lead to bruising or open sores. measure. Mildew Remember: Disinfection kills harmful bacteria – Sanitation slows their growth. Mold: become moldy; spoil due to humidity. MMA Exfoliation Licensees may not use methyl methacrylate monomer, commonly The process whereby the superficial epidermal cells are removed referred to as MMA in liquid form, and may not use any cosmetic or from the skin. nail product formulated with MMA as one of its ingredients. There are a wide variety of methods being used to exfoliate. The Why can’t I use MMA? important point to remember is that you are removing skin cells. If Many myths circulate but the facts are: not done in the safest of manners, it carries a high risk of exposing MMA is not allowed to be used because it is too toxic, it doesn’t your clients to infection cause cancer, and it doesn’t penetrate through the nail bed and Fungus: An organism of the kingdom Fungi lacking chlorophyll and affect the health of the client. The fact is that it is used in many feeding on organic matter. other medical procedures because of its great adherence quality. Fungal Infections: Dentists use it, osteopathic surgeons use it. So why can’t manicurists There are various fungal infections that we should be concerned with in use it. Simply put, it sticks so well that properly removing it will the establishment. Examples include: cause damage to the nail that could lead to nail disorders and Tinea which is characterized by itching, scales and painful circular infection. A visit to hooked-on¬nails.com will provide an excellent lesions. It is very contagious and can easily be spread by unsanitized article on the subject. combs and clipper blades. MSDS Material Safety Data Sheets How can I prevent the spread of tinea in an establishment ?Clean A compilation of information required under the OSHA and disinfect clippers, shears, razors and manicuring implements are Communication Standard on the identity of hazardous chemicals, free from debris and are properly sanitized and disinfected prior to use. health, and physical hazards, exposure limits, and precautions. If you encounter a client with tinea, do not service them and Nonpathogenic recommend they see a physician for proper treatment. Non disease producing. Nail fungus is spread by the use of improperly disinfected Nail enhancement” implements. This occurs often in nail salons and it is strongly emphasized that proper procedures are followed to prevent its spread. Any material other than nail polish which is added to the fingernail Tuberculocidal or toenail generated by the person’s own body, or which is used to Capable of Killing Mycobacterium tuberculosis. enhance the fingernail or toenail of a person. As new discoveries are made and new products developed, efforts This is one of the most common causes of fungal and ringworm can be made to update the methods and products used to ensure a disorders of the nail. Onychomycosis is ringworm and Tinea unguium safe and sanitary environment within the salon. is a fungal disorder. Manicurists take heed; these disorders are most In choosing a disinfectant, it is very important to read the often caused by improper preparation of the nail bed and using manufacturer’s directions. Don’t take the chance that all sales equipment that has not been properly disinfected. people know the ingredients of all products. It is your professional NOTE: Remember, the reuse of utensils that are meant to be responsibility to choose the correct products. discarded after each use is a major contributor to the spread of Virucidal these disorders. Capable of killing a virus. Parasites Virus An animal or plant that lives in or on a host (another animal or Infectious agent that replicates itself only within cells of living hosts; plant); it obtains nourishment from the host without benefiting or many are pathogenic. killing the host. Pathogenic Responsibilities of licensees. Able to produce disease. Be responsible for compliance with the sanitation and safety Pediculosis capitis -Head lice precautions contained Florida laws and rules. Pediculosis looks like dandruff. The nits of the head louse are often Be responsible for their your professional practice, conduct and mistaken ad dandruff. (Pityriasis capitis) Head lice nits (which are the compliance the law. eggs of the louse) are teardrop in shape and slightly grayish in color. You can’t “pass the buck” onto your manager or the owner. You are They do not easily come off of the hair strand. a licensed professional and thus are required to provide services in School children often spread pediculosis through exchange of clothing, compliance with the law. particularly hats.Theborrowing of another’s comb or brush is also a common method of transmission of the lice. The myth is busted! There is an additional benefit to maintaining a safe and sanitary Head lice can’t jump from person to person. workplace. Phenolics Example: Antiseptic and anti-inflammatory compounds. Dad notices that you didn’t wash your hands prior to serving Pityriasis himandthebrushyouusedwasfullofloosehair. Dandruff, often mistaken for head lice (pediculosis). Dad is repulsed. Quaternary ammonium compounds Dad fears his family could become infected by unsanitary Also known as quats they are solutions used in disinfection. conditions. Sanitation Dad and his family choose another place to get their services. The state of being clean and conducive to health making something Total lifetime income from this family. $00.00 sanitary (free of germs). Equipment and sanitation. Scabies All areas of an salon and the equipment, tools and implements used A contagious skin infection caused by the itch mite; characterized by by licensees for services in should be maintained in a clean, sanitary persistent itching and skin irritation. and safe condition. Sodium hypochlorite 1. Keep your establishment clean, safe and sanitary will Also called bleach it is an unstable salt (NaOCl) used as a bleaching logically follow. agent and disinfectant. 2. Set a regular schedule for daily, weekly and monthly tasks Spirillum to maintain the establishment. (spiral-shaped) cells. Spirillum in microbiology refers to a bacterium 3. Type out a “check-list” of duties and post it where all with a cell body that twists like a spiral. It is the third distinct licensees can review it. bacterial cell shape type besides coccus and bacillus cells. 4. Managers, assign rotating duties for all, (yourself included Staphylococci –leadbyexample) Parasitic bacteria that tend to form irregular colonies; some cause 5. HINT: When tasks are performed with regularity, they boils or septicemia or infections. eventually become habits. You won’t even have to think about it. Sterilization You will “Just Do It”. A process which destroys all forms of microbial life, including spores Wash your hands thoroughly with soap and running water prior to Streptococci Bacteria occurring in pairs or chains; cause e.g. scarlet serving each patron. Waterless hand washing agents with alcohol as fever and tonsillitis. This is a key word that is often misused. an active ingredient with a concentration of at least 70% are a good Sterilization destroys all forms of microbial life, including spores. substitute for washing hands that are not visibly soiled. Given all of Most activities and services within the barber/cosmetology salons the chemicals and products licensees are exposed to, washing your do not require sterilization. Electrology using needles, ear piercing hands with soap and running water dozens of times per day could and lancing are among a few that do require proper sterilization lead to a rash or raw skin that would subject you to infection. techniques. Sterilization. should be accomplished by use of a dry Consider a waterless agent that meets the 70% minimum. heat or steam sterilizer cleared for marketing by the food and drug HINT: Also consider making a waterless agent available to your administration, used according to manufacturer’s instructions. If clients. steam sterilization, moist heat, is utilized, heat exposure should be Powder puffs, sponges, and emery boards and other contact at a minimum of 121° C., 250° F., for at least 30 minutes. If dry heat equipment that cannot be cleaned with soap or detergent and water sterilization is utilized, heat exposure should be at a minimum of should be disposed of following each use. 171° C., 340° F., for at least 60 minutes. Removing loose hair from a client Sterilizers should be maintained in working order. Equipment should 1. Use disposable linen with a bit of talc to remove loose hair. be checked in compliance with manufacturer’s recommendations at 2. Use the paper neck-strip or towel you placed around the least monthly to ensure that it is reaching required temperatures. client’s neck. When purchasing sterilization equipment be sure to read the 3. Use a vacuum system. Be sure to cup your hand over the nozzle product specifications to ensure compliance with the requirements. so it does not come in contact with the client. You should also consider moist or dry heat equipment depending on All liquids, creams, powders and semi-solid substances should be the utensils you will be sterilizing. dispensed from a container in a manner which will prevent Electrologists take heed: Be sure to distinguish between which items contamination of the unused portion of the substance. can be reused and which are required to be discarded. You can buy a box of 500 tongue depressors for less than $10. Tinea HINT: To save money, you could snap them in half and have 1,000 Contagious disease caused by fungal infection. 9 of 66 for less than $10 Shampoo bowls and basins should be drained after each use and NOTE: Place all items in a sealable plastic bag or similar sanitary kept in a sanitary and safe condition. container.(thebagcanthenbeusedtostoreblood-soakedgauze Have a spray bottle of disinfectant handy to mist your basin after andthrownaway) cleaning it. 5. Protective gloves Clean towels should be used for each patron. A neckstrip or towel A licensee should use disposable protective gloves when dealing should be placed around the neck of the patron to prevent contact with patrons with oozing or open lesions or weeping dermatitis. with the cape. The head rest of any operating chair should be These gloves should be changed between patrons and disposed of covered with fresh linen or paper for each patron. The purpose of after use. Gloves should be removed upon completion of patron this is to keep the cape from touching the client’s skin. Be extra services, and hands washed after glove removal. cautious to place it in such a way that it remains between the skin NOTE: It is recommended that licensees use protective gloves in and the cape. Towels seem to offer the better protection. Neckstrips handling caustic chemicals such as permanent waving solution and cost less but care must be taken that they remain between the neutralizer or hair straightening preparations. The handling of these client’s skin and the cape. Don’t “tie” them on. Place them around substances without protection can cause skin damage which may the neck as flat as possible and “roll” them over the cape after it is provide a route for infection to be transmitted to the licensee. placed around the neck. This will help ensure adequate protection. All other equipment and instruments should be clean to sight and Caustic substances damage whatever they come in contact with. touch. That means your hands. It should be easy to see how abraded skin Remember to keep clean contact equipment in closed storage. A could lead to infection. Protect yourself! drawer on your workstation is acceptable as well as convenient. Foot spa maintenance Disinfection. 1. Drain the water from the foot spa basin or bowl and Unless sterilized, disinfection is required prior to reuse on another remove any visible debris. patron of any personal care instruments, including scissors, razors, 2. Clean the surfaces of the foot spa with soap or detergent, clipper blades and tweezers, excluding tweezers used in electrolysis. rinse with clean water, and drain. Although sterilization is the most thorough method, it is not always 3. After cleaning, disinfect* the surfaces with an EPA- practical. registered hospital disinfectant according to the manufacturer's directions on the label. Surfaces must remain wet with the Example: Exposing an electric clipper to 250 degrees for 30 minutes disinfectant for 10 minutes or the time stated on the label, which could melt the wires. HINT: Buy a can of compressed air. The kind may be shorter. used to clean computer keyboards. You can find it at any office For whirlpool foot spas, air-jet basins, "pipe-less" foot spas, and supply store. Thoroughly spray the clipper blades with the air and other circulating spas: It is best to disinfect by filling the basin with then use one of the many clipper-spray disinfectants that are clean water, adding the appropriate amount of liquid disinfectant, available. and turning the unit on to circulate the disinfectant for the entire The same method can be used for scissors and other personal care contact time. instruments. NOTE: Tweezers used in electrolysis MUST be 4. After disinfection, drain and rinse with clean water. sterilized. Nightly: Scissors, razors, clipper blades and tweezers shouldbedisinfected Maintain pedicure foot spa chair basin cleaning the filter screen, after and before each use on a client. inlet jets, and other removable parts that require special attention Disinfection for combs, lifts, brushes, rollers and any other contact during the disinfecting process. equipment should consist of cleaning with soap and water to For whirlpool foot spas, air-jet basins, "pipe-less" foot spas, and remove all organic material, spraying with an approved and air other circulating spas: drying. 1. Remove the filter screen, inlet jets, and all other removable parts There are lots of disinfectants but not all are tuberculocidal. Be sure from the basin and clean out any debris trapped behind or in them. to read the label! 2. Using a brush, scrub these parts with soap or disinfectant HINT A plastic or hard-rubber shoebox-size covered container is (following cleaning directions). practical, inexpensive and effective for storage of both clean and 3. Rinse the removed parts with clean water and place them back soiled contact equipment. into the basin apparatus. Laundry should be disinfected by washing with a solution containing 4. Fill the basin with clean water and add an EPA-registered hospital a germicidal compound. disinfectant, following label directions. Turn the unit on and NOTE: Bleach and Lysol® (brown bottle) are germicidal compounds. circulate the system with the liquid for 10 minutes, or the label- Remember to keep clean linens in a closed cabinet or container. indicated time if different. (The whirlpool mechanism of the tub If you use a laundry service, be sure to get verification that they use must be operating for the entire disinfection period so the piping adequate disinfection techniques in treating laundry. and internal components that contain hidden bacteria are All work stations should be supplied with at least one type of disinfected.) antiseptic for use by licensees in case of injury. 5. After disinfection, drain, rinse, and air dry. Individually wrapped alcohol pads are an excellent choice. Easy to For simple basins (no circulation): store and excellent shelf life. 1. Drain the basin and remove any visible debris. Bloodborne pathogens 2. Scrub the bowl with a clean brush and soap or disinfectant A bloodborne disease is one that can be spread by contamination by (following cleaning directions). Rinse and drain. blood. The most common examples are HIV, hepatitis B, hepatitis C 3. Disinfect basin surfaces with an EPA-registered hospital and viral hemorrhagic fevers. disinfectant, following manufacturer's instructions. Surfaces must Care must be taken to prevent breaking the skin and drawing blood remain wet with the disinfectant for 10 minutes or the contact time when providing procedures and services using sharp instruments stated on the label. What should I do about this? Use disinfected equipment in a 4. Drain the basin, rinse with clean water, and let air-dry. manner that avoids accidental cutting of the client. If this should Infection control is essential in an establishment to prevent the occur, it is essential that you follow the proper “procedure for spread of disease. To accomplish effective infection control, the exposure to blood” licensee needs to be aware of the causes of disease as well as the What else? Have a first-aid kit available with the following items procedures and products necessary to accomplish safe practice. included: Simplified --- Prevent the spread of pathogenic bacteria by 1. Gloves maintaining a clean and sanitized work environment. 2. Bandages Client Safety 3. 70% alcohol or its equivalent This section offers “tips” and “hints” that will help ensure client 4. Gauze or cotton safety in your establishment. First and foremost, remember 911 in an emergency 10 of 66 Poison control -1-800-222-1222 Severe allergic reaction 1. Don't rub the eye — this may cause further damage. 1. Immediately call 911 or your local medical emergency 2. Don't put anything except water or contact lens saline rinse in number. the eye, and don't use eye drops unless emergency personnel 2. Ask the person if he or she is carrying an epinephrine auto- tellyoutodoso. injector to treat an allergic attack (for example, EpiPen, Fainting Twinject). Fainting occurs when the blood supply to your brain is momentarily 3. If the person says he or she needs to use an auto-injector, ask inadequate, causing you to lose consciousness. This loss of whether you should help inject the medication. This is usually consciousness is usually brief. done by pressing the auto-injector against the person's thigh. Fainting can have no medical significance, or the cause can be a serious disorder. Therefore, treat loss of consciousness as a 4. Have the person lie still on his or her back. medical emergency until the signs and symptoms are relieved and 5. Loosen tight clothing and cover the person with a the cause is known. Discuss recurrent fainting spells with your blanket. Don't give the person anything to drink. doctor. 6. If there's vomiting or bleeding from the mouth, turn the If you feel faint: person on his or her side to prevent choking. 1. Lie down or sit down. To reduce the chance of fainting again, 7. If there are no signs of breathing, coughing or movement, don't get up too quickly. begin CPR. Do uninterrupted chest presses of about two a 2. Place your head between your knees if you sit down. second until paramedics arrive. If someone else faints: 8. Get emergency treatment even if symptoms start to 1. Position the person on his or her back. If the person is improve. After anaphylaxis, it's possible for symptoms to breathing, restore blood flow to the brain by raising the recur. Monitoring in a hospital setting for several hours is person's legs above heart level about 12 inches (30 usually necessary. centimeters) if possible. Loosen belts, collars or other Minor Burns constrictive clothing. To reduce the chance of fainting 1. Cool the burn again, don't get the person up too quickly. If the person doesn't regain consciousness within one minute, call 911 or 2. Cover the burn with sterile gauze your local emergency number. 3. Don’t use ice on a burn 2. Check the person's airway to be sure it's clear. Watch for 4. Don’t apply butter or ointments, this could cause infection vomiting. For more severe burns do all of the above and call 911 3. Check for signs of circulation (breathing, coughing or Chemical Burns movement). If absent, begin CPR. Call 911 or your local 1. Remove the cause of the burn by first brushing any emergency number. Continue CPR until help arrives or the remaining dry chemical and then rinsing the chemical off the person responds and begins to breathe. skin surface with cool, gently running water for 20 minutes or 4. If the person was injured in a fall associated with a faint, more. treat any bumps, bruises or cuts appropriately. Control 2. Remove clothing or jewelry that has been contaminated by the bleeding with direct pressure. chemical. Nosebleeds 3. Wrap the burned area loosely with a dry, sterile dressing or a Nosebleeds are common. Most often they are a nuisance and not a clean cloth. true medical problem. But they can be both. 4. Rewash the burned area for several more minutes if the Among children and young adults, nosebleeds usually originate from person experiences increased burning after the initial the septum, just inside the nose. The septum separates your nasal washing. chambers. Aged and older adults, nosebleeds can begin from the septum, but they may also begin deeper in the nose's interior. This 5. Take an over-the-counter pain reliever. These include aspirin, latter origin of nosebleed is much less common. It may be caused by ibuprofen (Advil, Motrin, others), naproxen (Aleve) or hardened arteries or high blood pressure. These nosebleeds begin acetaminophen (Tylenol). Use caution when giving aspirin to spontaneously and are often difficult to stop. They require a children or teenagers. Though aspirin is approved for use in specialist's help. children older than age 2, children and teenagers recovering To take care of a nosebleed: from chickenpox or flu-like symptoms should never take aspirin. Talk to your doctor if you have concerns. 1. Sit upright and lean forward. By remaining upright, you Chemical splash in the eye reduce blood pressure in the veinsof your nose. This If a chemical splashes into your eye, take these steps immediately: discourages further bleeding. Sitting forward will help you avoid Flush your eye with water. Use clean, lukewarm tap water for at swallowing blood, which can irritate your stomach. least 20 minutes, and use whichever of these approaches is 2. Pinch your nose. Use your thumb and index finger to pinch quickest: your nostrils shut. Breathe through your mouth. Continue to 1. Get into the shower and aim a gentle stream of lukewarm pinch for five to 10 minutes. This maneuver sends pressure to water on your forehead over your affected eye. Or direct the the bleeding point on the nasal septum and often stops the stream on the bridge of your nose if both eyes are affected. flow of blood. Hold your affected eye or eyes open. 3. To prevent re-bleeding after bleeding has stopped, don't 2. Put your head down and turn it to the side. Then hold your pick or blow your nose and don't bend down until several affected eye open under a gently running faucet. hours after the bleeding episode. Keep your head higher than the level of your heart. 3. Young children may do best if they lie down in the bathtub or lean back over a sink while you pour a gentle stream of water 4. If re-bleeding occurs, blow out forcefully to clear your nose on the forehead over the affected eye or on the bridge of the of blood clots and spray both sides of your nose with a nose for both eyes. decongestant nasal spray containing oxymetazoline (Afrin, Wash your hands with soap and water. Thoroughly rinse your hands others). Pinch your nose in the technique described above to be sure no chemical or soap is left on them. Your first goal is to get and call your doctor. the chemical off the surface of your eye, but then you must remove 5. Seek medical care immediately if: the chemical from your hands. a. The bleeding lasts for more than 20 minutes. Remove contact lenses. If they don't come out during the b. The nosebleed follows an accident, a fall or an injury to your flush, then take them out. head, including a punch in the face that may have broken your Caution: nose. 11 of 66 Heart Attack call 911 shoulders, neck, jaw, teeth, or one or botharms. Someone having a heart attack may experience any or all of the 4. Shortness of breath. following: 5. Lightheadedness, dizziness, fainting. 1. Uncomfortable pressure, fullness or squeezing pain in the center 6. Sweating. of the chest. 7. Nausea. 2. Prolonged pain in the upper abdomen. 3. Discomfort or pain spreading beyond the chest to the

Simple tips to ensure a safe experience (in a totally random order) 1. Use clean sanitary equipment. 11. Provide disposable drinking cups. 2. Protect the client by using a neckstrip or towel. 12. Do not perform services when very ill or overtired. 3. Use protective cream when working with chemicals. 13. Read manufacturer’s directions. 4. Keep a towel or cotton handy to catch drips when applying 14. Regularly check product for expiration dates. caustic products such as haircolor, relaxer and perm solution. 15. Tightly seal and properly store all consumable products. 5. It’s also a good idea to give a towel to the client in case you 16. Store poisons in a locked cabinet. don’t see the dripping solution. 17. Do not work under the influence of drugs or alcohol. 6. Don’t let loose hair accumulate on the floor, it can be very slippery. 18. If you drop a comb or brush, push it out of the way until you can safely pick it up. 7. Wipe spills immediately. 19. Maintain electrical devices and perform regular maintenance. 8. Keep a first-aid kit handy. 20. Test water temperature on your wrist before using it on the 9. Keep a fire extinguisher available. client. 10. Keep snow and ice away from your establishment entrance 21. Do “patch” tests for possible allergies to products. and wipe up tracked-in snow or water immediately.

Self-quiz/review

1. _____ Which of the following kills all microbial life, including spores? a. antiseptic b. disinfectant c. sanitation d. sterilization 2. _____ Which of the following slows the growth of harmful bacteria? a. antiseptic b. disinfectant c. sanitation d. sterilization 3. _____ Which of the following destroys harmful bacteria but not all microbial life? a. antiseptic b. disinfectant c. sanitation d. sterilization 4. _____ Which of the following means clean and promoting health? a. antiseptic b. disinfectant c. sanitation d. sterilization 5. _____ Yes or No Christina is a manicurist who reuses disposable emery boards in order to save money. If she thoroughly wipes them clean before reuse, is she complying with the law? 6. _____ Which of the following is the most effective method of killing all microorganisms? a. sanitation b. disinfection c. sterilization d. antiseptic 7. _____ Which of the following kills pathogenic bacteria? a. sanitation b. disinfection c. sterilization d. antiseptic 8. What are the two types of bacteria? ______9. _____ True or False Bacteria cause AIDS 10. What is another name for pediculosis capitis? ______11. What is the egg of pediculosis capitis called? ______12. _____ True or False A parasite is an animal not a plant. 13. What are two common infections caused by fungus? ______14. How can nail fungus be prevented? ______15. What is the best way to ensure artificial nails are applied properly? ______16. What is a legal alternative to washing your hands with soap and water before each client? ______17. If an emery board cannot be properly disinfected, it must be ______after it is used. 18. Name one effective way to remove cream from a jar without contaminating the unused portion. ______19. How often should shampoo basins be drained? ______20. What must be placed around the neck of the patron to prevent contact with the cape? ______Answers 1 d, 2 a, 3 b, 4 c, 5 No, 6 Sterilization, 7 Disinfection, 8 Pathogenic and non-pathogenic or disease producing and non-producing 9 False, virus causes AIDS, 10 Head lice, 11 A nit, 12 False, a parasite can be animal or plant, 13 Ringworm and nail fungus, 14 Proper nail- bed preparation and using clean, sanitary and disinfected equipment, 15 Follow manufacturer’s directions and use disinfected equipment 16 An approved waterless cleansing agent containing at least 70% alcohol, 17, Discarded, 18 Use a tongue depressor and discard it after use, 19 After each use, 20 A paper neck strip or towel

12 of 66 2. Any unfixed tissue or organ (other than intact skin) from a OSHA REQUIREMENTS (1 HOUR CE CREDIT) human (living or dead); and 3. HIV-containing cell or tissue cultures, organ cultures, and HIV- Introduction or HBV-containing culture medium or other solutions; and Because of the types of chemicals and the equipment used in salons, blood, organs, or other tissues from experimental animals it is critical that licensees are familiar with not only safety and infected with HIV or HBV. sanitation procedures but also the State and Federal standards that Oxygen deficient atmosphere means an atmosphere with oxygen govern those standards. OSHA (Occupational Safety and Health content below 19.5% by volume. Administration) which was signed into law on December 30, 1970 Parenteral means piercing mucous membranes or the skin barrier and has the mission is to prevent work-related injuries, illnesses, and through such events as needle sticks, human bites, cuts, and occupational fatality by issuing and enforcing standards for abrasions. workplace safety and health. It is for that reason licensees should Personal Protective Equipment is specialized clothing or equipment be familiar with OSHA regulations. worn by an employee for protection against a hazard. General work The information that follows outlines the requirements and provides clothes (e.g., uniforms, pants, shirts or blouses) not intended to suggestions for a safe work environment. function as protection against a hazard are not considered to be Vocabulary personal protective equipment. Air-purifying respirator means a respirator with an air-purifying Source Individual means any individual, living or dead, whose blood filter, cartridge, or canister that removes specific air contaminants or other potentially infectious materials may be a source of by passing ambient air through the air-purifying element. occupational exposure to the employee. Examples include, but are Asthma A respiratory disease that narrows air passages and results not limited to, hospital and clinic patients; clients in institutions for in breathing difficulties. the developmentally disabled; trauma victims; clients of drug and Bloodborne Pathogens alcohol treatment facilities; residents of hospices and nursing Blood means human blood, human blood components, and products homes; human remains; and individuals who donate or sell blood or made from human blood. blood components. Note: As per OSHA regulations, it is the responsibility of the Sterilize means the use of a physical or chemical procedure to employer to evaluate the potential for contact with blood or other destroy all microbial life including highly resistant bacterial potentially infectious material among his or her employees. If the endospores. employer determines that such a potential exists, then he or she Work Practice Controls means controls that reduce the likelihood of must provide all the protections of the standard to the exposed exposure by altering the manner in which a task is performed (e.g., employees, including training, vaccination, and personal protective prohibiting recapping of needles by a two-handed technique). equipment. How can I reduce employee injuries and illnesses? Compliance Contaminated means the presence or the reasonably anticipated with OSHA rules is essential. Compliance along with an effective presence of blood or other potentially infectious materials on an voluntary safety and health program can help reduce your costs and item or surface. injuries and illnesses. An organized, carefully crafted plan that Contaminated Laundry means laundry which has been soiled with systematically focuses on workplace hazards and employee training blood or other potentially infectious materials or may contain is critical. Buy-in from every manager and employee is essential. sharps. Everyone has to work at safety and health. Decontamination means the use of physical or chemical means to Air quality checklist remove, inactivate, or destroy bloodborne pathogens on a surface 1. Do strong odors linger for more than 10 minutes? or item to the point where they are no longer capable of 2. Canstrongodorsbedetectedatadistancefromthesource(ie transmitting infectious particles and the surface or item is rendered the other side of the room)? safe for handling, use, or disposal. 3. Do you still smell product odors when you open the salon in the Dermatitis Inflammation of the skin. morning? Employee exposure means exposure to a concentration of an 4. Do the walls ever “sweat” with moisture or the windows airborne contaminant that would occur if the employee were not become foggy? using respiratory protection. 5. Do clients complain of offensive odors? Note: This often occurs in nail salons using solvents and other 6. Do you ever have to open the window or door because the products associated with artificial nails. odors become too strong? Exposure Incident means a specific eye, mouth, other mucous Ifyouansweredyestooneormoreoftheabovequestions,the membrane, non-intact skin, or parenteral contact with blood or ventilation at your workplace could need improvement. other potentially infectious materials that results from the performance of an employee's duties. What's a worksite analysis and how often do I have to do it? A Filter or air purifying element means a component used in worksite analysis means that you and your employees analyze all respirators to remove solid or liquid aerosols from the inspired air. worksite conditions to identify and eliminate existing or potential Hand washing Facilities means a facility providing an adequate hazards. This should be done on a regular and timely basis. There supply of running potable water, soap and single use towels or hot should be a current hazard analysis for all jobs and processes that all air drying machines. employees know and understand. To do this, it is helpful to: HBV means hepatitis B virus. 1. Request a free OSHA Consultation visit HIV means human immunodeficiency virus. 2. Become aware of hazards in your industry MSDS Material Safety Data Sheets a form with data regarding the 3. Create safety teams properties of a particular substance. 4. Encourage employees to report workplace hazards Occupational Exposure means reasonably anticipated skin, eye, 5. Examine history of worksite conditions mucous membrane, or parenteral contact with blood or other 6. Have an adequate system for reporting hazards 7. Have trained personnel conduct inspections of the worksite and potentially infectious materials that may result from the correct hazards performance of an employee's duties. 8. Ensure that any changes in process or new high-hazard facilities OSHA Occupational Safety and Health Administration. are reviewed by a competent person Other Potentially Infectious Materials means 9. Seek assistance from safety and health experts. (See also OSHA 1. The following human body fluids: semen, vaginal secretions, publication 3071 – Job Hazard Analysis for steps in identifying cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, and protecting against workplace hazards) peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body After I identify hazards at my worksite, how can I prevent or fluids in situations where it is difficult or impossible to control them? differentiate between body fluids; The next part of a good safety and health program is your 13 of 66 continual review of your work environment and work practices to control or prevent workplace hazards. This can be exposure. Simply touching, inhaling, or smelling a potentially done when you: hazardous substance can't harm you. Exceeding the safe level of exposure is the danger we must learn to avoid! 1. Regularly and thoroughly maintain equipment Some chemicals are dangerous even in tiny amounts and are not 2. Ensure that hazard correction procedures are in place suited for salon use. Professional products are formulated to be as 3. Ensure that employees know how to use and maintain personal safe as possible, though no nail product or other cosmetic product is protective equipment free from all risks. A normally safe product can become dangerous if 4. Ensure that all employees understand and follow safe work used incorrectly. Even gardeners and mechanics must follow safe procedures working procedures. 5. Make sure that, where necessary, you have a medical program Reduce Your Exposure tailored to your facility to help prevent workplace hazards and exposures. Material Safety Data Sheets provide information to all chemical workers, including nail technicians. MSDS help firefighters deal with chemical fires or clean up large spills, and doctors to treat What else can I do to minimize potential accidents and injuries? accidental poisonings. Any professional product that contains a It is important that everyone in the workplace be properly trained, potentially hazardous substance has an MSDS. What can you learn from the floor worker to the supervisors, managers, contractors, and from an MSDS? part-time and temporary employees. This can be done when you: 1. Potentially hazardous ingredients found in each product. 1. Allow only properly authorized and instructed employees to do 2. Proper storage and fire prevention. any job 3. Ways to prevent hazardous chemicals from entering the body. 2. Make sure no employees do any job that appears unsafe 4. The short and long-term health effects of overexposure. 3. Hold emergency preparedness drills for employees 5. Early warning signs of product overexposure. 4. Pay particular attention to employees learning new operations to 6. Emergency first aid advice. make sure they have the proper job skills and awareness of 7. Emergency phone numbers. hazards 8. Safe handling techniques. 5. Train supervisors and managers to recognize hazards and There are only three ways that a potentially hazardous chemical can understand their responsibilities enter the body. If you block these 'routes of entry', you will 6. Encourage all employees to report any hazardous conditions to automatically lower your exposure. their supervisors. 1. Inhalation by breathing vapors, mists, or dusts. "Material Safety Data Sheets." 2. Absorption through the skin or broken tissue. Chemical manufacturers and importers shall obtain or develop a 3. Unintentional or accidental ingestion. material safety data sheet for each hazardous chemical they The human body is very rugged and complex, giving early warning produce or import. Employers shall have a material safety data sheet signs of overexposure. Unfortunately, these symptoms are often in the workplace for each hazardous chemical which they use. ignored. For instance, overexposure to some solvents can make you feel very tired or keep you from sleeping. Overexposure can cause Note: Typically, OSHA does not require salons to maintain MSDS, but headaches, nausea, angry or frustrated feelings, nosebleeds, coughs, it is considered good business practice to have them on hand for dizziness, tingling fingers and toes, dry or scratchy nose and throat, clients that may request them. puffy red and irritated skin, itching, and many other In the control of those occupational diseases caused by breathing air symptoms. Watching for these acute symptoms will help you avoid contaminated with harmful dusts, fogs, fumes, mists, gases, smokes, more serious, long-term problems. sprays, or vapors, the primary objective shall be to prevent Plan Ahead atmospheric contamination. This shall be accomplished as far as Accidents happen when they are least expected. feasible by accepted engineering control measures (for example, 1. Keep products capped or covered when not in use. enclosure or confinement of the operation, general and local 2. Empty waste containers regularly. ventilation, and substitution of less toxic materials). When effective 3. Just because you don't smell anything doesn't mean there are no engineering controls are not feasible, or while they are being vapors in the air. Keeping products closed will drastically instituted, appropriate respirators shall be used. reduce the amount of vapors released by 'volatile' or evaporating liquids. A respirator shall be provided to each employee when such 4. Avoid pressurized spray cans and use metal waste containers equipment is necessary to protect the health of such employee. The with pop-up lids. employer shall provide the respirators which are applicable and 5. Surgical type masks (often called dust masks) are completely suitable for the purpose intended. The employer shall be responsible ineffective against vapors. These masks should only be used to for the establishment and maintenance of a respiratory protection keep dust particles out of your lungs. program, which shall include the requirements outlined in paragraph 6. Never use a dust mask to protect yourself from vapors. Vapors (c) of this section. The program shall cover each employee required are far too small to be 'filtered' by dust masks. Use a mist mask by this section to use a respirator. if you spray anything. Playing it Safe 7. Some high-quality masks are also effective against mists. These Most people believe chemicals are dangerous or toxic substances. are called mist-rated masks; however, they too are ineffective Ask someone about chemicals and they might mention toxic waste against vapors. dumps or factories dumping poisonous waste into streams. Actually, 8. Always wear a dust mask when filing, especially if you use a everything we see and touch is a chemical, except for light and drill. electricity. Air is a combination of many chemicals; oxygen, 9. Our lungs can handle a lot of dusts because it has ways of hydrogen and nitrogen. Clean, pure mountain stream water is a removing and disposing of inhaled dusts. When you inhale chemical. A newborn baby's skin is 100% chemical. more than the lungs can handle, you increase your risk. Drills Why do people only think of chemicals in a negative way? It is make much smaller dust particles than files or emery boards. because of the dramatized and exaggerated images created by the These smaller particles lodge deeper into the lungs, making media. These images are misleading and inaccurate. The truth is, them more hazardous to your health. Drills spin in a clock-wise 99% of the chemicals we come in contact with in our lives are direction and will actually 'throw' the dust in your face, and completely safe and beneficial. Water is the most common salon remain in your breathing-zone up to 60% longer than the dusts chemical. Water can be very dangerous! In fact, it can kill you from hand filing. These smaller particles will settle on every within minutes. Try sticking your head in a bucket full of water for 5 surface and even the slightest breeze will send them back into minutes. Foolish? Yes! Since we were very young, our parents your air. taught us the potential hazards of water; it is dangerous to swim after 10. Never judge product safety by odor. a big meal or use a blow dryer in the bathtub, and not to drive fast on 11. What is the most dangerous misconception about chemicals in wet pavement. We all learned the rules, and the same holds true for the salon industry? Many believe that they can tell how safe or salon chemicals. There are 'safe working' rules we must follow, or dangerous a chemical is simply by its odor! Wrong! A we will suffer the consequences. Every chemical can be safe and chemical's smell has absolutely nothing to do with its safety. every chemical can be dangerous -- it's up to you! Some of the most dangerous substances known have very sweet, No chemical in the world can be harmful unless you overexpose pleasant fragrances. yourself. Every chemical substance has a safe and unsafe level of 14 of 66 12. Never smoke, eat or drink in the salon. Always store food away Examples of Work Problems from salon chemicals and wash your hands before eating or Awkward postures require greater muscular effort and lead to going to the restroom. A cigarette lighter will produce a spark greater fatigue, particularly when holding a position for a long time. that may ignite flammable liquids and vapors. Awkward postures occur when joints are working away from the 13. Coffee cups can easily collect dusts. Hot liquids, like coffee and normal position. tea, will absorb vapors right out of the air. Dusts can settle on 1. back bent or twisted, e.g. washing hair your food, and your food can absorb the vapors. Think not? 2. neck bent forward or twisted, e.g. applying color Lay a piece of bread on your table in the morning, then take it 3. shoulders raised outside with you at the end of the day. What is that smell? 4. upper arms held out to the sides and away from the body, e.g. Chemical vapors! 14. You should always wear approved safety glasses whenever you massage, cutting hair work and should give your client a pair to wear as well. 5. wrist bent or twisted, e.g. setting rollers, stabilizing hand when 15. Your client may love you and think you are the greatest nail filing nails technician in the world. But, if you accidentally splash primer Repetition and duration or wrap monomer in their eyes, you have lost a friend and Continually repeating a movement, particularly with a forceful gained a lawsuit! You are responsible for the client's safety exertion, increases the risk of injury. while in your care. Long durations of awkward postures or repetitive work are also a 16. Soft contact lenses can absorb vapors from the air -- never wear risk. contact lenses in the salon, and wash your hands before touching 1. rolling hair the eye area. 2. applying color 17. Wearing contacts while in the salon is risky as vapors will 3. filing nails collect in the soft lenses and make them un-wearable. Even if 4. prolonged sitting or standing you wear safety glasses, the vapors are still absorbed. The 5. prolonged bending or leaning, e.g. electrolysis. contaminated lens can etch the surface of the eye and cause Work area design permanent damage. Should an accidental spill occur, the liquid The work area design and layout may require workers to bend or will 'wick' under the lens, making proper cleansing of the eye reach to perform tasks. more difficult. 18. Treat all chemical products with respect. Don't be fooled by 1. equipment and materials not located close to the worker marketing terms like "nontoxic", "natural", and "organic." causing workers to bend, reach or twist 19. Organic simply means the chemical contains carbon in its 2. non-adjustable chairs and benches structure. Most things on earth are organic. Cow dung, poison 3. work surfaces too high or too low ivy, and road tar are all 100% organic and natural. Natural 4. poor lighting simply means "occurring in nature." Nature is a wicked place; 5. hard, slippery floors filled with poisonous substances. Natural doesn't mean a 6. work surfaces too wide or narrow product is safe, wholesome, or even better. 7. leaning or supporting elbows or arms on work surfaces 20. Don't judge a chemical by what it CAN do -- what's important is Use of tools how easily you can prevent the potential hazard. Poor design and excessive use of hand tools contributes to disorders 21. Alcohol (in beer and wine) CAN cause liver damage -- if you of the wrist, elbow and shoulder. drink a couple quarts a day for 5 years! It won't happen because 1. working with heavy tools you have a margarita with lunch. 2. difficult or awkward hand grips 22. There is no need to fear chemicals, just be careful and wise. 3. vibrating tools eg. electric nail files and drills 23. Know your products, read and understand the MSDS, read all Load handling product warning labels, and follow the manufacturer’s Supporting a weight while holding arms away from the body application guidelines for all your salon products. 24. To reduce exposure to vapors, ventilate, don't circulate! increases stress to the back and shoulders. 25. Air-conditioning units are designed to circulate the existing air 1. working with heavy tools eg. holding a blow dryer away from in a room. A ventilation system will 'remove' the existing air the body and draw fresh air into the room. Vented manicuring stations 2. holding a body part while waxing will help 'control' dusts and vapors, but only if the charcoal filter 3. carrying heavy boxes of product to storage is changed regularly Individual factors Possible injuries include For new, young, older, pregnant and inexperienced workers, the risk Allergic reactions of injury is increased. The type of clothes people wear can also have Bacterial infections an impact. Chemical burns 1. lack of training in specific tasks Laser burns 2. no period of physical adjustment provided Scar injuries 3. wearing shoes with an elevated heel Risk Factor

15 of 66 Self-quiz/review True or False 1. _____ OSHA regulates safety in the workplace. 2. _____ MSDS are required for all potentially hazardous products used in the salon. 3. _____ Bloodborne pathogens should be of no concern to the licensee. 4. _____ Proper disinfection techniques will aid in prevention of the spread of disease. 5. _____ It is the owner’s responsibility to provide the necessary equipment for a safe working environment in the salon. 6. _____ If OSHA determines that the salon presents a risk of air contamination, they could require the owner to install ventilation equipment. 7. _____ OSHA only has jurisdiction in very large companies. 8. _____ Smelling a product is the best way to determine if it is hazardous. 9. _____ If you smell product odors when you open the salon in the morning, opening a window should be all that is necessary to correct the problem. 10. _____ HBV is the virus that causes AIDS. 11. _____ OSHA requires salons to have MSDS for every product they use. 12. _____ Repetitive motion injuries are common in the cosmetology/nail industry. 13. _____ Improper use of tools in the salon can lead to muscle injuries. 14. _____ If your work environment presents a health or safety hazard, it would be legal for OSHA to require you to close for business. 15. _____ OSHA is a Florida organization. Not a Federal organization.

Answers: 1 T, 2 T, 3 F, 4 T, 5 T, 5 T, 6 T, 7 F, 8 F, 9 F, 10 F, 11 F, 12 T, 13 T, 14 T, 15 F

16 of 66 born out of wedlock dependent upon the deceased, but does not WORKERS' COMPENSATION (1 CE CREDIT) include married children unless wholly dependent on the employee. Grandchild means a child as above defined of a child as above defined. Brother and sister include stepbrothers and stepsisters, Introduction half-brothers and half-sisters, and brothers and sisters by adoption, Workers' compensation, known as workers ‘comp is a form of but does not include married brothers or married sisters unless insurance that provides wage replacement and medical benefits for wholly dependent on the employee. Child, grandchild, brother, and employees who are injured in the course of employment, in sister include only persons who at the time of the death of the exchange for mandatory relinquishment of the employee's right to deceased employees are under 18 years of age, or under 22 years of sue his or her employer for negligence. The tradeoff between age if a full-time student in an accredited educational institution. assured, limited coverage and lack of recourse outside the worker Compensation means the money allowance payable to an employee compensation system is known as the compensation bargain. While or to his or her beneficiary. plans differ between jurisdictions, provision can be made for weekly Date of maximum medical improvement means the date after payments in place of wages (functioning in this case as a form of which further recovery from, or lasting improvement to, an injury or disability insurance), compensation for economic loss (past and disease can no longer reasonably be anticipated, based upon future), reimbursement or payment of medical and like expenses reasonable medical probability. (functioning in this case as a form of health insurance), and benefits Death as a basis for a right to compensation means only death payable to the dependents of workers killed during employment resulting from an injury. (functioning in this case as a form of life insurance). General Department means the Department of Financial Services; the term damages for pain and suffering, and punitive damages for employer does not include the Financial Services Commission or any office of negligence, are generally not available in worker compensation the commission. plans. Disability means incapacity because of the injury to earn in the same Workers' compensation is administered on a state-by-state basis, or any other employment the wages which the employee was with a state governing board overseeing varying public/private receiving at the time of the injury. combinations of workers compensation systems. The federal Division means the Division of Workers' Compensation of the government has its own workers' compensation program. In the Department of Financial Services. vast majority of states, workers' compensation is solely provided by Employee means any person who receives remuneration from an private insurance companies. employer for the performance of any work or service while engaged Workers' Compensation in Florida in any employment under any appointment or contract for hire or Florida workers’ compensation (WC) is a statutory program defined apprenticeship, express or implied, oral or written, whether lawfully primarily by Chapter 440 Florida Statutes. Florida WC provides two or unlawfully employed, and includes, but is not limited to, aliens primary benefits to workers with work-related injuries or illnesses. and minors. Employee includes a sole proprietor or a partner who is Medical care is defined by F.S. 440.13. Medical benefits may be not engaged in the construction industry, devotes full time to the delivered through a managed care plan, at the option of the proprietorship or partnership, and elects to be included in the employer. Indemnity, or income replacement, benefits are defined definition of employee by filing notice thereof as provided in s. by F.S. 440.15. Indemnity is divided into temporary and permanent. 440.05. Indemnity is therefore potentially available for temporary total, Employer means the state and all political subdivisions thereof, all temporary partial, permanent partial, and permanent total. public and quasi-public corporations therein, every person carrying Governmental oversight responsibility for the system is divided on any employment, and the legal representative of a deceased between the Division of Workers’ Compensation (DWC) and the person or the receiver or trustees of any person. Employer also Office of the Judges of Compensation Claims (OJCC). The DWC is part includes employment agencies, employee leasing companies, and of the Department of Financial Services (DFS) and regulates the similar agents who provide employees to other persons. If the reporting of workplace injuries and illnesses. Insurance companies employer is a corporation, parties in actual control of the and self-insured employers are obligated to report claim information corporation, including, but not limited to, the president, officers to the DWC thereafter. Examples of required data submissions who exercise broad corporate powers, directors, and all include payment of medical bills, inception and cessation of shareholders who directly or indirectly own a controlling interest in indemnity benefits, and closure of the claim. The DWC also provides the corporation, are considered the employer for the purposes of ss. advice and assistance to injured workers through the Ombudsman 440.105, 440.106, and 440.107. or Employee Assistance Office, commonly called the EAO. Employment, subject to the other provisions of this chapter, means 440.015 Legislative intent. any service performed by an employee for the person employing It is the intent of the Legislature that the Workers' Compensation him or her. Law be interpreted so as to assure the quick and efficient delivery of Injury means personal injury or death by accident arising out of and disability and medical benefits to an injured worker and to facilitate in the course of employment, and such diseases or infection as the worker's return to gainful reemployment at a reasonable cost to naturally or unavoidably result from such injury. Damage to the employer. dentures, eyeglasses, prosthetic devices, and artificial limbs may be Vocabulary included in this definition only when the damage is shown to be part Accident means only an unexpected or unusual event or result that of, or in conjunction with, an accident. This damage must specifically happens suddenly. An injury or disease caused by exposure to a occur as the result of an accident in the normal course of toxic substance, including, but not limited to, fungus or mold, is not employment. an injury by accident arising out of the employment unless there is Permanent impairment means any anatomic or functional clear and convincing evidence establishing that exposure to the abnormality or loss determined as a percentage of the body as a specific substance involved, at the levels to which the employee was whole, existing after the date of maximum medical improvement, exposed, can cause the injury or disease sustained by the employee. which results from the injury. (2) Adoption or adopted means legal adoption prior to the time of Sole proprietor means a natural person who owns a form of the injury. business in which that person owns all the assets of the business and Agency means the Agency for Health Care Administration. is solely liable for all the debts of the business. Carrier means any person or fund authorized under s. 440.38 to Wages means the money rate at which the service rendered is insure under this chapter and includes a self-insurer, and a recompensed under the contract of hiring in force at the time of the commercial self-insurance fund authorized under s. 624.462. injury and includes only the wages earned. Casual as used in this section refers only to employments for work Arising out of pertains to occupational causation. An accidental that is anticipated to be completed in 10 working days or less, injury or death arises out of employment if work performed in the without regard to the number of persons employed, and at a total course and scope of employment is the major contributing cause of labor cost of less than $500. the injury or death. Child includes a posthumous child, a child legally adopted prior to the injury of the employee, and a stepchild or acknowledged child 17 of 66 Note: The sections that follow are not the entire statute. They are Every employer coming within the provisions of this chapter shall be intended to be items most relevant to the salon industry. For a liable for, and shall secure, the payment to his or her employees, or complete listing of the Workers’ Compensation Law, see chapter 440 any physician, surgeon, or pharmacist providing services under the of the Florida State Statutes. provisions of s. 440.13 440.101 Legislative intent; drug-free workplaces. 440.055 Notice requirements. It is the intent of the Legislature to promote drug-free workplaces in An employer who employs fewer than four employees, who is order that employers in the state be afforded the opportunity to permitted by law to elect not to secure payment of compensation maximize their levels of productivity, enhance their competitive under this chapter, and who elects not to do so shall post clear positions in the marketplace, and reach their desired levels of written notice in a conspicuous location at each worksite directed to success without experiencing the costs, delays, and tragedies all employees and other persons performing services at the worksite associated with work-related accidents resulting from drug abuse by of their lack of entitlement to benefits under this chapter. employees. It is further the intent of the Legislature that drug abuse The employer must pay compensation or furnish benefits required be discouraged and that employees who choose to engage in drug by this chapter if the employee suffers an accidental compensable abuse face the risk of unemployment and the forfeiture of workers' injury or death arising out of work performed in the course and the compensation benefits. scope of employment. 440.107 Department powers to enforce employer compliance with This chapter does not require any compensation or benefits for any coverage requirements. subsequent injury the employee suffers as a result of an original The Legislature finds that the failure of an employer to comply with injury arising out of and in the course of employment unless the the workers' compensation coverage requirements under this original injury is the major contributing cause of the subsequent chapter poses an immediate danger to public health, safety, and injury. Major contributing cause must be demonstrated by medical welfare. evidence only. 440.14 Determination of pay. If an injury arising out of and in the course of employment combines Except as otherwise provided in this chapter, the average weekly with a preexisting disease or condition to cause or prolong disability wages of the injured employee on the date of the accident shall be or need for treatment, the employer must pay compensation or taken as the basis upon which to compute compensation. benefits required by this chapter only to the extent that the injury 440.151 Occupational diseases. arising out of and in the course of employment is and remains more Where the employer and employee are subject to the provisions of than 50 percent responsible for the injury as compared to all other the Workers' Compensation Law, the disablement or death of an causes combined and thereafter remains the major contributing employee resulting from an occupational disease as hereinafter cause of the disability or need for treatment. Major contributing defined shall be treated as the happening of an injury by accident, cause must be demonstrated by medical evidence only. notwithstanding any other provisions of this chapter, and the Compensation is not payable if the injury was occasioned primarily employee or, in case of death, the employee's dependents shall be by the intoxication of the employee; by the influence of any drugs, entitled to compensation as provided by this chapter. barbiturates, or other stimulants not prescribed by a physician; or by 440.16 Compensation for death. the willful intention of the employee to injure or kill himself, herself, If death results from the accident within 1 year thereafter or follows or another. continuous disability and results from the accident within 5 years Upon the denial of benefits in accordance with this section, a judge thereafter, the employer shall pay: of compensation claims shall have the jurisdiction to order any Within 14 days after receiving the bill, actual funeral expenses not to benefits payable to the employee to be paid into the court registry exceed $7,500. or an escrow account during the pendency of an appeal or until such (b) Compensation, in addition to the above, in the following time as the time in which to file an appeal has expired. percentages of the average weekly wages to the following persons If injury is caused by the knowing refusal of the employee to use a entitled thereto on account of dependency upon the deceased, and safety appliance or observe a safety rule required by statute or in the following order of preference, subject to the limitation lawfully adopted by the department, and brought prior to the provided in subparagraph 2., but such compensation shall be subject accident to the employee's knowledge, or if injury is caused by the to the limits provided in s. 440.12(2), shall not exceed $150,000, and knowing refusal of the employee to use a safety appliance provided may be less than, but shall not exceed, for all dependents or persons by the employer, the compensation as provided in this chapter shall entitled to compensation, 66 2/3 percent of the average wage: be reduced 25 percent. To the spouse, if there is no child, 50 percent of the average weekly To ensure that the workplace is a drug-free environment and to wage, such compensation to cease upon the spouse's death. deter the use of drugs and alcohol at the workplace, if the employer 440.192 Procedure for resolving benefit disputes. has reason to suspect that the injury was occasioned primarily by Any employee may, for any benefit that is ripe, due, and owing, file the intoxication of the employee or by the use of any drug, as by certified mail, or by electronic means approved by the Deputy defined in this chapter, which affected the employee to the extent Chief Judge, with the Office of the Judges of Compensation Claims. that the employee's normal faculties were impaired, and the 440.54 Violation of child labor law. employer has not implemented a drug-free workplace pursuant to If the judge of compensation claims determines that an injured ss. 440.101 and 440.102, the employer may require the employee to employee at the time of an accident is a minor employed, permitted, submit to a test for the presence of any or all drugs or alcohol in his or suffered to work in violation of any of the provisions of the child or her system. labor laws of Florida, the employer shall, in addition to the normal 440.093 Mental and nervous injuries. compensation and death benefits provided by this chapter, pay such A mental or nervous injury due to stress, fright, or excitement only is additional compensation as the judge of compensation claims may not an injury by accident arising out of the employment. Nothing in determine according to the circumstances of the case or the this section shall be construed to allow for the payment of benefits seriousness of the violation; however, the total compensation so under this chapter for mental or nervous injuries without an payable shall not exceed double the amount otherwise payable accompanying physical injury requiring medical treatment. A under this chapter. The employer alone, and not the insurance physical injury resulting from mental or nervous injuries carrier, shall be liable for the increased compensation or increased unaccompanied by physical trauma requiring medical treatment death benefits provided for by this section. Any provision in an shall not be compensable under this chapter. insurance policy undertaking to protect an employer from such 440.10 Liability for compensation. increased liability shall be void.

18 of 66 Questions and Answers about Workers’ Compensation in Florida How soon am I covered under Workers’ Comp after I am hired? You are covered the first day on the job.

How soon after an accident on the job should I report it to my employer? You have 30 days but should report it as soon as possible to insure your claim won’t be denied.

As a salon owner, where do I buy Workers’ Compensation Insurance? In Florida there are many private carriers that sell the insurance. Check with the agent that handles the rest of your business insurances. Be sure you deal with an authorized dealer.

What can I expect for payments if I qualify for Workers’ Comp benefits? 100% of medical bills and 66.6% of average weekly pay for the previous year.

I only employ 2 people. Should I buy Workers’ Compensation Insurance? Even if your small business is not required to carry Workers Compensation Insurance, you should strongly consider carrying it on a voluntary basis. Since Workers’ Comp is based on a no fault system, opting into it means that you can no longer be sued on a direct basis by an injured employee.

What can I do if my employer does not report my injury to Workers’ Compensation? You can report the injury yourself. Your employer has 30 days to report it but it is best to report it as soon as possible. I own a salon, how much will I pay for Workers’ Compensation Insurance? The rate depends on the wages paid to the employee. A very rough estimate would be $200 - $400 per year, per employee.

If treatment of my injury requires prescription medication, is the cost covered by the insurance? Yes. All necessary medical costs are covered.

Is there any type of co-pay required for medical treatment? No. All costs are covered.

How long must I be off work because of an injury to qualify for benefits? Under Florida law, you must be off for 7 days before you qualify. However, if you are off more than 21 days, you will be paid for the first 7 days.

How much income tax must I pay on benefits I receive from the insurance? None. Workers’ Compensation benefits are not taxable. Once you return to work, you will be required to pay taxes on your earnings.

How long does it take before benefit payments begin? The first check is typically received in about 3 weeks.

If I am off work due to a work related injury and collecting Workers’ Comp benefits, can I also collect unemployment benefits. No. In order to collect unemployment benefits you must be “fit to work”. Since you are collecting benefits because you are not “fit to work”, you would not qualify for unemployment.

Who can I contact if I have a dispute about benefits? Contact the Florida Division of Worker’s Compensation at (800) 342-1741 or email them at [email protected]

Self-quiz/review

True or False (Note: WCI = Workers’ Compensation Insurance)

1. _____ You must be working for at least 6 months to qualify for WCI. 2. _____ The cost of WCI is split between the employer and employee? 3. _____ If you are receiving benefits under WCI, you will be responsible for co-pay for medicine. 4. _____ All salon owners in Florida are required to carry WCI. 5. _____ Chapter 440 of Florida State Statutes regulates WCI. 6. _____ The approximate benefit for wages is about 66.6% of your average wage for the previous year. 7. _____ If a salon owner only has 1 employee, they are not allowed to purchase WCI. 8. _____ If you are off work collecting WCI benefits, you also qualify for Unemployment Insurance. 9. _____ WCI is regulated solely by the Federal Government. 10. _____ Employers have 60 days to report injuries to WCI.

19 of 66 STATE & FEDERAL LAWS AND RULES (2 HOURS CE CREDIT) Introduction The Florida Division of Professional Regulation (DBPR) is the enforcement authority for the professional boards and programs. It monitors those professions and related businesses to ensure that the laws, rules and standards set by the Legislature and professional boards are followed. The mission statement of the DBPR is simple: “license efficiently, regulate fairly”. The Division is also charged with “protecting the public health” The guidelines followed by the Division are Florida laws and Board Rules. An important distinction that should be noted is: Laws are enacted by the State Legislature. Rules are developed and published by the Board as a further clarification of the Laws. Both Laws and Rules are legally binding on the licensees. 477.011 Short title. This act shall be known and may be cited as (13) “Skin care services” means the treatment of the skin of the the “Florida Cosmetology Act.” body, other than the head, face, and scalp, by the use of a sponge, 477.012 Purpose. The Legislature deems it necessary in the brush, cloth, or similar device to apply or remove a chemical interest of public health to regulate the practice of cosmetology in preparation or other substance, except that chemical peels may be this state. However, restrictions shall be imposed only to the extent removed by peeling an applied preparation from the skin by hand. necessary to protect the public from significant and discernible Skin care services must be performed by a licensed cosmetologist or danger to health and not in a manner which will unreasonably affect facial specialist within a licensed cosmetology or specialty salon, and the competitive market. Further, consumer protection for both such services may not involve massage, as defined in s. 480.033(3), health and economic matters shall be afforded the public through through manipulation of the superficial tissue. legal remedies provided for in this act. 477.0132 Hair braiding, hair wrapping, and body wrapping Vocabulary registration. 477.013 Definitions. As used in this chapter: (1)(a) Persons whose occupation or practice is confined solely to (1) “Board”meanstheBoardofCosmetology. hair braiding must register with the department, pay the applicable (2) “Department” means the Department of Business and registration fee, and take a two-day 16-hour course. The course shall Professional Regulation. be board approved and consist of 5 hours of HIV/AIDS and other (3) “Cosmetologist” means a person who is licensed to engage in communicable diseases, 5 hours of sanitation and sterilization, 4 the practice of cosmetology in this state under the authority of this hours of disorders and diseases of the scalp, and 2 hours of studies chapter. regarding laws affecting hair braiding. (4) “Cosmetology” means the mechanical or chemical treatment of (b) Personswhoseoccupationorpracticeisconfinedsolelytohair the head, face, and scalp for aesthetic rather than medical purposes, wrapping must register with the department, pay the applicable including, but not limited to, hair shampooing, hair cutting, hair registration fee, and take a one-day 6-hour course. The course shall arranging, hair coloring, permanent waving, and hair relaxing for be board approved and consist of education in HIV/AIDS and other compensation. This term also includes performing hair removal, communicable diseases, sanitation and sterilization, disorders and including wax treatments, manicures, pedicures, and skin care diseases of the scalp, and studies regarding laws affecting hair services. wrapping. (5) “Specialist” means any person holding a specialty registration (c) Unless otherwise licensed or exempted from licensure under in one or more of the specialties registered under this chapter. this chapter, any person whose occupation or practice is body (6) “Specialty” means the practice of one or more of the following: wrapping must register with the department, pay the applicable (a) Manicuring, or the cutting, polishing, tinting, coloring, registration fee, and take a two-day 12-hour course. The course shall cleansing, adding, or extending of the nails, and massaging of the be board approved and consist of education in HIV/AIDS and other hands. This term includes any procedure or process for the affixing communicable diseases, sanitation and sterilization, disorders and of artificial nails, except those nails which may be applied solely by diseases of the skin, and studies regarding laws affecting body use of a simple adhesive. wrapping. (b) Pedicuring, or the shaping, polishing, tinting, or cleansing of the (d) Only the board may review, evaluate, and approve a course nails of the feet, and massaging or beautifying of the feet. required of an applicant for registration under this subsection in the (c) Facials, or the massaging or treating of the face or scalp with occupation or practice of hair braiding, hair wrapping, or body oils, creams, lotions, or other preparations, and skin care services. wrapping. A provider of such a course is not required to hold a (7) “Shampooing”meansthewashingofthehairwithsoapand license under chapter 1005. water or with a special preparation, or applying hair tonics. (2) Hair braiding, hair wrapping, and body wrapping are not (8) “Specialty salon” means any place of business wherein the required to be practiced in a cosmetology salon or specialty salon. practice of one or all of the specialties as defined in subsection (6) When hair braiding, hair wrapping, or body wrapping is practiced are engaged in or carried on. outside a cosmetology salon or specialty salon, disposable (9) “Hair braiding” means the weaving or interweaving of natural implements must be used or all implements must be sanitized in a human hair for compensation without cutting, coloring, permanent disinfectant approved for hospital use or approved by the federal waving, relaxing, removing, or chemical treatment and does not Environmental Protection Agency. include the use of hair extensions or wefts. (3) Pending issuance of registration, a person is eligible to practice (10) “Hair wrapping” means the wrapping of manufactured hair braiding, hair wrapping, or body wrapping upon submission of a materials around a strand or strands of human hair, for registration application that includes proof of successful completion compensation, without cutting, coloring, permanent waving, of the education requirements and payment of the applicable fees relaxing, removing, weaving, chemically treating, braiding, using hair required by this chapter. extensions, or performing any other service defined as cosmetology. 477.0135 Exemptions. (11) “Photography studio salon” means an establishment where (1) This chapter does not apply to the following persons when the hair-arranging services and the application of cosmetic products practicing pursuant to their professional or occupational are performed solely for the purpose of preparing the model or responsibilities and duties: client for the photographic session without shampooing, cutting, (a) Persons authorized under the laws of this state to practice coloring, permanent waving, relaxing, or removing of hair or medicine, surgery, osteopathic medicine, chiropractic medicine, performing any other service defined as cosmetology. massage, naturopathy, or podiatric medicine. (12) “Body wrapping” means a treatment program that uses (b) Commissioned medical or surgical officers of the United States herbal wraps for the purposes of cleansing and beautifying the skin Armed Forces hospital services. of the body, but does not include: (c) Registered nurses under the laws of this state. (a) The application of oils, lotions, or other fluids to the body, (d) Persons practicing barbering under the laws of this state. except fluids contained in presoaked materials used in the wraps; or (e) Persons employed in federal, state, or local institutions, (b) Manipulation of the body’s superficial tissue, other than that hospitals, or military bases as cosmetologists whose practices are arising from compression emanating from the wrap materials. 20 of 66 limited to the inmates, patients, or authorized military personnel of members, and shall take appropriate action thereon, which action such institutions, hospitals, or bases. may include removal of any board member. The Governor may (f) Persons whose practice is limited to the application of cosmetic remove from office any board member for neglect of duty, products to another person in connection with the sale, or incompetence, or unprofessional or dishonorable conduct. attempted sale, of such products at retail without compensation 477.016 Rulemaking. from such other person other than the regular retail price of such (1) The board may adopt rules pursuant to ss. 120.536(1) and merchandise. 120.54 to implement the provisions of this chapter conferring duties (2) A license is not required of any person whose occupation or upon it. practice is confined solely to shampooing. (2) The board may by rule adopt any restriction established by a (3) A license or registration is not required of any person whose regulation of the United States Food and Drug Administration occupation or practice is confined solely to cutting, trimming, related to the use of a cosmetic product or any substance used in polishing, or cleansing the fingernails of any person when said the practice of cosmetology if the board finds that the product or cutting, trimming, polishing, or cleansing is done in a barbershop substance poses a risk to the health, safety, and welfare of clients or licensed pursuant to chapter 476 which is carrying on a regular and persons providing cosmetology services. customary business of barbering, and such individual has been 477.017 Legal services. The department shall provide all legal practicing the activities set forth in this subsection prior to October services needed to carry out the provisions of this act. 1, 1985. 477.018 Investigative services. The department shall provide all (4) A photography studio salon is exempt from the licensure investigative services required by the board or the department in provisions of this chapter. However, the hair-arranging services of carrying out the provisions of this act. such salon must be performed under the supervision of a licensed 477.019 Cosmetologists; qualifications; licensure; supervised cosmetologist employed by the salon. The salon must use disposable practice; license renewal; endorsement; continuing education. hair-arranging implements or use a wet or dry sanitizing system (1) A person desiring to be licensed as a cosmetologist shall apply approved by the federal Environmental Protection Agency. to the department for licensure. (5) A license is not required of any individual providing makeup, (2) An applicant shall be eligible for licensure by examination to special effects, or cosmetology services to an actor, stunt person, practice cosmetology if the applicant: musician, extra, or other talent during a production recognized by (a) Is at least 16 years of age or has received a high school diploma; the Office of Film and Entertainment as a qualified production as (b) Pays the required application fee, which is not refundable, and defined in s. 288.1254(1). Such services are not required to be the required examination fee, which is refundable if the applicant is performed in a licensed salon. Individuals exempt under this determined to not be eligible for licensure for any reason other than subsection may not provide such services to the general public. failure to successfully complete the licensure examination; and (6) A license is not required of any individual providing makeup or (c)1. Is authorized to practice cosmetology in another state or special effects services in a theme park or entertainment complex to country, has been so authorized for at least 1 year, and does not an actor, stunt person, musician, extra, or other talent, or providing qualify for licensure by endorsement as provided for in subsection makeup or special effects services to the general public. The term (5); or “theme park or entertainment complex” has the same meaning as in 2. Has received a minimum of 1,200 hours of training as s. 509.013(9). established by the board, which shall include, but shall not be 477.014 Qualifications for practice. On and after January 1, 1979, limited to, the equivalent of completion of services directly related no person other than a duly licensed cosmetologist shall practice to the practice of cosmetology at one of the following: cosmetology or use the name or title of cosmetologist. a. A school of cosmetology licensed pursuant to chapter 1005. 477.015 Board of Cosmetology. b. A cosmetology program within the public school system. (1) There is created within the department the Board of c. The Cosmetology Division of the Florida School for the Deaf and Cosmetology consisting of seven members, who shall be appointed the Blind, provided the division meets the standards of this chapter. by the Governor, subject to confirmation by the Senate, and whose d. A government operated cosmetology program in this state. function it shall be to carry out the provisions of this act. The board shall establish by rule procedures whereby the school or (2) Five members of the board shall be licensed cosmetologists and program may certify that a person is qualified to take the required shall have been engaged in the practice of cosmetology in this state examination after the completion of a minimum of 1,000 actual for not less than 5 years. Two members of the board shall be school hours. If the person then passes the examination, he or she laypersons. Each board member shall be a resident of this state and shall have satisfied this requirement; but if the person fails the shall have been a resident of this state for not less than 5 continuous examination, he or she shall not be qualified to take the examination years. again until the completion of the full requirements provided by this (3) The Governor may at any time fill vacancies on the board for section. the remainder of unexpired terms. Each member of the board shall (3) Upon an applicant receiving a passing grade, as established by hold over after the expiration of his or her term until a successor is board rule, on the examination and paying the initial licensing fee, duly appointed and qualified. No board member shall serve more the department shall issue a license to practice cosmetology. than two consecutive terms, whether full or partial. (4) If an applicant passes all parts of the examination for licensure (4) Before assuming his or her duties as a board member, each as a cosmetologist, he or she may practice in the time between appointee shall take the constitutional oath of office and shall file it passing the examination and receiving a physical copy of his or her with the Department of State, which shall then issue to such license if he or she practices under the supervision of a licensed member a certificate of his or her appointment. cosmetologist in a licensed salon. An applicant who fails any part of (5) The board shall, in the month of January, elect from its number the examination may not practice as a cosmetologist and may a chair and a vice chair. immediately apply for reexamination. (6) The board shall hold such meetings during the year as it may (5) Renewal of license registration shall be accomplished pursuant determine to be necessary, one of which shall be the annual to rules adopted by the board. meeting. The chair of the board shall have the authority to call other (6) The board shall adopt rules specifying procedures for the meetings at his or her discretion. A quorum of the board shall licensure by endorsement of practitioners desiring to be licensed in consist of not less than four members. this state who hold a current active license in another state and who (7) Each member of the board shall receive $50 for each day spent have met qualifications substantially similar to, equivalent to, or in the performance of official board business, with the total annual greater than the qualifications required of applicants from this state. compensation per member not to exceed $2,000. Additionally, (7)(a) The board shall prescribe by rule continuing education board members shall receive per diem and mileage as provided in s. requirements intended to ensure protection of the public through 112.061, from place of residence to place of meeting and return. updated training of licensees and registered specialists, not to (8) Each board member shall be held accountable to the Governor exceed 16 hours biennially, as a condition for renewal of a license or for the proper performance of all his or her duties and obligations. registration as a specialist under this chapter. Continuing education The Governor shall investigate any complaints or unfavorable courses shall include, but not be limited to, the following subjects as 21 of 66 reports received concerning the actions of the board, or its they relate to the practice of cosmetology: human immunodeficiency virus and acquired immune deficiency syndrome; applicant’s competency and her or his knowledge of related Occupational Safety and Health Administration regulations; workers’ statutory requirements. Professional testing services may be utilized compensation issues; state and federal laws and rules as they to formulate the examinations. The board may, by rule, offer a pertain to cosmetologists, cosmetology, salons, specialists, specialty written clinical examination or a performance examination, or both, salons, and booth renters; chemical makeup as it pertains to hair, in addition to a written theory examination. skin, and nails; and environmental issues. Courses given at (2) The board shall ensure that examinations comply with state cosmetology conferences may be counted toward the number of and federal equal employment opportunity guidelines. continuing education hours required if approved by the board. (3) The examination shall be given at least once a year. (b) Any person whose occupation or practice is confined solely to (4) The board shall adopt rules providing for reexamination of hair braiding, hair wrapping, or body wrapping is exempt from the applicants who have failed the examinations. continuing education requirements of this subsection. (5) All licensing examinations shall be conducted in such manner (c) The board may, by rule, require any licensee in violation of a that the applicant shall be known by number only until her or his continuing education requirement to take a refresher course or examination is completed and the proper grade determined. An refresher course and examination in addition to any other penalty. accurate record of each examination shall be made; and that record The number of hours for the refresher course may not exceed 48 shall be filed with the secretary of the department and shall be kept hours. for reference and inspection for a period of not less than 2 years 477.0201 Specialty registration; qualifications; registration immediately following the examination. renewal; endorsement. 477.023 Schools of cosmetology; licensure. No private school of (1) Any person is qualified for registration as a specialist in any one cosmetology shall be permitted to operate without a license issued or more of the specialty practices within the practice of cosmetology by the Commission for Independent Education pursuant to chapter under this chapter who: 1005. However, nothing herein shall be construed to prevent (a) Is at least 16 years of age or has received a high school diploma. certification by the Department of Education of cosmetology (b) Has received a certificate of completion in a specialty pursuant training programs within the public school system or to prevent to s. 477.013(6) from one of the following: government operation of any other program of cosmetology in this 1. A school licensed pursuant to s. 477.023. state. 2. A school licensed pursuant to chapter 1005 or the equivalent 477.025 Cosmetology salons; specialty salons; requisites; licensing authority of another state. licensure; inspection; mobile cosmetology salons. 3. A specialty program within the public school system. (1) No cosmetology salon or specialty salon shall be permitted to 4. A specialty division within the Cosmetology Division of the operate without a license issued by the department except as Florida School for the Deaf and the Blind, provided the training provided in subsection (11). programs comply with minimum curriculum requirements (2) The board shall adopt rules governing the licensure and established by the board. operation of salons and specialty salons and their facilities, (2) A person desiring to be registered as a specialist shall apply to personnel, safety and sanitary requirements, and the license the department in writing upon forms prepared and furnished by application and granting process. the department. (3) Any person, firm, or corporation desiring to operate a (3) Upon paying the initial registration fee, the department shall cosmetology salon or specialty salon in the state shall submit to the register the applicant to practice one or more of the specialty department an application upon forms provided by the department practices within the practice of cosmetology. and accompanied by any relevant information requested by the (4) Renewal of registration shall be accomplished pursuant to rules department and by an application fee. adopted by the board. (4) Upon receiving the application, the department may cause an (5) The board shall adopt rules specifying procedures for the investigation to be made of the proposed cosmetology salon or registration of specialty practitioners desiring to be registered in this specialty salon. state who have been registered or licensed and are practicing in (5) When an applicant fails to meet all the requirements provided states which have registering or licensing standards substantially herein, the department shall deny the application in writing and similar to, equivalent to, or more stringent than the standards of this shall list the specific requirements not met. No applicant denied state. licensure because of failure to meet the requirements herein shall (6) Pending issuance of registration, a person is eligible to practice be precluded from reapplying for licensure. as a specialist upon submission of a registration application that (6) When the department determines that the proposed includes proof of successful completion of the education cosmetology salon or specialty salon may reasonably be expected to requirements and payment of the applicable fees required by this meet the requirements set forth herein, the department shall grant chapter, provided such practice is under the supervision of a the license upon such conditions as it shall deem proper under the registered specialist in a licensed specialty or cosmetology salon. circumstances and upon payment of the original licensing fee. 477.0212 Inactive status. (7) No license for operation of a cosmetology salon or specialty (1) A cosmetologist’s license that has become inactive may be salon may be transferred from the name of the original licensee to reactivated under s. 477.019 upon application to the department. another. It may be transferred from one location to another only (2) The board shall promulgate rules relating to licenses which upon approval by the department, which approval shall not be have become inactive and for the renewal of inactive licenses. The unreasonably withheld. board shall prescribe by rule a fee not to exceed $50 for the (8) Renewal of license registration for cosmetology salons or reactivation of an inactive license and a fee not to exceed $50 for specialty salons shall be accomplished pursuant to rules adopted by the renewal of an inactive license. the board. The board is further authorized to adopt rules governing 477.0213 Cosmetology graduates of Florida School for the Deaf delinquent renewal of licenses and may impose penalty fees for and the Blind; licenses. The department shall license candidates delinquent renewal. upon graduation from the Cosmetology Division of the Florida (9) The board is authorized to adopt rules governing the periodic School for the Deaf and the Blind. The department shall, by rule, inspection of cosmetology salons and specialty salons licensed under provide fees for licenses issued to candidates from the Cosmetology this chapter. Division of the Florida School for the Deaf and the Blind and shall (10)(a) The board shall adopt rules governing the licensure, also provide, by rule, for the type of licenses to be issued and for any operation, and inspection of mobile cosmetology salons, including required applications. their facilities, personnel, and safety and sanitary requirements. 477.022 Examinations. (b) Each mobile salon must comply with all licensure and operating (1) The board shall specify by rule the general areas of competency requirements specified in this chapter or chapter 455 or rules of the to be covered by examinations for the licensing under this chapter board or department that apply to cosmetology salons at fixed of cosmetologists. The rules shall include the relative weight locations, except to the extent that such requirements conflict with assigned in grading each area, the grading criteria to be used by the this subsection or rules adopted pursuant to this subsection. examiner, and the score necessary to achieve a passing grade. The (c) A mobile cosmetology salon must maintain a permanent 22 of 66 board shall ensure that examinations adequately measure both an business address, located in the inspection area of the local department office, at which records of appointments, itineraries, 2. In which a person not licensed or registered as a cosmetologist license numbers of employees, and vehicle identification numbers of or a specialist is permitted to perform cosmetology services or any the license holder’s mobile salon shall be kept and made available specialty. for verification purposes by department personnel, and at which (c) Engage in willful or repeated violations of this chapter or of any correspondence from the department can be received. rule adopted by the board. (d) To facilitate periodic inspections of mobile cosmetology salons, (d) Permit an employed person to engage in the practice of prior to the beginning of each month each mobile salon license cosmetology or of a specialty unless such person holds a valid, active holder must file with the board a written monthly itinerary listing license as a cosmetologist or registration as a specialist. thelocationswhereandthedatesandhourswhenthemobilesalon (e) Obtain or attempt to obtain a license or registration for money, will be operating. other than the required fee, or any other thing of value or by (e) The board shall establish fees for mobile cosmetology salons, fraudulent misrepresentations. not to exceed the fees for cosmetology salons at fixed locations. (f) Use or attempt to use a license to practice cosmetology or a (f) The operation of mobile cosmetology salons must be in registration to practice a specialty, which license or registration is compliance with all local laws and ordinances regulating business suspended or revoked. establishments, with all applicable requirements of the Americans (g) Advertise or imply that skin care services or body wrapping, as with Disabilities Act relating to accommodations for persons with performed under this chapter, have any relationship to the practice disabilities, and with all applicable OSHA requirements. of massage therapy as defined in s. 480.033(3), except those (11) Facilities licensed under part II of chapter 400 or under part I practices or activities defined in s. 477.013. of chapter 429 are exempt from this section, and a cosmetologist (h) In the practice of cosmetology, use or possess a cosmetic licensed pursuant to s. 477.019 may provide salon services product containing a liquid nail monomer containing any trace of exclusively for facility residents. methyl methacrylate (MMA). 477.026 Fees; disposition. (2) Any person who violates any provision of this section commits a (1) The board shall set fees according to the following schedule: misdemeanor of the second degree, punishable as provided in s. (a) For cosmetologists, fees for original licensing, license renewal, 775.082 or s. 775.083. and delinquent renewal shall not exceed $50. 477.028 Disciplinary proceedings. (b) For cosmetologists, fees for endorsement application, (1) The board shall have the power to revoke or suspend the examination, and reexamination shall not exceed $50. license of a cosmetologist licensed under this chapter, or the (c) For cosmetology and specialty salons, fees for license registration of a specialist registered under this chapter, and to application, original licensing, license renewal, and delinquent reprimand, censure, deny subsequent licensure or registration of, or renewal shall not exceed $50. otherwise discipline a cosmetologist or a specialist licensed or (d) For specialists, fees for application and endorsement registered under this chapter in any of the following cases: registration shall not exceed $30. (a) Upon proof that a license or registration has been obtained by (e) For specialists, fees for initial registration, registration renewal, fraud or misrepresentation. and delinquent renewal shall not exceed $50. (b) Upon proof that the holder of a license or registration is guilty (f) For hair braiders, hair wrappers, and body wrappers, fees for of fraud or deceit or of gross negligence, incompetency, or registration shall not exceed $25. misconduct in the practice or instruction of cosmetology or a (2) All moneys collected by the department from fees authorized specialty. by this chapter shall be paid into the Professional Regulation Trust (c) Upon proof that the holder of a license or registration is guilty Fund, which fund is created in the department, and shall be applied of aiding, assisting, procuring, or advising any unlicensed person to in accordance with ss. 215.37 and 455.219. The Legislature may practice as a cosmetologist. appropriate any excess moneys from this fund to the General (2) The board shall have the power to revoke or suspend the Revenue Fund. license of a cosmetology salon or a specialty salon licensed under (3) The department, with the advice of the board, shall prepare this chapter, to deny subsequent licensure of such salon, or to and submit a proposed budget in accordance with law. reprimand, censure, or otherwise discipline the owner of such salon 477.0263 Cosmetology services to be performed in licensed salon; in either of the following cases: exception. (a) Upon proof that a license has been obtained by fraud or (1) Cosmetology services shall be performed only by licensed misrepresentation. cosmetologists in licensed salons, except as otherwise provided in (b) Upon proof that the holder of a license is guilty of fraud or this section. deceit or of gross negligence, incompetency, or misconduct in the (2) Pursuant to rules established by the board, cosmetology operation of the salon so licensed. services may be performed by a licensed cosmetologist in a location (3) Disciplinary proceedings shall be conducted pursuant to the other than a licensed salon, including, but not limited to, a nursing provisions of chapter 120. home, hospital, or residence, when a client for reasons of ill health is (4) The department shall not issue or renew a license or certificate unable to go to a licensed salon. Arrangements for the performance of registration under this chapter to any person against whom or of such cosmetology services in a location other than a licensed salon against which the board has assessed a fine, interest, or costs salon shall be made only through a licensed salon. associated with investigation and prosecution until the person or (3) Any person who holds a valid cosmetology license in any state salon has paid in full such fine, interest, or costs associated with or who is authorized to practice cosmetology in any country, investigation and prosecution or until the person or salon complies territory, or jurisdiction of the United States may perform with or satisfies all terms and conditions of the final order. cosmetology services in a location other than a licensed salon when 477.029 Penalty. such services are performed in connection with the motion picture, (1) It is unlawful for any person to: fashion photography, theatrical, or television industry; a (a) Hold himself or herself out as a cosmetologist, specialist, hair photography studio salon; a manufacturer trade show wrapper, hair braider, or body wrapper unless duly licensed or demonstration; or an educational seminar. registered, or otherwise authorized, as provided in this chapter. 477.0265 Prohibited acts. (b) Operate any cosmetology salon unless it has been duly licensed (1) It is unlawful for any person to: as provided in this chapter. (a) Engage in the practice of cosmetology or a specialty without an (c) Permit an employed person to practice cosmetology or a active license as a cosmetologist or registration as a specialist issued specialty unless duly licensed or registered, or otherwise authorized, by the department pursuant to the provisions of this chapter. as provided in this chapter. (b) Own, operate, maintain, open, establish, conduct, or have (d) Present as his or her own the license of another. charge of, either alone or with another person or persons, a (e) Give false or forged evidence to the department in obtaining cosmetology salon or specialty salon: any license provided for in this chapter. 1. Which is not licensed under the provisions of this chapter; or (f) Impersonate any other license holder of like or different name. (g) Use or attempt to use a license that has been revoked. 23 of 66 (h) Violate any provision of s. 455.227(1), s. 477.0265, or s. The Executive Director and Chairman of the Board shall prepare an 477.028. agenda and make it available in time to insure that a copy of the (i) Violate or refuse to comply with any provision of this chapter or agenda may be received at least seven (7) days before the event by chapter 455 or a rule or final order of the board or the department. any person in the state who requests a copy and pays the (2) Any person who violates the provisions of this section shall be reasonable cost of the copy. The agenda may be changed prior to subject to one or more of the following penalties, as determined by the meeting, or at the meeting, for good cause, as stated in the the board: record. (a) Revocation or suspension of any license or registration issued 61G517.013 Emergency Meetings. pursuant to this chapter. The Board may hold an emergency meeting, notwithstanding the (b) Issuance of a reprimand or censure. provisions of Rules 61G517.010 and 61G517.011, F.A.C., for the (c) Imposition of an administrative fine not to exceed $500 for purpose of acting on emergency matters affecting the public health, each count or separate offense. safety, and welfare. (d) Placement on probation for a period of time and subject to 61G517.016 Time for Payment of Administrative Fines. such reasonable conditions as the board may specify. In cases where the Board imposes an administrative fine for (e) Refusal to certify to the department an applicant for licensure. violation of Chapter 455 or 477, F.S., or the rules promulgated 477.031 Civil proceedings. As cumulative of any other remedy or thereunder, the penalty shall be paid to the Department of Business criminal prosecution, the department may file a proceeding in the and Professional Regulation within thirty (30) days of its imposition name of the state seeking issuance of a restraining order, injunction, by order of the Board unless otherwise stated by the Board. or writ of mandamus against any person who is or has been violating 61G517.017 Board Member Compensation. any of the provisions of this chapter or the lawful rules or orders of In addition to receiving fifty dollars ($50.00) compensation per day the department. for attending official meetings of the board, a board member shall also be eligible to receive compensation for the following “other Rules business involving the board”: CHAPTER 61G517 (1) All joint Board or committee meetings required by statute, ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE Board rule or Board action; DETERMINATION, PROCEDURES (2) Official meetings or workshops called by the chairman at 61G517.006 General Information and Forms. which either a committee composed of two (2) or more board (1) The Board may be contacted through the Department of members or a quorum of the board is present pursuant to Chapters Business and Professional Regulation, Northwood Centre, 1940 N. 120 and 477, F.S.; Monroe Street, Tallahassee, Florida 323990790, Tel. (850) 4885702. (3) Meetings of Board members with Department staff or Office hours are 8:00 A.M. to 5:00 P.M., Monday through Friday, contractors of the Department at the Department’s or the Board’s except for state holidays. request. Any participation or meeting of members noticed or (2) The following forms are used by the Department and may unnoticed will be on file in the Board Office; be obtained by writing to the Board’s Office: (4) Meetings or conferences which the board member attends (a) Examination Applications for Cosmetologists and Specialty at the request of the Secretary or the Secretary’s designee; Registration Applications. (5) Administrative hearings or legal proceedings at which the (b) Reexamination Applications for Cosmetologists. board member appears as witness or representative of the board at (c) Application for Endorsement of Cosmetologists and the request of counsel to the board; Specialists. (6) All activity of Board members, if authorized by the Board, (d) Salon and Specialty Salon Applications. when grading, proctoring or reviewing examinations given by the 61G517.008 Probable Cause Determination. Department; The determination as to whether probable cause exists to believe (7) All participation in Board authorized meetings with that a violation of the provisions of Chapter 455 or 477, F.S., or of professional associations of which the Board is a member or invitee. the rules promulgated thereunder has occurred, shall be made by This would include all meetings of national associations or the Department of Business and Professional Regulation. registration boards of which the Board is a member as well as Board 61G517.009 Meetings and Election of Officers. authorized participation in meetings of national or professional The Board shall hold such meetings during the year as it may deem associations or organizations involved in educating, regulating or necessary, one of which shall be the annual meeting. The Chairman reviewing the profession over which the Board has statutory or a quorum of the Board shall have the authority to call other authority; meetings. The Chairman and ViceChairman shall be elected at the (8) Any and all other activities which are Board approved and annual meeting in January. which are necessary for Board members to attend in order to 61G517.0095 Unexcused Absences. further protect the public health, safety and welfare, through the Unexcused absences shall include any absence other than: one regulation of which the Board has statutory authority; caused by serious illness of a member preventing attendance; death (9) In the event that a board member is present for a meeting or serious illness of a family member; unavoidable travel delays or or hearing defined above, and the meeting is cancelled without prior cancellations preventing attendance; or any conflict, extraordinary notice, the attending board member will be eligible for circumstances or event approved by the chairperson of the board. compensation provided the member was present at the scheduled Members shall communicate the reason for any absence to the time. Executive Director prior to the meeting and the reason for the 61G517.018 Investigators; Criteria for Selection. absence shall be made part of the minutes of that meeting. Investigators employed by the Department to assist the Board in 61G517.010 Notice of Meetings. disciplinary matters shall be selected based upon the following (1) Except in the case of emergencies, the Board shall give at criteria: least seven (7) days notice of any meeting or workshop to the public (1) Attainment of high school diploma or a recognized academic by publication in the Florida Administrative Weekly. equivalent, and (2) The notice shall state the date, time and place of the (2) Graduation from an accredited fouryear college or meeting, a brief description of the purpose of the meeting, and the university and either two years of regulatory inspection experience address where persons may write to obtain a copy of the agenda. or two years sworn law enforcement or investigative experience, or 61G517.011 Agenda. (3) Experience as either a regulatory inspector, a sworn law enforcement officer, or as a nonlaw enforcement investigator may be substituted on a year by year basis for the required college training. (4) Persons selected by the Department based upon the above criteria shall complete a minimum of 14 days of orientation and training as established by the Department for the purpose of 24 of 66 training them in the factfinding process. This training shall be under the direct supervision of an investigator who has had at least six the payment of money or its equivalent, the receipt or delivery of months experience in cosmetology investigations. This training may property, or the performance of a service, or the receipt or delivery include training by individual board members as deemed necessary of anything of value in exchange for cosmetology services. For the by the Department or Board. purposes of this act “medical purposes” is defined as any form of 61G517.020 Security and Monitoring Procedures for Licensure bodily intrusion into the orifices, skin, muscles, or any other tissues Examination. of the body. The Board adopts by reference Rule 6111.014, F.A.C., of the 61G518.001 Who May Apply. Department of Business and Professional Regulation as its rule (1) Individuals desiring to be licensed as a cosmetologist shall governing examination security and monitoring. meet all required qualifications as specified in Section 477.019, F.S. 61G517.0201 Licensure Examinations and Examination Procedures (2) If an applicant for licensure by examination meets all for Handicapped Candidates. required qualifications except the required minimum hours of The Board adopts by reference Rule 6111.008, F.A.C., of the training, he or she shall be entitled to take the licensure examination Department of Business and Professional Regulation as its rule to practice cosmetology if the applicant has received a minimum of governing examination format and examination procedure for 1,000 hours of training established by the Board, and has been handicapped candidates. certified by the Director of the school or program in which he or she 61G517.021 Designation of Official Reporter. is currently enrolled to have achieved the minimum competency The Board designates PSC Professional Services, Inc., Publishers of standards of performance as prescribed in Chapter 61G522, F.A.C., the Florida Administrative Law Reports (FALR), as its official reporter for the hours completed. for the purposes of publishing and indexing by subject matter all 61G518.002 Manner of Application. orders rendered after a proceeding which affects substantial Every person desiring to be examined for licensure as a interests has been held. cosmetologist shall apply to the department in writing upon forms 61G517.023 Final Orders. prepared and furnished by the Department and pay an examination All Final Orders of the Board may be signed by the Executive Director fee as required by Chapter 61G524, F.A.C. of the Board. Final Orders shall be effective upon filing with the (1) The applicant must present an application and evidence of Clerk of the Department of Business and Professional Regulation. completion of cosmetologist training defined in Rule 61G518.001, CHAPTER 61G518 F.A.C., above. Applications will be scheduled on an as available basis. COSMETOLOGIST (2) The Department shall notify the applicant fourteen (14) days 61G518.00015 Cosmetologist and Compensation Defined. prior to the examination if the applicant is eligible to take the A cosmetologist is a person who is licensed to perform the examination. mechanical or chemical treatment of the head, face, and scalp for 61G518.003 Cosmetology Examination. aesthetic rather than medical purposes, including, but not limited to, (1) The Cosmetology examination shall consist of two parts, a hair shampooing, hair cutting, hair arranging, hair braiding, hair written theory examination and a written clinical examination, both coloring, permanent waving, and hair relaxing, for compensation. A parts must be successfully completed prior to licensure. cosmetologist may also perform noninvasive hair removals, (2)(a) The written theory examination shall be administered by including wax treatments but not including electrolysis as that term the Department. The following subjects will be tested on the is defined in Chapter 478, F.S., manicures, pedicures, and skin care examination and will be weighted approximately as designated: services. For the purposes of this act “compensation” is defined as Category Weight 1. General Safety and Sanitation Procedures 34% 2. Client Services 24% 3. Facial, Makeup, and Hair Removal 16% 4. Manicuring and Pedicuring 16% 5. Professional/Legal and Ethical Laws and Rules 10% (b) Passing Grade. Candidates’ scores will be converted to a scale of 0 to 100; the minimum passing score as determined by the Board shall be set at 75 on that scale. All forms of the examination are statistically equated so that the relative passing scores remain equivalent. (3) The second part of the examination shall be a written clinical examination administered by the Department. The following subjects will be tested on the examination and will be weighted approximately as follows: Category Weight (a) Hair Coloring and Lightening 39% (b) Permanent Waving and Chemical Relaxing 34% (c) Scalp and Hair Care 5% (d) Hair Cutting/Shaping 10% (e) Hair Styling 12% (4) Passing Grade. Candidates’ scores will be converted to a rule. Those applicants not achieving a passing grade on each part scale of 0 to 100; the minimum passing score as determined by the will have failed that part of the examination and shall be required to Board shall be set at 75 on that scale. All forms of the examination retake and pass only that part failed in order to be licensed as a are statistically equated so that the relative passing scores remain cosmetologist, provided however that the applicant must pass both equivalent. parts of the examination within a twoyear period. If any applicant (5) In rounding percentages, any percentage which is point five fails to achieve a passing grade on all parts within the 2 years as (.5) or above shall be rounded up to the next number. Percentages provided in this rule, the applicant shall be required to retake and less than point five (.5) shall be rounded down to the next whole successfully complete the full examination. In rounding percentages, number. any percentage which is point five (.5) or above shall be rounded up (6) An accurate record of each examination shall be made and to the next whole number. Percentages less than point five (.5) shall the record, together with all examination papers, shall be filed with be rounded down to the next whole number. the Secretary of the Department and shall be kept for reference and (2) Any person desiring to be reexamined for licensure as a inspection for a period of not less than two (2) years immediately cosmetologist shall apply to the Department in writing upon forms following the examination. prepared and furnished by the department and shall pay a (7) An applicant shall be permitted to use a strict translation reexamination fee as required by Rule 61G524.006, F.A.C. dictionary in taking the examination. Such a dictionary shall give only (3) Those applicants who qualified to take the examination the translation of words from one language to another without after completion of only 1,000 hours of training pursuant to Section giving any definition or explanation of any word. 477.019(1)(b), F.S., and failed, shall be entitled to reexamination 61G518.004 Reexamination. only upon completion of the full requirements provided for in (1) Any applicant who fails the examination shall be entitled to Section 477.019, F.S. reexamination pursuant to the terms and conditions set forth in this (4) An applicant who has twice failed the examination or any part thereof, shall return to an approved school of cosmetology for a Chapter 477, F.S., shall complete a boardapproved educational minimum of 40 hours of remedial instruction prior to taking any part course on Human Immunodeficiency Virus (HIV) and Acquired of the examination for the third time. An applicant who fails any Immune Deficiency Syndrome (AIDS), and shall submit proof thereof portion for the third time shall return to an approved school of in the form of a certificate of completion from the provider of such cosmetology for 80 hours of remedial instruction. course with the application. A copy of the certificate will satisfy this 61G518.005 Examination Review Procedure. requirement. Completion of such course shall be a condition of (1) An applicant is entitled to review his examination questions, licensure or registration. Except as provided in subsection (2) below, answers, papers, grades and grading key used in the state no person shall be granted an initial license or registration unless he examination for licensure under such terms and conditions as may orshecomplieswiththisrule. be prescribed by the Department of Business and Professional (2) If an applicant for initial licensure or registration under Regulation; however, no applicant may copy any materials provided Chapter 477, F.S., has not completed a boardapproved educational for his review. Such review shall be conducted in accord with Rule course on HIV and AIDS at the time of application, but has 6111.011, F.A.C., during regular business hours in the presence of a completed all other requirements for licensure or registration, he or representative of the Department, in the Office of Examination she may request an additional 6 month period in which to complete Services of the Department. this requirement. Such request shall be submitted at the time of (2) If, following the review of his examination, an applicant filing the application for licensure or registration; and, will be made believes that an error was made in the grading of his examination, or by filing a written affidavit showing good cause to grant the request. in the evaluation of his answers, he may request that the Upon the filing of such affidavit, the applicant shall be granted one, Department review his examination. Requests for review must be in 6 month period in which to complete a boardapproved educational writing, state with specificity the reasons why review is requested, course on HIV and AIDS. The applicant shall be required to submit and must be received by the Department within thirty (30) days proof of the completion of this course in the form of a certificate of after the applicant receives notice that he failed the examination. completion from the provider of such course to the department (3) Upon the receipt of a request for review, and appropriate within the 6 month period. A copy of the certificate will satisfy this fee as described in Rule 61G524.018, F.A.C., the Department shall requirement. Failure to submit such proof during the 6 month review the applicant’s examination. If the Department finds that an period shall cause any previously issued license or registration to error was made, the Department may adjust the grade received by become null and void without further action by the Board. the applicant to reflect the correction. The applicant shall be notified (3) All educational courses on HIV and AIDS which are taught to of the decision. fulfill the requirements for initial licensure or registration under 61G518.0055 Supervised Cosmetology Practice Exception. Chapter 477, F.S., shall be approved by the Board. To be considered Following the completion of the licensing examination by a graduate for the Board’s approval, courses on HIV and AIDS shall consist of 4 of a licensed cosmetology school or cosmetology program offered in hours combined education of: a public school system, which school or program is certified by the (a) Education on the modes of transmission, infection control Department of Education, an applicant for licensure as a procedures, clinical management, and prevention of HIV and AIDS; cosmetologist by examination is eligible to practice temporarily in a (b) Discussion of attitudes towards HIV and AIDS as well as current, actively licensed cosmetology salon under the following appropriate behavior in dealing with persons who may have the conditions: virus or syndrome. (1) In the event an applicant obtains passing scores on both the (4) All proposed HIV and AIDS educational courses shall be written theory and written clinical examinations, the applicant shall submitted for presentation to the Board at least 30 days prior to the be eligible, prior to having their application acted on by the Board, next scheduled board meeting at which the course is to be to practice cosmetology in a licensed salon, provided that they post considered for approval. No course may be taught for credit until it their examination results for both examinations at their work station has received the Board’s approval. with a recent photograph affixed thereto. (5) The Board approves the following courses for purposes of (2) An applicant who fails any part of the examination may not fulfilling the requirements for initial licensure or registration under practice as a cosmetologist and may immediately apply for Chapter 477, F.S.: reexamination. (a) Courses approved by any other board in accordance with 61G518.007 Endorsement of Cosmetologists. Section 381.0034, 381.0035, 455.2226, or 455.2228, F. S.; The Department of Business and Professional Regulation shall issue (b) Basic AIDS educational courses presented by the Florida a license to an applicant without examination who: Department of Health or other state health departments, provided (1) Makes application and pays to the Department the fee they meet the requirements set forth in subsection (3). specified in Rule 61G524.002, F.A.C.; (6) Home study or video courses shall be approved by the (2) Demonstrates that the applicant is currently licensed to Board, provided they meet the requirements set forth in subsection practice cosmetology under the law of another state; (3). Home study courses must require a 75% passing score on a post (3) Demonstrates that the applicant has completed at lest 1200 course test to be graded by the course provider. cosmetology school or program hours substantially similar to, (7) At any time, the Board shall deny or rescind its approval of a equivalent to, or greater than the qualifications required of course offered for initial licensure if it finds that: such approval was applicants from this state; the result of fraud; the course which is being provided fails to cover (4) Demonstrates that the applicant has passed a written the information required by statute or subsection (3) or fails to meet licensure examination to obtain a license substantially similar to, other requirements specified in this rule; or the course significantly equivalent to, or greater than the qualifications required of varies from the course proposal that was approved by the Board. applicants from this state; and Before rescinding approval of a course, the Board shall give the (5) Demonstrates that the applicant has completed a board course provider notice and an opportunity to be heard. If the Board approved HIV/AIDS course. denies or rescinds its approval of a course because of the course 61G518.008 Cosmetologist License Renewal. provider’s fraud in obtaining such approval, then the course (1) A cosmetologist shall renew his or her license on or before provider shall thereafter be barred from presenting any other course October 31 each biennial year, according to the fee schedule as to licensees for credit unless the course provider demonstrates to outlined in Rule 61G524.008, F.A.C. the Board that he or she has been sufficiently rehabilitated to be (2) Spouses of members of the Armed Forces of the United trusted to provide such courses to licensees in the future. States are exempted from all licensure renewal provisions, but only CHAPTER 61G520 in cases of absence from the state because of their spouses' duties COSMETOLOGY SALONS with the Armed Forces. 61G520.001 Salon Defined. 61G518.011 Initial Licensure or Registration Requirement for Salon means any establishment or place of business wherein Instruction on Human Immunodeficiency Virus and Acquired cosmetology as defined in Section 477.013(4), F.S., or any specialty Immune Deficiency Syndrome; Course Content and Approval as defined in Section 477.013(6), F.S., is practiced for compensation, Requirements. however this does not prevent the practice of cosmetology in a 26 of 66 (1) Each applicant for initial licensure or registration under licensed barbershop, or the practice of barbering in a licensed cosmetology salon, provided the salon employs a licensed salon – adequate toilet and lavatory facilities. To be adequate, such cosmetologist. Except as provided in Rule 61G520.010, F.A.C., a facilities shall have at least one toilet and one sink with running salonmustbeatafixedlocation. water. Such facilities shall be equipped with toilet tissue, soap 61G520.0015 Performance of Cosmetology or Specialty Services dispenser with soap or other hand cleaning material, sanitary towels Outside a Licensed Salon. or other handdrying device such as a wallmounted electric blow (1) Cosmetology or specialty services may be performed by a dryer, and waste receptacle. Such facilities and all of the foregoing licensed cosmetologist or specialist in a location other than a fixtures and components shall be kept clean, in good repair, licensed salon, including a hospital, nursing home, residence, or welllighted, and adequately ventilated to remove objectionable similar facility, when a client for reasons of ill health is unable to go odors. to a licensed salon. The following procedure shall be followed: 3. A salon, or specialty salon may be located at a place of (a) Arrangements shall be made through a licensed salon. residence. Salon facilities must be separated from the living quarters (b) Information as to the name of the client and the address at by a permanent wall construction. A separate entrance shall be which the services are to be performed shall be recorded in the provided to allow entry to the salon other than from the living appointment book. quarters. Toilet and lavatory facilities shall comply with (c) The appointment book shall remain at the salon and be subparagraph (c)2. above and shall have an entrance from the salon made available upon request to any investigator or inspector of the other than the living quarters. Department. 4. Animals: No animals or pets shall be allowed in a salon, with (2) When cosmetology or specialty services are performed in a the exception of fish kept in closed aquariums, or trained animals to location other than a licensed salon, such services may lawfully be assist the hearing impaired, visually impaired, or the physically performed only upon clients, residents, or patients, who for reasons disabled. of ill health are unable to visit a licensed salon. Such services are not 5. Shampoo Bowls: Each salon shall have shampoo bowls to be performed upon employees or persons who do not reside in equipped with hot and cold running water. The shampoo bowls shall the facility, or any other nonqualified persons. be located in the area where cosmetology services are being (3) Cosmetology services may only be performed in a performed. A specialty salon that exclusively provides specialty photography studio salon subject to the following requirements: services, as defined in Section 477.013(6), F.S., need not have a (a) Only hairarranging services and the application of cosmetic shampoo bowl, but must have a sink or lavatory equipped with hot products may be performed in a photography studio salon; and, may and cold running water on the premises of the salon. only be performed for the purpose of preparing a model or client of (d) Comply with all local building and fire codes. These the photography studio for a photographic session. Shampooing the requirements shall continue in full force and effect for the life of the hair, hair cutting, hair coloring, permanent waving of the hair, hair salon. relaxing, removing of hair, manicuring, pedicuring, and the (2) Each salon shall comply with the following: performance of any other service defined as cosmetology may not (a) Linens: Each salon shall keep clean linens in a closed, be performed in a photography studio salon. dustproof cabinet. All soiled linens must be kept in a closed (b) All hairarranging services and applications of cosmetic receptacle. Soiled linens may be kept in open containers if entirely products to be performed in the photography studio salon shall be separated from the area in which cosmetology services are rendered performed by a licensed Florida cosmetologist or under the to the public. A sanitary towel or neck strip shall be placed around supervision of a licensed cosmetologist employed by the salon. the patron’s neck to avoid direct contact of the shampoo cape with “Under the supervision of a licensed cosmetologist” shall mean that a patron’s skin. an individual who then holds a current, active Florida license as a (b) Containers: Salons must use containers for waving lotions cosmetologist shall be physically present at the photography studio and other preparations of such type as will prevent contamination of salon at all times when hairarranging services or applications of the unused portion. All creams shall be removed from containers by cosmetic products are being performed. spatulas. (c) When performing hairarranging services, the photography (c) Sterilization and Disinfection: The use of a brush, comb or studio salon shall use either disposable hairarranging implements or other article on more than one patron without being disinfected is shall use a wet or dry sanitizing system approved by the federal prohibited. Each salon is required to have sufficient combs, brushes, Environmental Protection Agency. and implements to allow for adequate disinfecting practices. Combs 61G520.00175 Fashion Photography. or other instruments shall not be carried in pockets. For purposes of Section 477.0263(3), F.S., fashion photography is (d) Sanitizers: All salons shall be equipped with and utilize wet hereby defined to mean the photographing of one or more human sanitizers with hospital level disinfectant or EPA approved subjects or professional models for commercial purposes where the disinfectant, sufficient to allow for disinfecting practices. subject or model receives remuneration, compensation or wages for 1. A wet sanitizer is any receptacle containing a disinfectant being photographed. Fashion photography shall not include solution and large enough to allow for a complete immersion of the instances in which the subject pays a photographer a fee to be articles. A cover shall be provided. photographed or instances in which the photographs are made for 2. Disinfecting methods which are effective and approved for the personal use and enjoyment of the subject rather than for salons: First, clean articles with soap and water, completely immerse commercial purposes. in a chemical solution that is hospital level or EPA approved 61G520.002 Salon Requirements. disinfectant as follows: (1) Prior to opening a salon, the owner shall: a. Combs and brushes, remove hair first and immerse in (a) Submit an application on forms prescribed by the hospital level or EPA approved disinfectant; Department of Business and Professional Regulation; and b. Metallic instrument, immerse in hospital level for EPA (b) Pay the required registration fee as outlined in the fee approved disinfectant; schedule in Rule 61G524.005, F.A.C.; and c. Instruments with cutting edge, wipe with a hospital level or (c) Meet the safety and sanitary requirements as listed below EPA approved disinfectant; or and these requirements shall continue in full force and effect for the d. Implements may be immersed in a hospital level or EPA life of the salon: approved disinfectant solution. 1. Ventilation and Cleanliness: Each salon shall be kept well 3. For purposes of this rule, a “hospital level disinfectant or EPA ventilated. The walls, ceilings, furniture and equipment shall be kept approved disinfectant” shall mean the following: clean and free from dust. Hair must not be allowed to accumulate a. For all combs, brushes, metallic instruments, instruments on the floor of the salon. Hair must be deposited in a closed with a cutting edge, and implements that have not come into container. Each salon which provides services for the extending or contact with blood or body fluids, a disinfectant that indicates on its sculpturing of nails shall provide such services in a separate area label that it has been registered with the EPA as a hospital grade which is adequately ventilated for the safe dispersion of all fumes bacterial, virucidal and fungicidal disinfectant; resulting from the services. b. For all combs, brushes, metallic instruments with a cutting 2. Toilet and Lavatory Facilities: Each salon shall provide – on edge, and implements that have come into contact with blood or 27 of 66 thepremisesorinthesamebuildingas,andwithin300feetof,the body fluids, a disinfectant that indicates on its label that it has been registered with the EPA as a tuberculocidal disinfectant, in requirements stated in this section. No more than one specialist or accordance with 29 C.F.R. 1910.1030. cosmetologist may be employed in a specialty salon with only the 4. All disinfectants shall be mixed and used according to the minimum floor space. An additional 50 square feet will be required manufacturer’s directions. for each additional specialist or cosmetologist employed. (e) After cleaning and disinfecting, articles shall be stored in a (6) For purposes of this rule, “permanent wall” means a vertical clean, closed cabinet or container until used. Undisinfected articles continuous structure of wood, plaster, masonry, or other similar such as pens, pencils, money, paper, mail, etc., shall not be kept in building material, which is physically connected to a salon’s floor the same container or cabinet. For the purpose of recharging, and ceiling, and which serves to delineate and protect the salon. rechargeable clippers may be stored in an area other than in a 61G520.003 Inspections. closed cabinet or container, provided such area is clean and The Department of Business and Professional Regulation shall cause provided the cutting edges of such clippers have been disinfected. an inspection of all proposed salons to determine if all the (f) Ultra Violet Irradiation may be used to store articles and requirements have been met. Each licensed salon shall be inspected instruments after they have been cleansed and disinfected. at least biennially by the Department. No person shall, for any (g) Pedicure Equipment Sterilization and Disinfection: reason intentionally, or directly inhibit an authorized representative The following cleaning and disinfection procedures must be used for of the Department from performing said inspections. any pedicure equipment that holds water, including sinks, bowls, 61G520.004 Display of Documents. basins, pipeless spas, and whirlpool spas: (1) All holders of a cosmetology or specialty salon license shall 1. After each client, all pedicure units must be cleaned with a display within their salons in a conspicuous place which is clearly lowfoaming soap or detergent with water to remove all visible visible to the general public upon entering the salon the following debris, then disinfected with an EPA registered hospital grade documents: bactericidal, fungicidal, virucidal, and pseudomonacidal disinfectant (a) The current salon license, used according to manufacturers instructions for at least ten (10) (b) A legible copy of the most recent inspection sheet for the minutes. If the pipefree foot spa has a foot plate, it should be salon. removed and the area beneath it cleaned, rinsed, and wiped dry. (2) All holders of a cosmetology or specialty salon license shall 2. At the end of each day of use, the following procedures shall require and ensure that all individuals engaged in the practice of be used: cosmetology, any specialty, hair braiding, hair wrapping, or body a. All filter screens in whirlpool pedicure spas or basins for all wrapping display at the individual’s work station their current types of foot spas must be sanitized. All visible debris in the screen license or registration at all times when the individual is performing and the inlet must be removed and cleaned with a lowfoaming soap cosmetology, specialty, hair braiding, hair wrapping, or body or detergent and water. For pipefree systems, the jet components or wrapping services. The license or registration on display shall be the foot plate must be removed and cleaned and any debris removed. original certificate or a duplicate issued by the Department and shall The screen, jet, or foot plate must be completely immersed in an have attached a 2'' by 2'' photograph taken within the previous two EPA registered, hospital grade bactericidal, fungicidal, virucidal, and years of the individual whose name appears on the certificate. The pseudomonacidal disinfectant that is used according to certificate with photograph attached shall be permanently manufacturer’s instructions. The screen, jet, or foot plate must be laminated as of July 1, 2007. replaced after disinfection is completed and the system is flushed (3) By July 1, 2008, all holders of a cosmetology or specialty with warm water and lowfoaming soap for 5 minutes, rinsed, and salon license shall display at each footbath a copy of the Consumer drained. Protection Notice regarding footbaths, sanitation, and safety. Copies b. After the above procedures are completed, the basin should of this notice (revised 10/15/07, and incorporated herein by be filled with clean water and the correct amount of EPA registered reference) may be obtained from the Department of Business and disinfectant. The solution must be circulated through foot spa Professional Regulation at 1940 North Monroe St., Tallahassee, FL system for 10 minutes and the unit then turned off. The solution 323990783, and the Call Center by calling (850)4871395. should remain in the basin for at least 6 to 10 hours. Before using 61G520.005 Salon License Renewal. All salon licenses shall be the equipment again, the basin system must be drained and flushed renewed on or before November 30 of each biennial with clean water. (evennumbered) year, by meeting all the current requirements for 3. Once each week, subsequent to completing the required salon licensure as expressed in Rule Chapter 61G520, F.A.C., and by endofday cleaning procedures, the basin must be filled with a paying the renewal fee specified in Rule 61G524.009, F.A.C. A salon solution of water containing one teaspoon of 5.25% bleach for each license is delinquent if not renewed by the November 30 renewal gallon of water. The solution must be circulated through the spa date. To renew a delinquent license, a licensee shall pay delinquent system for 5 to 10 minutes and then the solution must sit in the fee as outlined in Rule 61G524.009, F.A.C. (in addition to the basin for at least 6 hours. Before use, the system must be drained biennial renewal fee). A delinquent salon license shall expire at the and flushed. end of the biennium in which it becomes delinquent. After a salon 4. A record or log book containing the dates and times of all license has expired at the end of the biennium, a new salon license pedicure cleaning and disinfection procedures must be documented application, the delinquent fee as outlined in Rule 61G524.009, and kept in the pedicure area by the salon and made available for F.A.C., and all fees as outlined in Rule 61G524.005, F.A.C., must be review upon request by a consumer or a Department inspector. filed with the Board. Until such new license is issued for and (3) No cosmetology or specialty salon shall be operated in the received by the salon, all cosmetology and specialty services shall same licensed space allocation with any other business which cease. adversely affects the sanitation of the salon, or in the same licensed 61G520.006 Transfer of Ownership or Location of a Salon. space allocation with a school teaching cosmetology or a specialty No salon license may be transferred from the name of one licensee licensed under Chapter 477, F.S., or in any other location, space, or to another. A salon license may be transferred from one location to environment which adversely affects the sanitation of the salon. In another only by filing a new application and fee and obtaining order to control the required space and maintain proper sanitation, departmental approval, pursuant to the requirements of Rule where a salon adjoins such other business or school, or such other 61G520.002, F.A.C., prior to transferring the license. location, space or environment, there must be permanent walls 61G520.007 Communicable Disease. separating the salon from the other business, school, location, (1) No person engaged in the practice of cosmetology or a space, or environment and there must be separate and distinctly specialty in a salon shall proceed with any service to a person having marked entrances for each. a visible disease, pediculosis, or open sores suggesting a (4) Evidence that the full salon contains a minimum of 200 communicable disease, until such person furnishes a statement square feet of floor space. No more than two (2) cosmetologists or signed by a physician licensed to practice in the State of Florida specialists may be employed in a salon which has only the minimum stating that the disease or condition is not in an infectious, floor space. contagious or communicable stage. (5) A specialty salon offering only one of the regulated (2) No cosmetologist or person registered to practice any specialties shall evidence a minimum of 100 square feet used in the specialty in Florida, who has a visible disease, pediculosis, or open performance of the specialty service and shall meet all the sanitation sores suggesting a communicable disease, shall engage in the practice of cosmetology or any specialty, until such cosmetologist or performed by the applicant in the salon are performed in registrant obtains a statement signed by a physician licensed to accordance with all applicable laws and Rules of the Board; practice in the State of Florida stating that the disease or condition is (e) display in a conspicuous place at the cosmetology or not in an infectious, contagious, or communicable stage. specialty salon location in which the applicant performs specialty 61G520.008 Employment of Applicants for Licensure as a services pursuant to Rule 61G529.004, F.A.C., or hair braiding or hair Cosmetologist Prior to Licensure; Employment of Applicants for wrapping services pursuant to Rule 61G531.006, a copy of the Registration as a Specialist Prior to Registration. completed application for registration as a specialist or application (1) Holders of a cosmetology salon license who wish to permit for registration as a hair braider or hair wrapper submitted to the an applicant for licensure as a cosmetologist by examination to Department by the applicant. perform cosmetology services in their salon pursuant to Rule 61G520.010 Mobile Salons. 61G518.0055, F.A.C., shall: (1) The operation of all mobile cosmetology salons shall meet (a) Prior to permitting an applicant to perform cosmetology and at all times remain in compliance with all local laws and services in their salon, obtain from the applicant a copy of the ordinances regulating business establishments in all areas in which completed application for licensure by examination submitted to the the mobile salon operates, with all applicable requirements of the Department by the applicant, and a copy of the notification by the Americans with Disabilities Act relating to accommodations for Department to the applicant that he or she has been scheduled to persons with disabilities, and with all applicable OSHA requirements. take the licensure examination. The cosmetology salon license (2) Each mobile salon shall meet and at all times remain in holder shall not permit an applicant to practice cosmetology or compliance with the requirements of this rule, all licensure and perform cosmetology services in the salon until after the date of the operating requirements specified in Chapters 455 and 477, F.S., and licensure examination as indicated on the notification from the all other rules of the Board and the Department which apply to Department. cosmetology salons at fixed locations except to the extent those (b) Upon learning or in any way becoming aware that an rules of the Board conflict with this rule. applicant who is performing cosmetology services in their salon (3) To facilitate inspections by the Department: pursuant to Rule 61G518.0055, F.A.C., has either failed to take the (a) Prior to the beginning of each month, each mobile salon first licensure examination as scheduled by the Department, or has license holder shall file with the Board a written monthly itinerary failed to achieve a passing grade on the first licensure examination which lists the locations where and the dates and hours when the taken by the applicant, immediately cease to permit the applicant to mobile salon will be operating. further perform cosmetology services until the applicant provides to (b) The salon name and salon license number shall be in the cosmetology salon license holder a copy of the completed lettering at least five inches in height and shall be visibly displayed application for reexamination submitted to the Department by the and clearly legible on at least two exteriors sides of each mobile applicant for the next available licensure examination immediately salon. following the licensure examination which the applicant failed to (c) If a mobile salon is in a motor vehicle, the vehicle’s take or pass. identifications number shall be included on the mobile salon’s (c) Upon learning or in any way becoming aware that an application for licensure and shall also be listed on the mobile applicant who is performing cosmetology services in their salon salon’s monthly itinerary required in paragraph (a) of this pursuant to Rule 61G518.0055, F.A.C., has either failed to take the subsection. next available licensure examination immediately following the (d) Each mobile salon shall have a telephone or other means of licensure examination which the applicant failed to pass, telecommunication by which it can be contacted by the Department immediately cease to permit the applicant to further perform personnel. The salon’s telephone number shall be included on the cosmetology services until the applicant provides to the mobile salon’s application for licensure and shall also be listed on cosmetology salon license holder proof of having been issued a the mobile salon’s monthly itinerary required in paragraph (a) of this cosmetology license by the Department. subsection. (d) Ensure that all cosmetology services performed by the (e) Each salon shall be operated only at the times and places applicant in the salon are performed in accordance with the specified in its monthly itinerary. conditions as set forth in Rule 61G518.0055, F.A.C. (f) Each mobile salon license holder shall maintain a permanent (e) Display in a conspicuous place at the cosmetology salon business address in the inspection area of the local district office at location in which the applicant performs cosmetology services under which records of appointments, itineraries, license numbers of Rule 61G518.0055 a copy of the completed application for licensure employees, and vehicle identification numbers of the license by examination submitted to the Department by the applicant, and a holder’s mobile salon shall be kept and made available for copy of the completed application for reexamination submitted to verification purposes by Department personnel, and at which the Department by the applicant if such reexamination is required correspondence from the Department can be received. Post Office under Rule 61G518.0055, F.A.C. box or private mail box addresses may not be used for these (2) Holders of a cosmetology or specialty salon license who purposes. wish to permit an applicant for registration as a specialist to perform (4) Due to the inherent problems of providing water and specialty services in their salon pursuant to Rule 61G529.004, F.A.C., sewage service to mobile salons, the following requirements shall or who wish to permit applicants for registration as a hair braider or apply: hair wrapper to perform hair braiding or hair wrapping services in (a) Each mobile salon shall be equipped with a functional their salon pursuant to Rule 61G531.006, shall: restroom which includes a selfcontained, flush chemical toilet with a (a) prior to permitting an applicant to perform any specialty holding tank. The restroom, shall also be in substantial compliance services or hair braiding or hair wrapping services in their salon, with the toilet and lavatory requirements specified in Rule obtain from the applicant a copy of the completed application for 61G520.002, F.A.C. registration submitted to the Department by the applicant; (b) Each mobile salon shall have storage capacity for at least 35 (b) upon learning or in any way becoming aware that an gallons of clean water for each cosmetologist working in the mobile applicant who is performing specialty services in their salon salon and a total storage capacity for waste water equal to or pursuant to Rule 61G529.004, F.A.C., or performing hair braiding or greater than the mobile salon’s total capacity for clean water. hair wrapping services in their salon pursuant to Rule 61G531.006, (c) Operation of a mobile salon shall promptly cease: F.A.C., has been notified that his or her application is incomplete, or 1. When the mobile salon’s clean water supply is depleted or so hasbeendeterminedbytheBoardtobenotqualifiedfor diminished that further cosmetology service cannot be completed; registration as a specialist, shall immediately cease to permit the 2. When the mobile salon’s waste water storage capacity if applicant to further perform specialty services; reached; (c) ensure that all specialty services performed by the applicant 3. When the mobile salon’s restroom is in need of servicing. in the salon are performed in accordance with the conditions as set (d) No mobile salon shall operate or resume operation unless it forth in Rule 61G529.004, F.A.C., and all other applicable laws and has a sufficient amount of clean water as well as waste water Rules of the Board; capacity necessary for completing all cosmetology services 29 of 66 (d) ensure that all hair braiding and hair wrapping services undertaken and its restroom is functional. (e) In disposing of sewage and waste water, each mobile salon (g) To understand the complaint procedures for violations of shall comply with applicable state and local environmental and Chapter 477, F.S., or the rules promulgated pursuant thereto; sanitation regulations. (h) To understand the definitions as used in Chapter 477, F.S.; (5) No cosmetology services shall be preformed and no patrons (i) To understand the requirements through rules and shall remain within a mobile salon while it is in motion. regulations for license renewal; and (6) Applicants for licensure of a mobile salon shall be subject to (j) To know the fees and their disposition. and shall pay the same fees which licensed salons at fixed locations 61G522.005 Sanitation and Sterilization. are subject to. (1) Objective: To use chemical agents and ultraviolet rays to CHAPTER 61G522 sanitize implements and equipment in the salon and promote and SCHOOL CURRICULUM PERFORMANCE BASED LEARNING MINIMAL protect good health in the community. COMPETENCY AND SERVICE (2) Learning Objectives: 61G522.001 Purpose. (a) To define terms and to describe and clarify bacteria in Recognizing that cosmetology/specialty training involves the use of relation to its growth and reproduction and its relation to the spread tools and chemicals which may be dangerous when applied of disease; improperly; that cosmetology/specialty training is performance (b) To describe five (5) methods of sanitation; objective oriented; and, that the quality of acceptable performance (c) To describe the various agents used to prevent the spread of for a student to be deemed competent must be the quality of work disease; and expected from a new employee in a beauty salon, the following (d) To describe measures used to sanitized service areas. learning (theory) and performance (practical) objectives are detailed (3) Performance Objectives: to assure minimal competency by the performance of services (a) To effectively sanitize the cosmetologist's implements in required to protect the public from discernible danger. Performance promoting good health; and of these services is provided as a basic curricula which shall be used (b) To sanitize necessary equipment in the salon to prevent the in cosmetology schools in the State of Florida. spread of disease. 61G522.002 Definitions. 61G522.006 Facials (Including Skin Care and Hair Removal). (1) Level of Acceptability – Minimum passing grade. The level of (1) Objective: To gain information and knowledge to give a acceptability for each of the cosmetology/specialty subjects, facial massage treatment using oils, creams, lotions, or other theoretical and practical, shall be a minimum score of seventyfive preparations to properly protect the client from significant damage percent (75%) or better on an examination on each of the objectives and to describe chemicals, implements and techniques used in hair for each subject area. removal. (2) Learning Objective. Statements of the basic subject matter (2) Learning Objectives: content arranged in an effective learning sequence – what the (a) To explain the structure and function of skin; classroom teacher or manager will do in the learning/teaching (b) To describe diseases of the glands; situation. (c) To recognize lesions; (3) Performance Objective. A statement of exactly what the (d) To describe basic facial massage movements; learner must do in observable and measurable terms. A terminal (e) To recognize and define the various types of corrective objective – the final action or performance of the individual or facials; group. (f) To describe products used and the purpose of each; (4) A minimum student performance standard is a statement (g) To understand the purpose and effects of muscle toning; specifying competencies that all students are expected to attain at a (h) To describe the benefits and nature of light therapy; particular point in time. Mastery of a standard will be demonstrated (i) To analyze and correct improper brow shapings; by the mastery of a predetermined number of skills related to the (j) To describe the proper steps in removing hair through standard. tweezing or waxing; and (5) Services. Minimal number of performances in applicable (k) To understand the safety precautions to follow in the use of subject categories required for certification for examination. electrical apparatus in hair removal; 61G522.003 Level of Acceptability. (l) To apply makeup. Every school shall evaluate each individual for competency on each (3) Performance Objectives: objective for each subject area. (a) To use the materials and equipment required in giving 61G522.004 Florida Law. facials; (1) Objective: To present an overview of cosmetology law and (b) To perfect procedures and manipulations; rules and regulations in relation to consumer protection for both (c) To use the proper steps and safety precautions in giving health and economic matters. facial treatments for varied types of skin; (2) Learning Objectives: (d) To analyze and correct improper brow shapings; and (a) To define the limitations of the authority of the Board of (e) To remove superfluous hair on the head, face or neck Cosmetology; through epilation and/or depilation, excluding electrolysis. (b) To define the rulemaking authority of the Board of (4) Services required: ten (10). Cosmetology; (5) Definition of Services: Services shall be a facial, a client (c) To understand the qualifications for licensure; consultation/skin analysis; exfoliation, either manual, mechanical or (d) To understand the procedures and context of examinations; chemical; cleansing; toning; manipulations; and packs, masks, or (e) To comprehend the requirements for cosmetology salons other treatments as needed. and inspections; (6) At a minimum, the curriculum of schools and programs (f) To be aware of the disciplinary proceedings and penalties for specified in Section 477.0201, F.S., shall include the following hours violations of Chapter 477, F.S.; of instruction in the indicated theory items:

TOPIC HOURS (a) Florida Laws and Rules 5 (b) HIV and AIDS 4 (c) Sanitation 10 (d) Ethics 2 (e) Basics of Electricity 8 (f) Facial Techniques and Contraindications 66 (g) Product Chemistry 8 (h) Hair Removal 2.5 (i) Makeup 2 (j) Skin Theory, Disease and Disorders of the Skin 85 (7) The curriculum shall also include the performance of the following specified services as indicated as well as the estimated total number of hours needed to complete the required number of services: TYPE OF SERVICE NUMBER OF SERVICES HOURS REQUIRED (a) Facials, manual and mechanical, including masks, packs or 40 40 treatments which must be performed on a variety of skin types including normal, oily, dry, combination, problem, and mature (b) Set up, use and maintenance of electrical devices 5 1.25 (c) Hair removal, including tweezing, waxing, threading, and sugaring 20 5 (d) Makeup application for both day time and nighttime looks 10 5 (e) Lash and brow tinting 10 5 (f) Eyelash application, including strip lashes, individual lashes, and 10 10 semi-permanent lashes (g) Manual Extractions 5 1.25 61G522.007 Hair Shaping. (c) To describe the contents and characteristics of specific kinds (1) Objective: of shampoos; To use hair shaping implements and supplies in cutting the client's (d) To identify appropriate products for conditioning the client's hair in a requested style(s) in specific times between 15 to 30 hair and scalp; and minutes. (e) To recognize scalp and hair disorders and diseases and (2) Learning Objectives: suggest corrective measures. (a) To be able to describe hair shaping implements, their uses (3) Performance Objectives: and cutting movements; (a) To cleanse the scalp and hair using various methods; (b) To explain the differences between razor and scissor (b) To perform scalp manipulations in shampooing; shaping; and (c) To analyze scalp and hair to determine proper shampoo; (c) To take growth patterns, facial features, various hair (d) To identify types of rinses and the purposes of each; and textures, finished style and other factors into account before (e) To use proper rinsing techniques. cutting. (4) Services required: fifty (50). (3) Performance Objectives: 61G522.010 Hair Arranging (Styling). (a) To give blended basic, low, medium, and high elevation wet (1) Objective: razor and scissor shaping; To arrange a client's hair into a style of the client's choice through (b) To give a tailored neckline on dry hair; the development of dexterity, coordination and strength in creating (c) To perform tapered cutting; designs and patterns in the hair. (d) To perform slither (effilating) cutting; (2) Learning Objectives: (e) To blunt, cut wet hair (razor and scissors); and (a) To describe the parts of a fingerwave and identify waves, (f) To section hair and analyze head form in preparation of a shapings, sculpture (pin) curls and base directed hair; finished, professional style. (b) To identify the setting and combing implements used to (4) Services required: seventyfive (75). style hair; 61G522.008 Scalp Treatments and Hair Care Rinses. (c) To identify hairstyling terms and define parts of sculpture (1) Objective: (pin) curls, their shapes, variations and strengths; To provide a beneficial service of stimulation to contribute to a (d) To describe the basic principles used to decide correct roller healthy scalp and to select a specific treatment that will improve the diameter in relationship to hair length and define inside and outside appearance of a client's hair following proper safety precautions in movement of hair; the application procedure. (e) To explain the purpose of stem roller placement; (2) Learning Objectives: (f) To understand and identify the facial and head features in (a) To describe the benefits of scalp manipulations; creating an illusion of an oval facial shape; (b) To explain when scalp manipulations can and cannot be (g) To characterize the common profiles in relation to styling a given; client's hair; (c) To describe the application of electricity in high frequency (h) To understand other distinctive physical characteristics in scalp treatments; determining the hair style; (d) To become aware of the physical and chemical actions that (i) To describe the various techniques used to silk (press) the damage hair; hair with pressing combs and to produce thermal curls; (e) To describe the use of proteins in treating the hair; (j) To describe the history of and kinds of thermal implements (f) To clarify and describe different types of conditioners; and supplies used today; and (g) To define temporary hair coloring; and (k) To understand the variety of hairpieces and their uses. (h) To describe the advantages and disadvantages of temporary (3) Performance Objectives: colors. (a) To part off styling sections of the head; (3) Performance Objectives: (b) To set and comb alternating rows of horizontal and vertical (a) To give a scalp treatment using physical manipulations of finger waves; stimulation; (c) To set and comb sculpture (pin) curls in varied movements (b) To provide high frequency scalp treatments using proper in various sections of the head; safety precautions to protect the client; (d) To set and comb roller curls in different patterns in various (c) To assess hair damage and choose the appropriate sections of the head; conditioners; and (e) To silk (press) the hair using a soft, medium and hard press; (d) To select and apply temporary color rinses according to the (f) To curl hair with thermal irons using varied techniques and client's desire and need. implements; and (4) Services required: fortyfive (45). (g) To clean, condition, shape, color and style various types of 61G522.009 Shampoos and Rinses. wigs and hairpieces. (1) Objective: (4) Sets, styles, wigs, hairpieces, thermalwork shall be credited To use shampoo supplies and chemicals in cleansing the scalp and individually to services required. hair in preparation for additional salon services. (5) Services required: three hundred (300). (2) Learning Objectives: 61G522.011 Hair Coloring. (a) To describe the physical and chemical actions of (1) Objective: shampooing; To change the client's hair color through the the use of (b) To describe the effects of various types of shampoos and semipermanent, permanent, and lightening products following rinses and their purposes; 31 of 66 proper steps to safeguard the client in giving the desired service. (2) Learning Objectives: (a) To describe nail structures; (a) To discriminate between primary, secondary, tertiary and (b) To describe nail irregularities; competing colors; (c) To identify nail diseases; (b) To understand the nature of light in relation to color (d) To identify the basic types or artificial and sculptured nails services; and nail extensions and their uses; (c) To define the hair coloring terms and chemicals to be used; (e) To use safety precautions and sanitation methods in (d) To describe the chemical effects on the hair; manicuring, pedicuring, and extending the nails; (e) To identify the seven stages of hair lightening; (f) To describe chemicals and products. (f) To identify the toning colors; (3) Performance Objectives: (g) To describe the special techniques and procedures used in (a) To give a manicure; achieving the color or lightening service for the client following (b) To give a pedicure; acceptable safety precautions; (c) To give a massage of the hands and feet; (h) To understand the mixing of chemicals, their advantages (d) To extend nails. and disadvantages; (4) Services required: a minimum of twenty (20). The Board (i) To evenly apply a semipermanent color using proper safety recommends that in meeting this requirement students perform a precautions; combination of these services; a service constitutes one complete (j) To follow label directions using proper safety precautions in set of nails per client for either manicure, pedicure, or nail applying a permanent hair color to the client's hair; extension. (k) To use safety precautions and follow label directions in 61G522.014 Optional Curricula. applying virgin bleach and a bleach retouch; and (1) The optional curricula is provided for those students who (l) To describe the steps in achieving special lightening effects. have completed certification for examination. This curricula is not (3) Performance Objectives: mandatory for the certification examination. (a) To select and apply semipermanent colors; (2) Beauty Salon Management (b) To test hair for metallic salts; (a) Objective: (c) To select and apply a virgin tint to lighten or darken hair; To describe the basic principles needed to plan and operate a salon (d) To select and apply a tint retouch; as a successful business. (e) To select and apply a virgin bleach; (b) Learning Objectives: (f) To select and apply a bleach retouch; 1. To describe considerations for a salon site and building; (g) To streak, frame, frost, paint the hair using lightening 2. To examine all factors involved in purchasing an existing techniques; and salon; (h) To properly select and tint hair back to its original color, 3. To study lease terms and negotiations; either lighter or darker. 4. To describe the legal forms of ownership; (4) Services required: fortyfive (45). 5. To become aware of salon insurance needs; 61G522.012 Chemical Waving and Relaxing/Straightening. 6. To understand factors involved in purchasing beauty salon (1) Objective: To use professional chemicals and implements in equipment and supplies; waving and relaxing the hair to make it more manageable and 7. To identify considerations involved in determining salon durable for the client from one styling to another. operating policies and techniques for interviewing prospective (2) Learning Objectives: employees; (a) To use safety precautions and follow manufacturer's 8. To understand basic accounting principles and the basic costs directions in curling the hair with chemicals; involved in planning and operating a beauty salon. (b) To describe the effects of chemical waving, the basic 61G522.015 Specialty Certification. chemicals, the comparison of pH, the cost factors, the methods of (1)(a) A student at a school specified in Section 477.0201, F.S., giving thio, acid, and neutral waves; shall successfully complete the hours of instruction and the (c) To properly analyze hair prior to giving a chemical service; performance of services specified in subsections 61G522.016(1) and (d) To understand the physical and chemical effects on the hair; (2), F.A.C., which instruction and services shall be designed to meet (e) To describe the difference between a base and nobase the learning objectives set forth in subsections 61G522.004(2), relaxer; and 61G522.005(2) and 61G522.0125(2), F.A.C. (f) To identify safety precautions and chemicals used in (b) The school shall issue the student a certificate of completion chemical relaxing and straightening services. in the specialty area of manicuring/pedicuring/nail extensions upon (3) Performance Objectives: the student's completion of paragraph (1)(a) and achievement of a (a) To analyze the hair and select lotion/rods; passing score of 75% or better on a comprehensive final (b) To section (block) and subsection the hair and wrap it on examination administered and graded by the school. wave rods; (2) Upon successful academic completion of 260 hours of (c) To process and neutralize chemical waves; instruction designed to meet the learning objectives set forth in (d) To subsection, wrap, process, and neutralize for both long subsections 61G522.004(2), 61G522.005(2) and 61G522.006(2), and short hair styles; F.A.C., and completion of forty (40) services, a school shall issue a (e) To apply a base and nobase chemical relaxer to virgin hair; certificate of completion in the specialty area of facials. (f) To apply a base and nobase chemical relaxer for a retouch (3) A student who starts a specialty program before March 1, (retrace); and 1994, shall be qualified to receive a certificate of completion upon (g) To apply a semirelaxer for a chemical blowout service. his or her successful completion of 120 hours of instruction designed (4) Service required: sixtyfive (65). to meet the learning objectives set forth in subsections 61G522.0125 Manicuring/Pedicuring/Nail Extension. 61G522.004(2), 61G522.005(2) and 61G522.0125(2), F.A.C., and (1) Objective: To use professional manicuring implements, completion of 50 services as required by subsection supplies, procedures, in shaping and polishing the nails. 61G522.0125(4), F.A.C. (2) Learning Objectives: 61G522.016 Minimum Curriculum for Nail Specialty Training. (1) At a minimum, the curriculum of schools and programs specified in Section 477.0201, F.S., shall include the following hours of instruction in the indicated topics: Topic Hours (a) Florida Cosmetology laws and rules 5 (b) HIV/AIDS 4 (c) Sanitation 4 (d) Ethics 2 (e) Nail Theory, Practice, and Related 85 Subjects including nail disorders and diseases (2) The curriculum shall also include the performance of the following specified services as indicated (the estimated total number of hours needed for performing the specified services is also indicated): Type of Service No. of Svcs. Hours required (a) Manicures 20 20 (b) Pedicures 10 10 (c) Tips with Overlay 15 37.5 (d) Sculpting Using A Form 15 37.5 (e) Nail Wraps and/or Mending 10 15 (f) Nail FillIns 10 10 (g) Artificial Nail Removal 5 5 (h) Polishing and Nail Art 10 5

CHAPTER 61G524 The fee for a duplicate license of any kind shall be twentyfive dollars FEE SCHEDULE ($25.00). 61G524.001 Collection and Payment of Fees. 61G524.008 Biennial Renewal Fee for Cosmetologists and All fees shall be made payable to the Department of Business Specialists. and Professional Regulation. The fee for biennial renewal of a cosmetologist’s license shall be fifty 61G524.002 Original Cosmetologist Licensure Fee, Cosmetologist dollars ($50.00). The fee for biennial renewal of a specialist’s Examination and Endorsement Fees, Initial Specialist Registration; registration shall be fifty dollars ($50.00). Application and Endorsement Fees. 61G524.009 Biennial Renewal Fee and Delinquent Fee for Salon (1) The following fees are adopted by the Board: License. (a) The fee for original licensure as a cosmetologist shall be fifty (1) The fee for a biennial renewal of a salon license shall be fifty dollars ($50.00) and shall be paid by all applicants for licensure. dollars ($50.00). (b) The examination fee for licensure as a cosmetologist by (2) A salon license which is renewed within twentyfour months examination shall be fifty dollars ($50.00). When the examination is of the expiration of the license shall be renewed upon payment of a not conducted by a professional testing service pursuant to Section delinquent fee of fifty dollars ($50.00) (in addition to the biennial 455.2171, F.S., the entire examination fee shall be payable to the renewal fee). Department. When the examination is conducted by a professional 61G524.010 Delinquent License and Specialty Registration Fee. testing service pursuant to Section 455.2171, F.S., twentythree A licensee who is delinquent in applying for renewal shall pay a dollars ($23.00) of the examination fee shall be payable to the delinquent fee of fifty dollars ($50.00). A registrant who is Department; and, twentyseven dollars ($27.00) shall be payable to delinquent in applying for renewal shall pay a delinquent fee of fifty the professional testing service. dollars ($50.00). Such fee shall be in addition to the renewal. (c) The application fee for licensure as a cosmetologist by 61G524.011 Processing Fee; Change of Status. endorsement shall be fifty dollars ($50.00). A licensee or registrant who is applying for a change in licensure or (d) The fee for initial registration as a specialist shall be fifty registration at any time other than during the licensure or dollars ($50.00), and shall be paid by all applicants for registration. registration renewal period, shall pay a processing fee of five dollars (e) The application fee for registration as a specialist shall be ($5.00). thirty dollars ($30.00). 61G524.016 Reactivation Fee for Cosmetologists and Specialists. (f) The fee for registration as a specialist by endorsement shall The fee for reactivation of an inactive license or specialty be thirty dollars ($30.00). registration shall be fifty dollars ($50.00). Such fee shall be in (2) Applicants for licensure as a cosmetologist by examination addition to the biennial renewal fee prescribed in Rule 61G524.008, shall pay both the original licensure fee and that part of the F.A.C. examination fee which is payable to the Department at the time of 61G524.016 Reactivation Fee for Cosmetologists and Specialists. their application. Any part of the examination fee which is payable (1) The fee for renewal of an inactive license shall be fifty to a professional testing service shall be paid to that service upon dollars ($50.00). notification by the Department that the applicant’s application for (2) The fee for renewal of an inactive registration shall be fifty licensure by examination has been approved. Applicants for dollars ($50.00). licensure as a cosmetologist by endorsement shall pay both the 61G524.018 Examination Review Fee. original licensure fee and the application fee at the time of their The fee for review of an examination shall be thirty dollars ($30.00). application. Applicants for registration as a specialist shall pay both 61G524.019 Hair Braiding and Hair Wrapping Fees. the initial registration fee and the application fee at the time of their (1) The initial fee for registration as a hair braider, hair wrapper, application. Applicants for registration as a specialist by or body wrapper shall be twentyfive dollars ($25.00). endorsement shall pay both the initial registration fee and the fee (2) The fee for biennial renewal of a hair braiding, hair for registration as a specialist by endorsement at the time of their wrapping, or body wrapping registration in an active or inactive application. status shall be twentyfive dollars ($25.00). 61G524.005 Salon License Fee. (3) The delinquency fee to be paid by a delinquent status hair The salon license fee shall be fifty dollars ($50.00). In addition, a braider registrant, hair wrapper registrant, or body wrapper nonrefundable application fee of fifty dollars ($50.00) shall be registrant when applying for either active or inactive status shall be submitted with the salon license application. twentyfive dollars ($25.00). The delinquency fee shall be paid in 61G524.006 Cosmetologist Reexamination Fee. addition to the normal renewal fee for the status for which the When the examination for licensure as a cosmetologist is not registrant has applied. conducted by a professional testing service pursuant to Section (4) The fee for the reactivation of an inactive hair braider, hair 455.2171, F.S., the reexamination fee shall be fifty dollars ($50.00), wrapper, or body wrapper registration to active status shall be fifty and shall be payable to the Department. When the examination for dollars ($50.00). The reactivation fee shall be paid in addition to any licensure as a cosmetologist is conducted by a professional testing difference between the normal inactive renewal fee and the active service pursuant to Section 455.2171, F.S., the reexamination fee renewal fee. shall be twentythree dollars ($23.00) which shall be payable to the (5) The fee for a change in the status of a hair braider, hair Department; and, thirteen dollars and fifty cents ($13.50) per part of wrapper, or body wrapper registration if requested at a time other the licensure examination to be retaken by the applicant, which shall than the normal renewal period shall be five dollars ($5.00). be payable to the professional testing service. 61G524.020 Special Assessment Fee. 61G524.007 Duplicate License Fee. (1) As a condition of license or registration renewal for the biennium beginning on November 1, 2006, December 1, 2006, or 33 of 66 November 1, 2007, all active and inactive licensee and registration holders, including all licensed cosmetologists, cosmetology and physical location where the licensee or registrant practices specialty salon license holders, registered specialists, registered hair cosmetology or a specialty. braiders, registered hair wrappers, and registered body wrappers, (2) Any time that the current mailing address or place of shall pay a onetime special assessment fee of $30.00 in order to practice of any licensee or registrant changes, written notification of eliminate the current cash deficit in the operating funds of the the change shall be provided to the Department within ninety (90) Board. Payment of this fee shall be due and payable at the time the days of the change. Written notice shall be sent to the following license or registration is renewed. address: Florida Board of Cosmetology, Department of Business and (2) Failure to comply with this rule and pay the required fee Professional Regulation, Northwood Centre, 1940 North Monroe shall constitute grounds for disciplinary action pursuant to Sections Street, Tallahassee, Florida 323990790. 477.029(1)(i), and 455.227(1)(b) and (q), F.S. (3) It shall be a violation of this rule for a licensee or registrant CHAPTER 61G525 to fail to advise the Department within ninety (90) days of a change LICENSURE STATUS AND NOTICE OF ADDRESS CHANGE of mailing address. It shall not be a violation of this rule to fail to 61G525.001 Active Status. advise the Department of a change of one’s place of practice within (1) The department shall renew an active cosmetology license ninety (90) days. or specialty registration upon timely receipt of the completed CHAPTER 61G529 application for status, the biennial renewal fee, and certification that SPECIALTY LICENSING the licensee or registrant has demonstrated participation in the 61G529.001 Definitions. continuing education required by Rule 61G532.001, F.A.C. (1) “Specialty Registration” means a registration to practice one (2) The term “completed application” for purposes of active or more of the following specialties: manicuring/pedicuring/ nail status or inactive status shall mean either a completed renewal extension, facials (skin care and hair removal). notice or a written request from the licensee or registrant (2) “Certificate of Completion” means a certificate from one of accompanied by a statement affirming compliance with the the following: applicable requirements for renewal. (a) A school licensed pursuant to Chapter 1005, F.S., or the 61G525.002 Inactive Status; Reactivation. equivalent licensing authority of another state. (1) Any licensee or registrant may elect at the time of license (b) A specialty program within the public school system. renewal to place the license or registration into inactive status by (c) A specialty division within the Cosmetology Division of the filing with the Board a completed application for inactive status as Florida School for the Deaf and the Blind, provided the training defined by Rule 61G525.001(2), F.A.C., and by paying the inactive programs comply with minimum curriculum requirements status fee. established by the board. (2) An inactive status licensee or registrant may change to (3) “Facials” means the massaging or treating of the face, skin active status at any time provided the licensee or registrant meets or scalp with or without the use of mechanical devices using oils, the continuing education requirements of Rule 61G532.001, F.A.C., creams, lotions or other cosmetic products which are used to pays the reactivation fee, and if the request to change licensure cleanse and condition the skin, to prevent or correct problems or status is made at any time other than at the beginning of a licensure conditions of the face and neck, and to color and beautify the face cycle, pays the additional processing fee. However, a licensee or and neck or enhance their features; and, skin care services for the registrant whose license or registration has been in inactive status body. Facials shall be performed only by individuals licensed for more than two consecutive biennial licensure cycles shall be pursuant to Sections 477.019 and 477.0201, F.S., and performed in required to submit a statement affirming that the licensee or schools licensed pursuant to Chapter 1005, F.S., or salons licensed registrant has read within the last thirty (30) days and is familiar pursuant to Section 477.025, F.S. with the laws and rules for the practice of cosmetology in the State (4) “Cosmetic Demonstration” means the application or of Florida before the license or registration can be placed into active removal of cosmetic products for the purposes of demonstration of status. the cosmetic products as part of a sales or promotion program (3) Any inactive licensee or registrant who elects active status is rendered without compensation for the service from the individual not eligible to elect to return to inactive status until the next or individuals who are the recipients or audience of the licensure renewal period. demonstration. (4) A cosmetologist or specialist may not work with an inactive (5) “Cosmetic products” means any external preparation which or delinquent license or registration. is intended to cleanse, tone, color or beautify the face or neck, 61G525.003 Delinquent Status. including but not limited to skin cleansers, astringents, skin (1) The failure of any license or registration holder to elect fresheners, lipstick, eyeliner, eye shadow, foundation, rouge or active or inactive status before the license or registration expires cheek color, mascara, face powder or corrective stick. shall cause the license or registration to become delinquent. (6) “Simple Adhesive” as used in Section 477.013(6)(a), F.S., (2) The delinquent status licensee or registrant must means a substance by which artificial nails (such as “press on nails”) affirmatively apply for active or inactive status during the licensure can be attached to and then easily detached from a patron with cycle in which the licensee or registrant becomes delinquent. The slight pressure only, without the application of any nail primer or failure by the delinquent status licensee or registrant to cause the solvents of any kind, and without removing the natural oils from or license or registration to become active or inactive before the roughing of such patron’s nails. expiration of the licensure cycle in which the license or registration 61G529.002 Specialty Registration.(1) An applicant who has became delinquent shall render the license or registration null and received a certificate of completion in manicuring/pedicuring/nail void without further action by either the Board or the Department. extension shall be registered as a specialist in that field.(2) An (3) The delinquent status licensee or registrant who applies for applicant who has received a certificate of completion in facials (skin active or inactive license or registration status shall: care and hair removal) shall be registered as a specialist in that field. (a) file with the Board a completed application for either active 61G529.003 Human Immunodeficiency Virus and Acquired Immune or inactive status as defined in subsection 61G525.001(2), F.A.C.; Deficiency Syndrome (HIV/AIDS) Training for Initial Registration. (b) pay to the Board either the active status or inactive status (1) Each applicant for initial registration as a specialist under fee, the delinquency fee, and, if the request to change licensure Chapter 477, F.S., shall complete a boardapproved educational status is made at any time other than at the beginning of a licensure course on Human Immunodeficiency Virus (HIV) and Acquired cycle, pays the additional processing fee; and Immune Deficiency Syndrome (AIDS), and shall submit proof thereof (c) if active status is elected, demonstrate compliance with the in the form of a certificate of completion from the provider of such continuing education requirements found in Rule 61G532.001, F.A.C. course with the application. A copy of the certificate will satisfy this 61G525.005 Notice to the Department of Mailing Address and requirement. Completion of such course shall be a condition of Place of Practice of Licensee. registration. Except as provided in subsection (2) below, no person (1) It shall be the duty of each licensee or registrant to provide shall be granted an initial registration unless he or she complies with written notification to the Department of the licensee’s or this rule. registrant’s current mailing address and place of practice. For (2) If an applicant for initial registration as a specialist under 34 of 66 purposes of this rule, “place of practice” means the address of the Chapter 477, F.S., has not completed a boardapproved educational course on HIV/AIDS at the time of application, but has completed all holder or his or her representative of the notification; and shall other requirements for registration, he or she may request an immediately cease performing specialty services under this additional 6 month period in which to complete this requirement. exception until the applicant shall have corrected any deficiencies in Such request shall be submitted at the time of filing the application their earlier application as noted by the Department, or shall have for registration; and, will be made by filing a written affidavit submitted a new application which demonstrates that the applicant showing good cause to grant the request. Upon the filing of such is qualified for registration as a specialist, and shall have paid all affidavit, the applicant shall be granted one, 6 month period in applicable application and registration fees. which to complete a boardapproved educational course on 61G529.011 Endorsement of Specialty Registration. HIV/AIDS. The applicant shall be required to submit proof of the The Department of Business and Professional Regulation shall issue completion of this course in the form of a certificate of completion a registration to a person who: from the provider of such course to the department within the 6 (1) Makes application and pays to the Department the fee month period. A copy of the certificate will satisfy this requirement. specified in Rule 61G524.002, F.A.C.; Failure to submit such proof during the 6 month period shall cause (2) Is currently registered or licensed to practice and is currently any previously issued registration to become null and void without practicing one of the specialties as defined in Section 477.013(6) and further action by the Board. (7), F.S., under the law of another state; (3) All educational courses on HIV/AIDS which are taken to (3) Demonstrates that the other state’s qualifications and fulfill the requirements for initial registration as a specialist under requirements are comparable to or more stringent than those Chapter 477, F.S., must be approved by the Board prior to their required by Florida Law (Chapter 477, F.S.) and Rule 61G522.015, completion, and must comply with all requirements regarding HIV/ F.A.C. AIDS courses as set forth in Rule 61G518.011, F.A.C. 61G529.012 Who May Apply. (4) The completion of an education course on HIV/AIDS which is Any person is qualified for registration as a specialist in any one or taken as part of the completion of the required curriculum for the more of the specialty practices within the practice of cosmetology specialty registration for which the applicant has applied may be under Chapter 477, F.S., who: used to satisfy the requirement as set forth in this rule provide that (1) Is at least 16 years of age or has received a high school the course has been approved by the Board prior to its completion diploma or GED equivalent, and and the course complies with all requirements regarding HIV/AIDS (2) Has received a certificate of completion in a specialty courses as set forth in Rule 61G518.011, F.A.C. pursuant to Section 477.013(7), F.S., from one of the following: 61G529.004 Supervised Specialty Practice Exception. (a) A school licensed pursuant to Chapter 1005, F.S., or the (1) Following the submission of a complete application for equivalent licensing authority of another state. registration as a specialist which included proof of the successful (b) A specialty program within the public school system. completion of all educational requirements for the specialty applied (c) Cosmetology Division of the Florida School for the Deaf and for and the payment of all applicable application and registration the Blind, provided the training programs comply with minimum fees, and pending the issuance by the Department of a registration curriculum requirements established by the Board. as a specialist under Chapter 477, F.S., an applicant for registration (3) A person desiring to be registered as a specialist shall apply as a specialist shall be eligible to perform specialty services in the to the Department in writing upon forms prepared and furnished by specialty for which the applicant has applied for registration subject the Department. to the following conditions: (4) Upon paying the application fee and initial registration fee, (a) All specialty services to be performed by the applicant under the Department shall register the applicant to practice each of the this exception shall be performed under the supervision of a specialties for which he or she is qualified. registered specialist. “Under the supervision of a registered 61G529.013 Registration Renewal Procedures. specialist” shall mean that an individual who then holds a current, (1) All specialty registrations shall be valid for a period of two active Florida registration as a specialist in the same specialty for years or until the end of the biennial licensure renewal cycle in which the applicant has applied, or an individual who then holds a which they are first issued, whichever occurs first. The biennial current, active Florida license as a cosmetologist shall be physically licensure renewal cycle for all specialty registrations shall coincide present at all times when the applicant is performing specialty with the biennial licensure renewal cycle used for the renewal of services. cosmetology licenses. (b) All specialty services performed by the applicant under this (2) At the time of registration renewal, all specialty registrants exception shall be performed in a licensed cosmetology or specialty shall pay all applicable renewal fees and charges as provided in salon. All times during which the applicant is performing specialty Chapter 61G524, F.A.C. Prior to the expiration of their specialty services in the salon, the license for the cosmetology or specialty registration, all specialty registrants shall complete all continuing salon shall be in a current and active status. education requirements as set forth in Rule 61G532.001, F.A.C., (2) Prior to beginning the performance of specialty services including a Board approved HIV/AIDS training course as provided in under this exception, all applicants shall provide to the cosmetology Section 455.2228, F.S. All HIV/AIDS training courses shall comply or specialty salon license holder or his or her representative a copy with the requirements as set forth in Rule 61G518.011, F.A.C. of the completed application for registration as a specialist (3) Spouses of members of the Armed Forces of the United submitted to the Department by the applicant. States are exempted from all registration renewal provisions, but (3) Upon being notified by the Department that his or her only in cases of absence from the state because of their spouses’ application is incomplete, or that he or she has been determined to duties with the Armed Forces. be not qualified for registration as a specialist, an applicant shall CHAPTER 61G530 immediately inform the cosmetology or specialty salon license DISCIPLINARY GUIDELINES 61G530.001 Disciplinary Guidelines. (1) The Board shall act in accordance with the following guidelines when it finds the enumerated violations in disciplinary cases. The Board shall impose a penalty within the range of each applicable disciplinary violation set forth below unless the Board finds an aggravating or mitigating circumstance, in which case the Board may deviate from the guideline penalty.

(2) VIOLATION PENALTY RANGE (a) Unlicensed cosmetology or specialty practice. For an individual who was never licensed, a fine of $500. For a (477.0265(1)(a) or 477.029(1)(a), F.S.) licensee or registrant who fails to properly renew, a fine of $50 for every month or partial month during which the individual was unlicensed or unregistered, up to a maximum of $500. (b) Unlicensed Salon and Delinquent Salon License. For a salon which has never been licensed, or for which the salon (477.0265(1)(b)1. or 477.029(1)(b), F.S.) license has expired, a fine of $500. For a salon license which has become delinquent, a fine of $50 for every month or partial month of delinquency during which the salon has operated, up to a total of $500. (c) Permitting a person without a license or registration, unless For a violation involving a person who was never licensed or exempt, to perform cosmetology services or any specialty in a registered in Florida, a fine of $250 to $500. For a violation salon. involving a person who failed to properly renew or whose (477.0265(1)(b)2., F.S.) exemption has terminated, a fine of $50 for every month or partial month during which the violation took place, up to $500. (d) Permitting an employee to practice cosmetology or a specialty For employing a person who was never licensed or registered in without being duly licensed, registered, or otherwise authorized. Florida, or who is not exempt, a fine of $250 to $500. For (477.0265(1)(d) or 477.029(1)(c), F.S.) employing a person who failed to properly renew or whose exemption has terminated, a fine of $50 for every month or partial month during which the person was employed, up to $500. (e) Engage in willful or repeated violations of Chapter 477, F.S., or For a first offense, a fine of $500. For a subsequent offense, a fine any rule adopted by the Board. of $500 and suspension or revocation of any license or registration (477.0265(1)(c), F.S.) issued pursuant to Chapter 477, F.S. (f) Obtain or attempt to obtain a license or registration for money, A fine of $500 and denial or revocation of the license or other than the required fee, or any other thing of value or by registration. fraudulent misrepresentations. (477.0265(1)(e), F.S.) (g) Using or attempting to use a suspended or revoked A fine of $500 and suspension for one year of any license or cosmetology license or specialty registration to practice registration issued pursuant to Chapter 477, F.S. cosmetology or a specialty. (477.0265(1)(f) or 477.029(1)(g), F.S.) (h) Advertising or implying that skin care services or body A fine of $100 to $200 for the first offense; a fine of $500 for wrapping are related to massage therapy, except as allowed by subsequent offenses. statute. (477.0265(1)(g), F.S.) (i) Use or possess a product containing a liquid nail monomer A fine of $500 for the first offense; a fine of $500 and suspension or containing any trace of methyl methacrylate (MMA). revocation for a subsequent offense. (477.0265(1)(h), F.S.) (j) License or registration obtained by fraud or false or forged A fine of $500 and revocation of the salon license, cosmetology evidence. license, or specialty registration. (477.028(1)(a), 477.028(2)(a) or 477.029(e), F.S.) (k) Guilty of fraud, deceit, gross negligence, incompetency, or A fine of $200 to $500 and suspension or revocation of the salon misconduct in practice or instruction of cosmetology or specialty, license, cosmetology license, or specialty registration. or in operation of the salon. (477.028(1)(b) or 477.028(2)(b), F.S.) (l) License or registration holder is guilty of aiding, assisting, A fine of $250 for the first offense. A fine of $500 and revocation or procuring, or advising any unlicensed person to practice as a suspension of salon license, cosmetology license, or specialty cosmetologist. registration for a subsequent offense. (477.028(1)(c), F.S.) (m) Present license of another as his or her own license. A fine of $500 and a reprimand for the first offense. A fine of $500 (477.029(1)(d), F.S.) and refusal to certify for licensure for a subsequent offense. (n) Impersonate any other licenseholder of like or different name. A fine of $500 and a 6 month suspension of any other license or (477.029(1)(f), F.S.) registration held pursuant to Chapter 477, F.S. (o) Violate or refuse to comply with: 1. Any provision of Chapter 455, F.S., or final order of the Board or A fine of $500 and suspension, revocation, or refusal to certify to the Department; the department for licensure. 2. Any provision of Chapter 477, F.S., or a rule of the Board or the A fine of $100 to $200 for the first violation. A fine of $300 to $500 Department except as otherwise provided; for a subsequent violation. A fine of $500 and suspension or revocation of license or registration for a refusal to comply. 3. Salon requirements subsections 61G520.002(2)(6), F.A.C., A fine of $50 per violation for less than three violations. A fine of relating to sanitation and safety; or $250 for three to four violations. A fine of $500 for five or more violations. A fine of $250 for a salon operating without sterilization equipment. 4. Display of documents Rule 61G520.004, F.A.C., relating to A fine of $100 for each violation for the first offense. A fine of $200 display of licenses and inspection sheets. to $300 for each subsequent offense. (477.029(1)(h)(i), F.S.)

(3) When the Board finds that any person licensed or registered livelihood; under Chapter 477, F.S., has committed any of the acts set forth in (h) Any efforts for rehabilitation; Section 477.028, F.S., it is recommended that the Board issue a final (i) The actual knowledge of the licensee or registrant pertaining order imposing a revocation of the license or registration involved in to the violation; any such violation. (j) Attempts by licensee or registrant to correct or stop (4) Based upon consideration of the following factors, the violations or refusal by licensee or registrant to correct or stop Board may impose disciplinary action other than the penalties violations; recommended above: (k) Related violations against a licensee or registrant in another (a) The danger to the public; state including findings of guilt or innocence, penalties imposed and (b) The length of time since date of violation; penalties served; (c) The number of complaints filed against the licensee; (l) Actual negligence of the licensee or registrant pertaining to (d) The length of time licensee or registrant has practiced; any violations; (e) The actual damage, physical or otherwise, caused by the (m) Penalties imposed for related offenses under subsection (1) violation; above; (f) The deterrent effect of the penalty imposed; (n) Any other mitigating or aggravating circumstances. (g) The effect of the penalty upon the licensee’s or registrant’s 36 of 66 (5) Penalties imposed by the Board pursuant to Rule 61G530.001, F.A.C., may be imposed in combination or individually requirements specified in Rule 61G520.002, F.A.C. but may not exceed the limitations enumerated below: (6) The Board hereby designates the following as citation (a) Issuance of a reprimand or censure. violations, which shall result in a penalty of one hundred and fifty (b) Imposition of an administrative fine not to exceed $500 for dollars ($150.00): each count or separate offense. (a) Practicing cosmetology or a specialty with an inactive or (c) Placement on probation for a period of time and subject to expired license for more than two months but not more than three such reasonable conditions as the Board may specify. months; (d) Revocation or suspension of any license or registration (b) Operating a salon with a delinquent license for more than issued pursuant to Chapter 477, F.S. two months but not more than three months; (e) Refusal to certify to the Department an applicant for (c) Employing a person to practice cosmetology or a specialty licensure or registration. with an inactive or expired license for more than two months but (6) The provisions of subsections (1) through (5) above shall not not more than three months. be construed so as to prohibit civil action or criminal prosecution as (7) The Board hereby designates the following as citation provided for in Section 477.0265(2) or Section 477.031, F.S., and the violations, which shall result in a penalty of two hundred dollars provisions of subsections (1) through (5) above shall not be ($200.00): construed so as to limit the ability of the Board to enter into binding (a) Practicing cosmetology or a specialty with an inactive or stipulations with accused parties as per Section 120.57(3), F.S. expired license for more than three months but not more than four (7) In every case the Board imposes a monetary fine, it shall months; also suspend the Respondent’s license(s). However, to enable the (b) Operating a salon with a delinquent license for more than Respondent to pay the fine, the suspension shall be stayed for the three months but not more than four months; time period specified in the Board’s final order in accordance with (c) Employing a person to practice cosmetology or a specialty Rule 61G517.016, F.A.C. If the fine is paid within that time period, with an inactive or expired license for more than three months but the suspension shall not take effect; if the fine is not paid within that not more than four months; time period, then the stay shall expire and the suspension shall take (d) Five or more violations of the safety, sanitary, or other salon effect. Thereafter, upon payment of the fine, the suspension shall be requirements specified in Rule 61G520.002, F.A.C. lifted. (8) The Board hereby designates the following as citation 61G530.004 Citations. violations, which shall result in a penalty of two hundred and fifty (1) Definitions. As used in this rule; dollars ($250.00): (a) “Citation” means an instrument which meets the (a) Operating a salon without a wet sanitizer as required by requirements set forth in Section 455.224, F.S., and which is served paragraph 61G520.002(2)(d), F.A.C.; upon a subject for the purpose of assessing a penalty in an amount (b) Three or more violations of the safety, sanitary, or other established by this rule; salon requirements specified in Rule 61G520.002, F.A.C.; (b) “Subject” means the licensee, applicant, person, (c) Practicing cosmetology or a specialty with an inactive or partnership, corporation, or other entity alleged to have committed expired license for more than four months but not more than five a violation designated in this rule. months; (2) In lieu of the disciplinary procedures contained in Section (d) Operating a salon with a delinquent license for more than 455.225, F.S., the Department is hereby authorized to dispose of any four months but not more than five months; and violation designated herein by issuing a citation to the subject within (e) Employing a person to practice cosmetology or a specialty six months after the filing of the complaint which is the basis for the with an inactive or expired license for more than four months but citation. notmorethanfivemonths. (3) Citations shall be issued for the first offense violations only. (9) The Board hereby designates the following as citation (4) The Board hereby designates the following as citation violations, which shall result in a penalty of three hundred dollars violations, which shall result in a penalty of fifty dollars ($50.00): ($300.00): (a) Except as otherwise provided herein, any violation of the (a) Practicing cosmetology or a specialty with an inactive or safety, sanitary, or other salon requirements specified in Rule expired license for more than five months but not more than six 61G520.002, F.A.C. – however, if it is an initial offense and there are months; no other violations, then the subject shall be given a Notice of (b) Operating a salon with a delinquent license for more than Noncompliance; five months but not more than six months; (b) Practicing cosmetology or a specialty with an inactive or (c) Employing a person to practice cosmetology or a specialty expired license for one month or part of a month; with an inactive or expired license for more than five months but not (c) Operating a salon with a delinquent license for one month more than six months; and or part of a month; (d) Five or more violations of the safety, sanitary, or other salon (d) Employing a person to practice cosmetology or a specialty requirements specified in Rule 61G520.002, F.A.C. with an inactive or expired license for one month or part of a month. (10) The Board hereby designates the following as citation (e) Unless otherwise permitted in Chapter 477, F.S., performing violations, which shall result in a penalty of three hundred and fifty cosmetology services in a salon which does not have a license in dollars ($350.00): violation of Section 477.0263(1), F.S. (a) Practicing cosmetology or a specialty with an inactive or (5) The Board hereby designates the following as citation expired license for more than six months but not more than seven violations, which shall result in a penalty of one hundred dollars months; ($100.00): (b) Operating a salon with a delinquent license for more than (a) Transferring ownership or changing location of a salon six months but not more than seven months; and without the approval of the Department pursuant to Rule (c) Employing a person to practice cosmetology or a specialty 61G520.006, F.A.C., provided the transfer of ownership or change of with an inactive or expired license for more than six months but not location has not exceeded 90 days and the salon owner can provide more than seven months. proof that a completed application has been filed with the (11) The Board hereby designates the following as citation Department; violations, which shall result in a penalty of four hundred dollars (b) Practicing cosmetology or a specialty with an inactive or ($400.00): expired license for more than one month but not more than two (a) Practicing cosmetology or a specialty with an inactive or months; expired license for more than seven months but not more than eight (c) Operating a salon with a delinquent license for more than months; one month but not more than two months; (b) Operating a salon with a delinquent license for more than (d) Employing a person to practice cosmetology or a specialty seven months but not more than eight months; and with an inactive or expired license for more than one month but not (c) Employing a person to practice cosmetology or a specialty more than two months; with an inactive or expired license for more than seven months but 37 of 66 (e) Two violations of the safety, sanitary, or other salon not more than eight months. (12) The Board hereby designates the following as citation equivalency certificate and cosmetology school diploma or violations, which shall result in a penalty of four hundred and fifty certificate of completion. dollars ($450.00): CHAPTER 61G531 (a) Practicing cosmetology or a specialty with an inactive or HAIR BRAIDING, HAIR WRAPPING AND BODY WRAPPING expired license for more than eight months but not more than nine 61G531.0011 Definitions. months; Manufactured materials for use in hair wrapping means multistrand (b) Operating a salon with a delinquent license for more than cotton or polyester blend, twisted, not braided, into a single eight months but not more than nine months; and embroidery or yarn thread. (c) Employing a person to practice cosmetology or a specialty 61G531.002 Hair Braiding, Hair Wrapping, and Body Wrapping; with an inactive or expired license for more than eight months but Registration Requirements, Practice Outside of Licensed Salon. notmorethanninemonths. (1) Only those individuals who are licensed to engage in the (13) The Board hereby designates the following as citation practice of cosmetology in the State of Florida, or who are registered violations, which shall result in a penalty of five hundred dollars to engage in the practice of hair braiding in the State of Florida shall ($500.00): engage in the practice of hair braiding or perform hair braiding (a) Practicing cosmetology or a specialty without a license; services in the State of Florida. (b) Operating a salon without a license; (2) Only those individuals who are licensed to engage in the (c) Employing a person to practice cosmetology or a specialty practice of cosmetology in the State of Florida, or who are registered without a license; to engage in the practice of hair wrapping in the State of Florida (d) Practicing cosmetology or a specialty with an inactive or shall engage in the practice of hair wrapping or perform hair expired license for more than nine months but not more than twelve wrapping services in the State of Florida. months; (3) Registration as a hair braider shall not authorize a registrant (e) Operating a salon with a delinquent license for more than to practice hair wrapping. Registration as a hair wrapper shall not nine months but not more than twelve months; and authorize a registrant to practice hair braiding. (f) Employing a person to practice cosmetology or a specialty (4) Only those individuals who are licensed to engage in the with an inactive or expired license for more than nine months but practice of cosmetology in the State of Florida, or who are registered notmorethantwelvemonths. to engage in the practice of body wrapping in the State of Florida 61G530.005 Mediation. shall engage in the practice of body wrapping or performed body (1) “Mediation” means a process whereby a mediator wrapping services in the State of Florida. appointed by the department acts to encourage and facilitate (5) Whenever either hair braiding, hair wrapping, or body resolution of a legally sufficient complaint. It is an informal and wrapping services are performed in a location other than a licensed nonadversarial process with the objective of assisting the parties to cosmetology or specialty salon, all implements used in connection reach a mutually acceptable agreement. with the performance of the services shall be of a disposable nature; (2) The Board finds that mediation is an acceptable method of or shall be sanitized in a disinfectant approved for hospital use or dispute resolution for the following violations as they are economic approved by the Environmental Protection Agency. Whenever either in nature or can be remedied by the licensee: hair braiding, hair wrapping, or body wrapping services are (a) Failure of the licensee to timely pay any assessed performed in a licensed cosmetology or specialty salon, all laws and administrative fines or costs; rules of the Board concerning the operation of the cosmetology or (b) Failure of the licensee to timely respond to a continuing specialty salon, including all sanitary and disinfectant requirements, education audit; shall be observed and complied with by individuals performing hair (c) Failure to submit change of address for a salon; and braiding, hair wrapping, or body wrapping services. (d) Failure to timely notify the department of the licensee’s or 61G531.003 Hair Braiding, Hair Wrapping, and Body Wrapping registrant’s change of mailing address or place of practice. Registration. (3) A “mediator” means a person who is certified in mediation (1) All persons desiring to become registered to practice hair by the Florida Bar, the Florida Supreme Court, or the Division of braiding shall apply for registration to the Department in writing Administrative Hearings. upon forms prepared and furnished by the Department, shall pay 61G530.006 Notice of Non Compliance. the registration fee as set forth in Chapter 61G524, F.A.C., and shall (1) In accordance with Section 455.225(3), F.S., when a provide satisfactory proof of their successful completion of a twoday complaint is received, the agency may provide a licensee with a 16hour Board approved hair braiding course. notice of non compliance for an initial offense of a minor violation. (2) All persons desiring to become registered to practice hair Failure of a licensee to take action in correcting the violation within wrapping shall apply for registration to the Department in writing 15 days after notice may result in the institution of regular upon forms prepared and furnished by the Department, shall pay disciplinary proceedings. “Minor violations” as used in Section the registration fee as set forth in Chapter 61G524, F.A.C., and shall 455.225(3), F.S., are defined as follows: provide satisfactory proof of their successful completion of a oneday (a) Violations of Rule 61G520.004, F.A.C. 6hour Board approved hair wrapping course. (b) Violations of subsection 61G518.011(1), F.A.C., in failing to (3) All persons desiring to become registered to practice body maintain a copy of his or her certificate of course completion in wrapping shall apply for registration to the Department, shall pay instruction on Human Immunodeficiency Virus and Acquired the registration fee as set forth in Chapter 61G524, F.A.C., and shall Immune Deficiency Syndrome. provide satisfactory proof of their successful completion of a twoday (c) Violations of paragraph 61G520.008(2)(a), F.A.C., in failing to 12hour Board approved body wrapping course as set forth in Rule retain copies of an employee’s high school diploma or G.E.D. 61G531.004, F.A.C. equivalency certificate and cosmetology school diploma or (4) Satisfactory proof of successful completion of the required certificate of completion. hair braiding course, hair wrapping course, or body wrapping course (2) In accordance with Chapter 95402, Laws of Florida, the shall consist of the original or a legible copy of the certificate of agency shall issue a notice of non compliance as first enforcement completion supplied to the applicant by the provider of the course action against a licensee for a minor violation of a rule. Pursuant to indicating the provider’s name, the student name, the dates of the Chapter 95402, Section (2)(b), Laws of Florida, the Board designates course, and the total number of hours successfully completed. the following rules for which a violation would be a minor violation (5) All persons who have applied for registration as a hair of a rule for which a notice of non compliance is issued: braider, hair wrapper, or body wrapper shall retain a copy of all (a) Violations of Rule 61G520.004, F.A.C. materials submitted in connection with their application, including (b) Violations of subsection 61G518.011(1), F.A.C., in failing to the completed application, proof of payment of all applicable fees, maintain a copy of his or her certificate of course completion in and satisfactory proof of their successful completion of a Board instruction on Human Immunodeficiency Virus and Acquired approved hair braider, hair wrapper, or body wrapper course, until Immune Deficiency Syndrome. they are issued a certificate of registration or notified that their (c) Violations of paragraph 61G520.008(2)(a), F.A.C., in failing to application has been denied. 38 of 66 retain copies of an employees high school diploma or GED 61G531.004 Hair Braiding and Hair Wrapping Course Requirements. the conclusion of this instruction, a student shall be able to (1) All hair braiding courses taught for purposes of qualifying an understand: individual for initial registration as a hair braider shall be a twoday, 1. The laws and rules of the Board that protect the health, 16hour course; and, shall be approved by the Board prior to the safety, and welfare of the consumer; course being taught for registration qualification purposes. To be 2. The laws and rules of the Board that determine where and considered for approval by the Board, the course shall consist of the when an individual may legally practice hair wrapping; following: 3. The function of the Board of Cosmetology, how its members (a) 5 hours of instruction regarding HIV/AIDS and other are appointed, and their duties; communicable diseases. At the conclusion of this instruction a 4. The laws and rules of the Board which specify prohibited student shall be able to understand: conduct, and the penalties for failure to follow the laws and rules; 1. The causes of HIV/AIDS, hepatitis, tuberculosis, and other 5. The dates, fees, and requirements for renewal of a hair communicable diseases and how these diseases are spread; wrapping registration. 2. The dangers associated with these diseases; and (3) All body wrapping courses taught for purposes of qualifying 3. How to avoid contamination from the diseases in the an individual for initial registration as a body wrapper shall be a practice of hair braiding. twoday, 12hour course; and, shall be approved by the Board prior to (b) 5 hours of instruction regarding sanitation and sterilization. the course being taught for registration qualification purposes. To At the conclusion of this instruction a student shall be able to be considered for approval by the Board, the course shall consist of understand: the following: 1. Universal sanitation and sterilization precautions; (a) Three (3) hours of instruction regarding HIV/AIDS and other 2. How to distinguish between disinfectants and antiseptics; communicable diseases. At the conclusion of this instruction, a and student shall be able to understand: 3. How to sanitize hands and disinfect tools used in the practice 1. The causes of HIV/AIDS, hepatitis, tuberculosis, and other of hair braiding. communicable diseases and how these diseases are spread; (c) 4 hours of instruction regarding disorders and diseases of 2. The dangers associated with these diseases; and, the scalp. At the conclusion of this instruction a student shall be able 3. How to avoid contamination from the diseases in the to understand: practice of body wrapping. 1. Disorders and diseases of the scalp and how to distinguish (b) Four (4) hours of instruction regarding sanitation and between them; and sterilization. At the conclusion of this instruction, a student shall be 2. When hair braiding services can be performed on a client able to understand: with disorders or diseases of the scalp. 1. Universal sanitation and sterilization precautions; (d) 2 hours of instruction regarding the laws and rules of the 2. How to distinguish between disinfectants and antiseptics; Board which affect and govern the practice of hair braiding. At the and, conclusion of this instruction a student shall be able to understand: 3. How to sanitize hands and disinfect tools used in the practice 1. The laws and rules of the Board that protect the health, of body wrapping. safety, and welfare of the consumer; (c) Four (4) hour of instruction regarding disorders and diseases 2. The laws and rules of the Board that determine where and of the skin. At the conclusion of this instruction, a student shall be when an individual may legally practice hair braiding; able to understand: 3. The function of the Board of Cosmetology, how its members 1. Disorders and diseases of the skin and how to distinguish are appointed, and their duties; between them; and, 4. The laws and rules of the Board which specify prohibited 2. When skin wrapping services can be performed on a patron conduct, and the penalties for failure to follow the laws and rules; with disorders or diseases of the skin. and (d) One (1) hour of instruction regarding laws and rules of the 5. The dates, fees, and requirements for renewal of a hair Board which affecting and govern the practice of body wrapping. At braiding registration. the conclusion of this instruction, a student shall be able to (2) All hair wrapping courses taught for purposes of qualifying understand: an individual for initial registration as a hair wrapper shall be a 1. The laws and rules of the Board that protect the health, oneday, 6hour course; and, shall be approved by the Board prior to safety, and welfare of the consumer; the course being taught for registration qualification purposes. To be 2. The laws and rules of the Board that determine where and considered for approval by the Board, the course shall consist of the when an individual may legally practice body wrapping; following: 3. The function of the Board of Cosmetology, how its members (a) Two (2) hours of instruction regarding HIV/AIDS and other are appointed, and their duties; communicable diseases. At the conclusion of this instruction, a 4. The laws and rules of the Board which specify prohibited student shall be able to understand: conduct, and the penalties for failure to follow the laws and rules; 1. The causes of HIV/AIDS, hepatitis, tuberculosis, and other 5. The dates, fees, and requirements for renewal of a body communicable diseases and how these diseases are spread; wrapping registration. 2. The dangers associated with these diseases; and (4) All proposed hair braiding, hair wrapping, or body wrapping 3. How to avoid contamination from the diseases in the courses must be submitted for presentation to the Board no later practice of hair wrapping. than 30 days prior to the next regularly scheduled meeting of the (b) Two (2) hours of instruction regarding sanitation and Boardatwhichtheproposedcourseistobeconsideredfor sterilization. At the conclusion of this instruction, a student shall be approval. No hair braiding, hair wrapping, or body wrapping course able to understand: may be taught for credit towards the initial hair braiding, hair 1. Universal sanitation and sterilization precautions; wrapping, or body wrapping registration requirements until it has 2. How to distinguish between disinfectants and antiseptics; been reviewed and approved by the Board. and (5) All providers of hair braiding, hair wrapping, and body 3. How to sanitize hands and disinfect tools used in the practice wrapping courses shall provide to all individuals who successfully of hair wrapping. complete the course a certificate of completion which shall indicate (c) One (1) hour of instruction regarding disorders and diseases the title of the course completed, the provider’s name, the student of the scalp. At the conclusion of this instruction, a student shall be name, the date of the course, and the total number of hours able to understand: successfully completed. 1. disorders and diseases of the scalp and how to distinguish 61G531.005 Hair Braiding, Hair Wrapping, and Body Wrapping between them; and Term of Registration, Registration Renewal. 2. when hair wrapping services can be performed on a patron (1) All hair braiding, hair wrapping, and body wrapping with disorders or diseases of the scalp. registrations shall be valid for a period of two years or until the end (d) One (1) hour of instruction regarding the laws and rules of of the biennial licensure renewal cycle in which they are first issued, 39 of 66 the Board which affect and govern the practice of hair wrapping. At whichever occurs first. The biennial licensure renewal cycle for all hair braiding, hair wrapping, and body wrapping registrations shall 1. The laws and rules of the Board that protect the health, coincide with the biennial licensure renewal cycle used for the safety, and welfare of the consumer; renewal of cosmetology licenses and specialty registrations. 2. The laws and rules of the Board that determine where and (2) At the time of registration renewal, all hair braiding, hair when individuals may legally practice cosmetology and specialties; wrapping, and body wrapping registrants shall pay all applicable 3. The functions of the Board of Cosmetology, how its members renewal fees and charges as provided in Chapter 61G524, F.A.C. are appointed, and their duties; Prior to the expiration of their hair braider, hair wrapper, or body 4. The laws and rules of the Board which specify prohibited wrapper registration, all hair braiding, hair wrapping, and body conduct, and the penalties for failure to follow the laws and rules; wrapping registrants shall complete a Board approved HIV/AIDS 5. Salon requirements and inspections; and training course as provided in Section 455.2228, F.S. All HIV/AIDS 6. The dates, fees, and requirements for renewal of training courses shall comply with the requirements as set forth in cosmetology licenses, salon licenses, and specialty registrations. Rule 61G518.011, F.A.C. (f) A minimum of two (2) hours of instruction regarding 61G531.006 Practice of Hair Braiding, Hair Wrapping, and Body chemical makeup as it pertains to hair, skin, and nails. Wrapping Pending Approval of Registration. (g) A minimum of one (1) hour of instruction regarding (1) An applicant for registration as a hair braider shall be environmental issues. eligible to practice hair braiding, and an applicant for registration as (h) A minimum of four (4) hours of continuing education to be a hair wrapper shall be eligible to practice hair wrapping, and an composed of additional instruction in any of the subjects set forth applicant for registration as a body wrapper shall be eligible to above or such other subject or subjects as the licensee may choose practice body wrapping, pending the approval of his or her provided that the subject or subjects chosen relate to the practice of application for registration provided the individual has previously cosmetology and serve to ensure the protection of the public; and, submitted the following to the Department: provided that the course in which such subjects are taught has been (a) A properly completed registration application; approved by the Board prior to its being taught for continuing (b) Payment of all applicable fees for initial registration as set education purposes, and provided the licensee or registrant has not forth in Chapter 61G524, F.A.C.; and previously taken the course during the current licensure period. (c) Proof of successful completion of a Board approved hair (2) Home study courses, video courses, and courses which are braiding, hair wrapping, or body wrapping course as defined in Rule given at cosmetology conferences may be counted toward the 61G531.004, F.A.C. required hours of continuing education provided that, prior to their (2) Upon notification that his or her application is complete, an being taught, they have been approved by the Board as including applicant for registration as a hair braider, hair wrapper or body instruction in subjects as set forth by this rule and as complying with wrapper is eligible to practice hair braiding, hair wrapping and body all other requirements as set forth in this rule. wrapping pending the approval of his or her application for (3) All continuing education home study courses shall include a registration. written postcourse examination which must be graded by the course (3) Applicants wishing to perform hair braiding, hair wrapping, provider. Postcourse examinations may be openbook examinations. or body wrapping services under this exception in a licensed In order to receive continuing education credit for the course, cosmetology or specialty salon shall, prior to beginning the licensees or registrants must achieve a 75% passing score on all performance of hair braiding, hair wrapping, or body wrapping postcourse examinations. services in the salon, provide to the cosmetology or specialty salon (4) All licensees and registrants who successfully complete a license holder or his or her representative a copy of the completed continuing education course shall be provided with a certificate of application for registration as a hair braider, hair wrapper, or body completion by the provider of the continuing education course wrapper submitted to the Department by the applicant. which shall indicate the provider’s name and provider number, the CHAPTER 61G532 course title and course number, the licensee’s or registrant’s name CONTINUING EDUCATION and license or registration number, the date the course was 61G532.001 Continuing Education. completed, and the total number of hours successfully completed in (1) Prior to the expiration of each biennial licensure period, and each subject covered by the continuing education course. All as a condition for renewal of their cosmetology license or specialty licensees and registrants shall retain the certificate of completion for registration, all licensed cosmetologists and registered specialists all continuing education courses successfully completed by the shall complete a minimum of sixteen (16) hours of continuing licensee or registrant for a period of not less than three (3) years education which shall include, at a minimum, all of the following following the first license or registration renewal following the subjects as they relate to the practice of cosmetology: completion of the course. (a) A minimum of two (2) hours of instruction regarding (5) Licensees holding two or more licenses subject to the HIV/AIDS and other communicable diseases which shall consist of: HIV/AIDS education course requirement shall present all license 1. Education on the modes of transmission, infection control numbers to the provider of such course. procedures, clinical management, and prevention of HIV and AIDS; (6) PROVIDER APPROVAL AND REQUIREMENTS. and (a) All providers of continuing education courses must be 2. Discussion of attitudes towards HIV and AIDS as well as approved by the Board prior to offering continuing education appropriate behavior in dealing with persons who may have the courses. All individuals or organizations seeking to be approved as a virus or syndrome. continuing education provider shall submit to the Department, or if (b) A minimum of three (3) hours of instruction regarding the Department shall contract with a private entity to administer the sanitation and sterilization which shall consist of instruction continuing education program then to such private entity, no later regarding: than 60 days prior to the next scheduled Board meeting at which the 1. Universal sanitation and sterilization precautions; application is to be considered for approval. A complete application 2. How to distinguish between disinfectants and antiseptics; for continuing education provider status shall consist of the and following items and information: 3. How to sanitize hands and disinfect tools used in the practice 1. A completed application on Form DBPR 300132PA, of cosmetology. Cosmetology Continuing Education Provider Approval/Renewal (c) A minimum of one (1) hour of instruction regarding Application, which is hereby incorporated by reference, effective Occupational Safety and Health Administration regulations. 32599, copies of which may be obtained from the Board office, or if (d) A minimum of one (1) hour of instruction regarding issues of the Department shall contract with a private entity to administer the workers’ compensation as they pertain to Florida law. continuing education program then from such private entity; (e) A minimum of two (2) hours of instruction regarding state 2. A fee of $250; and and federal laws and rules as they pertain to cosmetologists, 3. A sample copy of the certificate of completion which the cosmetology, salons, specialists, specialty salons, and booth renters; provider shall supply to all licensees or registrants who successfully specifically including but not limited to Chapter 477, F.S., and the complete courses given by the provider. The certificate of Rules of the Board. At a minimum this instruction shall include the completion shall indicate on its face areas for the inclusion of the 40 of 66 following: information as required by paragraph (6)(d) of this rule. (b) Upon approval by the Board of the individual or After the expiration of a continuing education provider’s approval, organization as a continuing education provider, a continuing the provider shall not offer or teach any continuing education education provider number will be assigned to the provider; and, courses for credit toward the required hours of continuing education shall be included in all future correspondence or submissions by the until the provider has renewed its approval as a continuing provider to the Board, the Department, or any private entity education provider. contracted with by the Department to administer the continuing (h) Any substantive changes regarding the information education program. contained in the provider’s application for approval, or previously (c) Once the Department shall contract with a private entity to submitted by the provider to the Department or to a private entity administer the continuing education program, then for each contracted with by the Department to administer the continuing continuing education course taught, all continuing education education program, shall be filed with the Department, or if the providers shall submit to such private entity, a list of all attendees Department shall contract with a private entity to administer the successfully completing the continuing education course within 21 continuing education program then with such private entity, within days of the completion of the course. The list shall include the 30 days of the change occurring. provider’s name and provider number, the course title and course (i) At any time, the Board shall recommend to the Department number, the licensee’s or registrant’s name and license or to revoke its approval of a continuing education provider if it finds registration number, the date the course was completed, and the that such approval is sought or was received by fraud or total number of hours successfully completed in each subject misrepresentation by the provider, the provider has failed to adhere covered during the continuing education course. For home study to the standards and other requirements as set forth in this rule or courses offered by a continuing education provider, the provider Rule 616.015, F.A.C., or that the provider has engaged in fraudulent shall supply the name and license or registration number for each behavior relating to the provision of continuing education. Before individual successfully completing the course within 21 days requesting that the Department revoke a provider’s continuing following the determination by the provider that the individual has education approval, the Board shall give the provider notice and an successfully completed the home study course together with the opportunity to be heard. If the approval of a provider is revoked, the provider’s name and provider number, the home study course title continuing education provider shall thereafter be barred from and course number, and the date the course was completed. All lists presenting any continuing education courses to licensees or and information shall be provided to the private entity in such form registrants for credit unless the provider demonstrates to the Board as determined by private entity. that the provider has been sufficiently rehabilitated to be trusted to (d) All continuing education providers shall provide a certificate provide such courses to licensees or registrants in the future. of completion to all licensees and registrants who successfully Revocation of a continuing education provider’s approval shall also complete a continuing education course which shall indicate on the operate as a revocation of all previously approved continuing certificate’s face the provider’s name and provider number, the education courses for all future offerings by the provider. course title and course number, the licensee’s or registrant’s name (j) For purposes of Section 455.2178, F.S., Chapter 477, F.S., and and license or registration number, the date the course was the rules adopted by the Board, the term “continuing education completed, and the total number of hours successfully completed in provider” shall mean any individual, organization, or other entity each subject covered by the continuing education course. who offers or teaches: (1) courses for purposes of fulfilling the (e) Continuing education providers shall electronically provide requirements of license renewal which has been submitted to and to the Department the list of attendees at each of its offered courses approved by the board for such purposes; or (2) an HIV/AIDS within 30 business days of the completion of the course. However, education course for purposes of fulfilling the requirements of initial the continuing education provider shall electronically report to the licensure or license renewal which has been submitted to and Department completion of a licensee’s course within 10 business approved by the Board for such purposes, or which has been days beginning on the 30th day before the renewal deadline or prior approved for these purposes by rule of the Board. All continuing to the renewal date, whichever occurs sooner. For home study education providers shall comply with all provisions and courses, the provider shall electronically supply the list of those requirements of this rule, and Section 455.2178 F.S., for the purpose individuals successfully completing the course by the 5th of the of monitoring continuing education compliance. Failure to comply month following the calendar month in which the provider received with such provisions and requirements by any continuing education documentation and was able to determine the successful provider shall be grounds for the suspension or revocation of the completion of the course by the individual. This list shall include the continuing education course approval. provider’s name and provider number, the name and license or (7) COURSE APPROVAL AND REQUIREMENTS. registration number of the attendee, the date the course was (a) Except as noted below, all proposed continuing education completed, and the course number. All documents from the courses, including those courses which are to be taught at provider shall be submitted electronically to the Department and cosmetology conferences, home study, and video courses, must be must be in a form as agreed to by the Department with the provider. approved by the Board prior to their being offered or taught for Failure to comply with the time and form requirements will result in continuing education credit; and, may only be offered or taught by disciplinary action taken against the provider and the course the continuing education provider submitting the course for approval. Each continuing education provider shall maintain records approval. of attendance or completion for all continuing education courses (b) All continuing education courses shall comply with the offered or taught by the provider for a period of not less than four requirements as set forth in this rule, including but not limited to years following the offering of each course or the receipt of those regarding the required subjects and topics to be included in documentation of completion of a home study course. Upon the proposed course. request, these records shall be made available for inspection by the (c) Continuing education providers seeking approval of a Department or its agent, or the private entity contracted with by the continuing education course shall submit a complete application for Department to administer the continuing education program at such continuing education course approval to the Department, or if the reasonable time and location as determined by the Department or Department shall contract with a private entity to administer the its agent, or the private entity. The list of attendees submitted continuing education program then to such private entity, no later electronically to the Department shall not include the names of than 60 days prior to the next scheduled Board meeting at which the applicants taking the course for initial licensure pursuant to Rule course is to be considered for approval. A complete application for 61G518.011, F.A.C. continuing education course approval shall consist of the following: (f) If the Department contracts with a private entity to 1. A completed application on Form DBPR 300132CA, administer the continuing education program, all continuing Cosmetology Continuing Education Course Approval Application, education providers shall submit all required forms and information, which is hereby incorporated by reference, effective 32599, copies and shall pay all required fees directly to the private entity. of which may be obtained from the Board office, or if the (g) Approval as a continuing education provider shall be valid Department shall contract with a private entity to administer the through May 31, 2003 for any providers approved prior to March 1, continuing education program then from such private entity; 2003. Thereafter, approval as a continuing education provider shall 2. If the Department shall contract with a private entity to 41 of 66 be valid through May 31 of odd numbered years for all providers. administer the continuing education program, a fee in the amount of $100; Applications for approval of a continuing education course shall be 3. A course outline which includes the subjects, topics, and submitted to the Department, or if the Department shall contract subtopics to be presented in the course and a narrative summary of with a private entity to administer the continuing education all areas to be covered in each subject, topic and subtopic, and a list program then to such private entity; and, shall contain all of the of all reference and source materials including the publication date items and information required for initial approval as a continuing for each; education course as set forth in paragraph (7)(c) of this rule. 4. If the proposed continuing education course consist of a (i) Any substantive changes regarding the information home study course, a copy of the written postcourse examination contained in the provider’s application for course approval, or which will be used to test licensees and registrants comprehension previously submitted by the provider to the Department or to a and understanding of the subjects, topics, and subtopics presented private entity contracted with by the Department to administer the in the course; continuing education program, shall require that the course be 5. Evidence of the method to be used by the attendees of the resubmitted for approval in accordance with this rule. course for evaluation of the learning experience and instructional (j) At any time, the Board shall request the Department revoke methods used in the course; and the provider’s approval if it finds that such approval is sought or was 6. Instructor resumes, if applicable, listing the instructor’s received by fraud or misrepresentation by the provider, that the educational qualifications or evidence of appropriate skills or course which is being provided fails to cover the information knowledge in the subject matter of the course. Instructors must required by statute or this rule or Rule 616.015, F.A.C., or otherwise possess sufficient skills and knowledge in the subject areas being fails to meet the requirements specified in this rule, that the course taught. significantly varies from the course proposal that was approved by (d) Upon approval by the Board of a continuing education the Board, or that the course provider has engaged in fraudulent course, a continuing education course number will be assigned to behavior related to the provision of the course. Before the Board the course; and, shall be included in all future correspondence or recommends that the Department revoke a continuing education submissions by the continuing education provider to the Board, the provider, the Board shall give the course provider notice and an Department, or any private entity contracted with by the opportunity to be heard. If the Board denies or the Department Department to administer the continuing education program. revokes the approval of a continuing education provider because of 1. The continuing education course number and continuing the course provider’s fraud or misrepresentation, then the education provider number shall be included in all advertisements, continuing education provider shall thereafter be barred from promotions, or other announcements concerning an approved presenting any continuing education courses to licensees or course. registrants for credit unless the provider demonstrates to the Board 2. No course shall be advertised as an approved course until the that the provider has been sufficiently rehabilitated to be trusted to course has been approved by the Board and received a course provide such courses to licensees or registrants in the future. number. (k) A course which constitutes a sales presentation or 3. A course shall not be offered or credit given for hours other promotion will not be approved for continuing education credit. than what was approved by the Board. (8) EFFECTIVE DATE – This rule shall apply to all licensed 4. A course shall not be offered other than in the manner the cosmetologists and registered specialists under Chapter 477, F.S.; Board initially approved the course material. and, shall not apply to any registered hair braiders or registered hair (e) All continuing education home study courses shall include a wrappers. Those licensees and registrants who are currently licensed written postcourse examination which must be graded by the course or registered and whose license or registration is scheduled to provider. Postcourse examinations may be openbook examinations. expire on October 31, 1999, shall not be required to complete the In order to receive continuing education credit for the course, continuing education requirement as set forth in this rule for the licensees or registrants must achieve a 75% passing score on all renewal of their current license or registration; but, shall be required postcourse examinations, to complete all continuing education requirements set forth in this (f) All continuing education courses shall include a method to rule as a condition of all renewals of their license or registration be used by the attendees of the course for evaluation of the learning after November 1, 1999. Those licensees and registrants whose experience and instructional methods used in the course. current license or registration is scheduled to expire on October 31, (g) Upon the successful completion of a continuing education 2000, shall only be required to complete the HIV/AIDS continuing course all licensees and registrants shall receive a certificate of education requirement and six (6) hours of additional continuing completion for the course which shall indicate on its face all education as a condition of renewing their current license or information as required by paragraph (6)(d) of this rule. One hour of registration. The six (6) hours of additional continuing education credit will be awarded for each 50 minute classroom hour or for shall be composed of such subject or subjects excluding HIV/AIDS as each 50 minutes of home study material. the licensee or registrant may choose provided they comply with all (h) Approval of a continuing education course shall be valid for requirements as set forth by this rule. Those licensees and a period of two years from the date of approval by the Board. After registrants whose license or registration shall expire after October the expiration of a continuing education course approval, the course 31, 2000, shall be required to complete and comply with all maynotbeofferedortaughtforcredittowardtherequiredhoursof continuing education requirements as set forth in this rule as a continuing education; and, must be again approved by the Board condition for the renewal of their license or certificate. prior to its being offered or taught for continuing education credit.

42 of 66 Self-quiz/review True or False 1. _____ Cosmetology laws in Florida are enacted by the State Legislature. 2. _____ Cosmetology rules in Florida are enacted by the State Legislature. 3. _____ Private schools of Cosmetology do not need to be licensed. 4. _____ If your license to practice has been suspended, you may continue to practice until your hearing 5. _____ When taking the exam for licensure as a cosmetologist, it is only necessary to pass one of the 2 parts. 6. _____ The portion of the theory exam for licensure that is weighted the heaviest is safety and sanitation. 7. _____ Prior to opening a salon the owner must submit a fee and application to the Department. 8. _____ Solutions used in wet sanitizers in a salon must meet EPA approval. 9. _____ Linens in a salon may be stored on an open countertop. 10. _____ Once a salon license is acquired and paid for, there is never a need to renew it. 11. _____ If the Board finances show a deficit, they may charge licensees a special assessment. 12. _____ If a licensee fails to renew their license, they may be fined up to a maximum of $500. 13. _____ The Board has the authority to issue citations for violation of the law/rules. 14. _____ Continuing education is required for Cosmetologists but NOT Nail Specialists. 15. _____.In order to legally operate, a salon must be licensed.

Answers 1T,2,F,3.F,4.F,5F,6T,7T,8T,9F,10F,11T,12T,13T,14F,15T

43 of 66 to the nail plate that it can literally rip the nail plate from the nail Chemical makeup of Hair, Skin & Nails (2 Hours CE bed due to heavy pressure from a blow or trauma to the nail. MMA Credit) is so hard that it cannot be safely removed from the nail plate by soaking in any form of remover -- it must be filed from the nail plate Introduction to Nails with a heavy abrasive. Many of us hear terms associated with nails and artificial nail Mold: Any of various fungous growths formed on the surface of enhancements that are either unclear in their definition, or they are organic matter. Mold is not a human pathogen. confusing by their very nature. Many of these terms are chemically Nail Bed: the nail bed is the portion of skin upon which the nail related, yet they can be simple terms to understand. This list plate rests. It contains blood vessels that supply nutrients to the contains terminology associated with natural and artificial nails, fingertip. procedures, and a few product or additive definitions. Nail Plate: The hard keratin coating that protects the fingertip and Vocabulary underlying tissue. Allergen: A substance capable of producing an exaggerated or Nail Root: The nail root is at the base of the nail and is embedded adverse reaction, such as sneezing, coughing, rash or irritation in underneath the skin. It originates from an actively growing tissue sensitive individuals. known as the matrix. Angnail a splitting of the cuticle. Also called Hangnail. Onychatrophia Wasting away of the nail. Also call atrophy. Bacteria: A single cell organism. Some bacteria are capable of Onychauxis Overgrowth and thickening of the nail. causing disease. Onychia Inflammation of the nail. Brittleness: The properties that determine how likely something is Onychocryptosis Ingrown nails. to break under force. Onychodermal Band: This is the seal between the nail plate and the Bruised Nails Purplish spots on the nail plate, usually caused by hyponychium. It is found just under the free edge and can be injury. recognized by its glassy, grayish color. Contamination: To make impure, infected, corrupt, etc. by contact Onycholysis Where the nail plate lifts from the nail bed. with or addition of something. Onychomycosis Fungal infection of the nail plate. Cuticle: True cuticle is the layer of translucent or colorless skin that Onychophagy Bitten nails. is constantly being shed from the underside of the proximal nail fold. Onychorrhexis Very brittle nails. Dehydration: To remove moisture from a surface, substance or Onychosis Deformity or disease of the nails. object which will improve adhesion and help to prevent yeast, The Onychodermal Band is found in that portion of the nail where bacterial and fungal infections. the nail bed ends. It cannot be seen on some individuals while it is Dermis: The dermis is the bottom layer of skin. The surface of the highly prominent on others. dermis is grooved with many tiny channels, slits or tracks, upon The shape of the nail plate is determined by the shape of the finger whichthenailmovesasitgrows. bone. Discolored Nails AlsoknownasBluenails,thisdisordercanindicate Paronychia Bacterial infection in the tissues surrounding the nail. some type of systemic disorder. Pathogen: A micro-organism which is capable of causing disease. Disinfection: A procedure used to control micro-organisms on non- Proximal Nail Fold: The proximal nail fold is often mistaken for the living surfaces such as: instruments, implements or environmental cuticle. The cuticle is actually shed from the underside of the surfaces. proximal nail fold. 'Proximal' means "nearest attached end". The Distal Edge of Plate: Distal means the farthest edge, or the free proximal nail fold acts like a gasket to seal off the matrix where the edge. new nail plate is growing. Eggshell Nails Fragile whitish nail plate. Could be caused by illness or Pterygium: Pterygium is a reversal of the normal inward folding of some medications. the skin under the free edge of the nail plate, or the lateral nail Epidermis: The epidermis is the upper most layer of skin. It is folds. This can be caused by trauma and by certain skin conditions attached to the bottom of the nail plate and is ridged with tiny 'rails' such as lichen planus. A dermatologist can sometimes remove this that run in the same direction as the dermis grooves. The effect is excess tissue by using acid peels or surgery. much like a train riding on its tracks as it moves forward. Sanitation: Sanitation reduces the number of pathogens or bacteria Eponychium: The eponychium is the extension of the proximal nail on a surface. fold at the base of the nail body which partly overlaps the lunula. Sensitization: Sensitization is a type of allergic reaction in which the Fungi: Fungi are microscopic plant organisms consisting of many affected person becomes increasingly sensitive to the allergy causing cells, such as mold, mildews and yeast. Fungi are incapable of substance through repeated and prolonged contact. manufacturing their own food and behave as either parasites or Sensitizer: A chemical that causes a substantial portion of exposed saprophytes. people or animals to develop an allergic reaction in normal tissue Furrows Depressions in the nail usually caused by illness or injury. after repeated or prolonged exposure to a chemical. Hardness: A measure of how easily a substance is scratched or Solehorn: the rigid epidermis stays attached to the bottom of the dented. nail plate until it grows beyond the free edge. This tissue is called Hyponychium: the hyponychium is that portion of the epidermis the solehorn cuticle, and will eventually slough off by itself or is under the free edge of the nail. removed during a manicure. Lateral Nail Fold: The lateral nail fold is the surrounding soft tissue Sterilization: Sterilization completely destroys all living organisms around the sides of the natural nail. on an object or surface. Leukonychia White spots on the nail plate. Usually caused by injury Tinea Fungal infection of the nail. to the nail. Natural Nails Lunula: The lunula, or half-moon, is located at the base of the nail. According to an article in Nailpro Magazine, the desire to have long The area under the lunula is the front of the matrix. The light color beautiful nails first began during China's Ming dynasty (1368-1644), of the lunula may be due to the reflection of light where the matrix when aristocratic women grew their nails up to 10 inches long as a and the connective tissue of the nail are joined. sign that they performed no manual labor. To protect their nails, Matrix: The matrix is that part of the nail bed that extends beneath they often sheathed them in gold or silver. Chinese men also grew the nail root and contains nerves, lymph and blood vessels. The long nails as a sign of their masculinity and to protect themselves matrix produces the nail and its cells undergo a reproducing and from evil. Our fascination with long nails continues to grow, and has hardening process. The matrix will continue to grow as long as it established nails as a multi-billion dollar industry. receives nutrition and remains in a healthy condition. Ask someone to show you their fingernails, and they will usually Melanonychia Darkening of the nails. point to the nail plate; however, the plate is only one of the many Mildew: A white or grayish coating formed by fungi on plant leaves, parts that comprise the complete nail unit. cloth, paper, etc. Nail Growth MMA (Methyl Methacrylate): MMA in its liquid form has been The matrix, the Mother of the Nail, is the part of the nail unit that banned for use in the nail industry due to the severity of allergic lies underneath the proximal nail fold just in front of the nail root. 44 of 66 reaction and damage to the natural nail plate. It adheres so tightly The leading edge of the matrix is seen as the lunula. The matrix cannot be seen on all nails, but is generally seen on the thumbs, chemical except for light and electricity. Some chemicals are more index and middle fingers. The soft, plump cells that comprise the hazardous than others, which is why reading the warning labels on nail plate are developed in the matrix. As they grow out, they lose theproductsweuseandfollowing the manufacturer’s instructions their inner material and become flat, hard and translucent. The for safe use is imperative. Allergic contact dermatitis from oldest cells are the most compact, making the nail plate harder and overexposure to any potentially hazardous chemical will remain with denser closest to the free edge. The longer the matrix, the more us for life. Every time we expose ourselves to the 'allergen', an cells it can produce, resulting in a thicker nail plate. Any damage to outbreak will occur. the matrix can be seen on the emerging nail plate. Hair The nail plate is held together by strong, interconnecting bands of Introduction protein fibers, and is kept flexible by a sticky residue of oils and Hair is a filamentous biomaterial, that grows from follicles found in moisture that constantly flow upward from the nail bed. When this the dermis. The human body is covered in follicles which produce residue transmits through the plate, it creates a matte shine on the thick terminal and fine vellus hair. Most common interest in hair is surface of the plate. It is also the substance that allows the nail focused on hair growth, hair types and hair care, but hair is also an plate to bend and flex under pressure. The plate rides forward on important biomaterial primarily composed of protein, notably the nail bed in a 'rail and groove'' effect - much like a train riding on keratin. its tracks. As we mature, the nail bed produces less oil and moisture, Vocabulary and this rail and groove effect becomes evident as vertical ridges in Anagen the active growth phase of hair follicles. the plate. Androgenic related to the male hormone androgen. Many factors determine nail growth, and each fingernail will grow at Bulb the terminal part of the hair follicle situated under the skin. The different rates. Heredity and health determine how fast the nail hair bulb is composed of active cells that grow the horn-shaped hair plate will grow, although the growth slows as we age. People who fibers that form hair. use their hands a lot usually experience a faster growth rate. The Catagen The phase of hair growth. thumbnail will grow about 1 1/2 inches per year, and the left thumb Cilia A short, microscopic, hair-like structure. will usually grow faster than the right. The index fingernail will grow Cortex Middle layer of the hair shaft where the hair's pigment is ... the fastest, followed by the pointer and ring finger, which grow at The cortex determines the color of the hair and whether it is straight almost the same rate. As a rule, the longer the finger, the faster the or curly. plate will grow. Nails also grow faster in summer than in winter, and Cuticle The outer layer of the hair. faster during pregnancy. After pregnancy, the rate drops back to Depilation Hairlessness: the condition of being void of hair . normal. Age also affects the growth rate with nail growth peaking Dermis The thick layer of living tissue below the epidermis that between 10 and 14 years and slowly declining after age 20. Factors forms the true skin. that slow nail growth include being immobilized or paralyzed, poor Erector pili muscle The small muscle which attach to the hair circulation, malnutrition, lactation, serious infections, psoriasis and follicles in mammals. Contraction of these muscles causes the hairs certain medications. Some people erroneously believe that eating to stand on end - known colloquially as goose bumps. certain foods or using special creams, oils or lotions will increase the Glabrous Having no hair. growth rate. Although the nail plate requires certain nutrients for Guard hairs The longest, most coarse hairs in a mammal's coat. proper growth, there is very little evidence that eating any particular Hair follicle a small tubular cavity containing the root of a hair. food will cause them to grow faster. Creams, oils and lotions are Keratin A fibrous protein forming the main structural constituent of sometimes sold as 'growth accelerators', although these claims are hair. false, misleading and illegal. No cosmetic product may claim that it Lipid Any of a group of organic compounds that are greasy to the can alter or change any body function. These products and others touch. are only for beautifying the nail plate, and only medical drugs can Malanin A class of insoluble pigments that account for the dark makesuchclaims. color of skin and hair. The Building Blocks Medulla The innermost layer of hair. The nail plate cells are made of keratin which is a type of protein Melanin A dark brown to black pigment occurring in the hair, skin. composed of amino acids. A protein can be thought of as a long Phenomelanin Melanin that provides color ranging from reds to chain that can be tied together like the rungs on a ladder to form a blondes. 'cross-link'. This cross linkage gives the nail plate strength, while the Piloerection Goose bumps. oils and moisture form the 'cement' that hold the nail plate cells Pilus Hair. together and keep them well lubricated, resulting in a strong, Sebaceous Oil gland flexible nail. Shaft The main part of the hair outside the follicle. We equate nail strength with hardness, though in actuality, nails are Tactile Touch. only strong if they have a combination of strength, hardness and Telogen The resting phase of hair growth. flexibility. If something is strong, it simply means that it can Vellus Very fine/short hair. withstand the forces meant to break it. A glass rod is strong, but can be easily broken. Hardness measures how easily the plate is dented Hair-like structures, called cilia, but which are not classified as hair, or scratched. Flexibility determines how much the plate will bend. are visible in organs such as the nose and ear. Strength shows how likely the plate is to break under force, and Hair often refers to two distinct structures: 1) the part beneath the Toughness is a combination of these properties. The combination of skin, called the hair follicle or when pulled from the skin, called the strength and flexibility create the ideal nail plate. bulb. This organ is located in the dermis and maintains stem cells Many factors can cause changes in the nail plate, resulting in which not only re-grow the hair after it falls out, but also are lowered levels of strength and flexibility. For instance, water will recruited to regrow skin after a wound; and 2) the shaft, which is the absorb into the nail plate causing the cells to shift and change shape. hard filamentous part that extends above the skin surface. A cross Repeated or prolonged exposure to water can result in dry, split, section of the hair shaft may be divided roughly into three zones. brittle, or peeling nails. Starting from the outside: 1) the cuticle which consists of several Solvents will also have a drying effect, although the effects are only layers of flat, thin cells laid out overlapping one another as roof temporary. Repeated and prolonged contact with water (the shingles, 2) the cortex which contain the keratin bundles in cell universal solvent) or other household solvents can have a lasting structures that remain roughly rod-like and in some cases, 3) the effect on the nail plate, or result in irritant or allergic contact medulla, a disorganized and open area at the fiber's center. dermatitis from overexposure. The symptoms of these two types of dermatitis will generally manifest itself as red, swollen, irritated or Description itchy skin. Remove the 'allergen/irritant', and the symptoms will Construction of the root and strand disappear. This is why nail technicians across the country Hair follicle structure recommend their clients wear protective gloves when exposing Hair is composed mainly of the protein keratin. Keratin assembles themselves to excess amounts of water or household chemical into rope-like intermediate filaments. The structure of these 45 of 66 solvents (cleaners). Remember, everything we see and touch is a filaments provides strength to the hair shaft. Hair growth begins inside the hair follicle. The only "living" portion Protection of the hair is found in the follicle. The hair that is visible is the hair Human hair may not compete with the painful spines of the shaft, which exhibits no biochemical activity and is considered porcupine, but much of the hair on the human body is suited to "dead". The base of the root is called the bulb, which contains the protect it. This natural armor cannot directly protect humans from cells that produce the hair shaft. Other structures of the hair follicle potential predators, but it does help to keep the sense organs, such include the oil producing sebaceous gland which lubricates the hair as the eyes, working properly. and the erector pili muscles, which are responsible for causing hairs Touch sense to stand-up. In humans, with little body hair, the effect results in Movements of hair shafts are detected by nerve receptors within goose bumps. the skin and by hair follicle receptors through displacement and Each strand of hair is made up of the medulla, cortex, and cuticle. vibration of hair shafts. Hairs can sense movements of air as well as The innermost region, the medulla, is not always present and is an touch by physical objects and are especially sensitive to the open, unstructured region. The highly structured and organized presence of insects. Some hairs, such as eyelashes, are especially cortex, or middle layer of the hair, is the primary source of sensitive to the presence of potentially harmful matter. mechanical strength and water uptake. The cortex contains melanin, Eyebrows and eyelashes which colors the fiber based on the number, distribution and types Eyelashes and eyebrows help to protect the eyes from dust, dirt, and of melanin granules. The shape of the follicle determines the shape sweat of the cortex, and the shape of the fiber is related to how straight or The eyebrows are situated above the eyelids on the forehead. In curly the hair is. Asian hair typically has a round fiber and is quite many other mammals they contain much longer hairs that are straight. Oval and irregularly-shaped fibers are generally more wavy upright, functioning as tactile sensors. While they have little or even curly. The cuticle is the outer covering. Its complex significance to the survival of humans, they remain a part of the structure slides as the hair swells and is covered with a single body's physiological makeup because of the role they play in molecular layer of lipid that makes the hair repel water. The protecting the eyes from dirt, sweat, and rain, as well as non-verbal diameter of human hair varies from 0.00067 to 0.0071 in. communication. People have developed other means, such as hats, Hair pigment umbrellas, and goggles to serve the purpose of eyebrows more All natural hair colors are the result of two types of hair pigment. effectively, but the presence of eyebrows may suggest that they Both of these pigments are melanin types, produced inside the hair were once important to earlier species' survival. follicle and packed into granules found in the fibers. Eumelanin is The eyelash grows at the edges of the eyelid and protects the eye the dominant pigment in dark-blond, brown, and black hair, while from dirt entering the eye. Camels have particularly long and thick pheomelanin is dominant in red hair. Blond hair is the result of eyelashes. The eyelash is to humans, camels, horses, ostriches etc., having little pigmentation in the hair strand. Gray hair occurs when what whiskers are to cats; they are used to sense when dirt, dust, or melanin decreases or disappears. any other potentially harmful object is too close to the eye. The eye Human hair growth reflexively closes as a result of this sensation. Hair grows everywhere on the external body except for mucus Human "hairlessness" membranes and glabrous skin, such as that found on the soles of the Human body hair is barely visible as it is thinner, shorter, and more hands, feet, and lips. translucent than the hair of other mammals. Humans are part of a Hair follows a specific growth cycle with three distinct and trend toward sparser hair in larger animals (fewer follicles per concurrent phases: anagen, catagen, and telogen phases. Each square inch of exposed skin). There are several African mammals phase has specific characteristics that determine the length of the that have very sparse fur, including the elephant and the hair. All three phases occur simultaneously; one strand of hair may hippopotamus, both at the upper end of this trend. The density of be in the anagen phase, while another is in the telogen phase. human hair follicles on the skin is about the average for an animal of The body has different types of hair, including vellus hair and equivalent size. It still is not clear why so much of human hair is androgenic hair, each with its own type of cellular construction. The short, under-pigmented vellus hair, rather than terminal hair, and different construction gives the hair unique characteristics, serving the effect of testosterone on the hair follicles in both human and specific purposes, mainly warmth and protection. other mammalian species. Because most human hair is less apparent Function vellus hair, this gives the appearance of being hairless, especially in Many mammals have fur and other hairs that serve different females. functions. Hair provides thermal regulation and camouflage for Most mammals have light skin that is covered by fur, and biologists many animals; for others it provides signals to other animals such as believe that early human ancestors started out this way also. Dark warnings, mating, or other communicative displays; and for some skin probably evolved after humans lost their body fur, because the animals hair provides defensive functions and, rarely, even offensive naked skin was vulnerable to the strong UV radiation as would be protection. Hair also has a sensory function, extending the sense of experienced in Africa. Therefore, evidence of when human skin touch beyond the surface of the skin. Guard hairs give warnings that darkened has been used to date the loss of human body hair, may trigger a recoiling reaction. assuming that the dark skin was needed after the fur was gone. Warmth Balding, where terminal hair switches to vellus hair, usually occurs Polar bears use their fur for warmth and while their skin is black, at around thirty to forty years of age. In prehistoric times, most their transparent fur appears white and provides camouflage while individuals were not as likely to live past 30, with few reaching their hunting and for protection by hiding cubs in the snow. fourth decade, and thus it wasn't likely that this trait was subject to While humans have developed clothing and other means of keeping selection. warm, the hair found on the head serves as primary sources of heat The sweat glands in humans could have evolved to spread from the insulation and cooling (when sweat evaporates from soaked hair) as hands and feet as the body hair changed, or the hair change could well as protection from ultra-violet radiation exposure. The function have occurred to facilitate sweating. Horses and humans are of the of hair in other locations is debated. Hats and coats are still required few animals capable of sweating on most of their body, yet horses while doing outdoor activities in cold weather to prevent frost bite are larger and still have fully developed fur. In humans, the skin hairs and hypothermia, but the hair on the human body does help to keep lie flat in hot conditions, as the erector pili muscles relax, preventing the internal temperature regulated. When the body is too cold, the heat from being trapped by a layer of still air between the hairs, and arrector pili muscles found attached to hair follicles stand up, increasing heat loss by convection. causing the hair in these follicles to do the same. These hairs then Texture form a heat-trapping layer above the epidermis. This process is Curly hair formally called piloerection, derived from the Latin words 'pilus' It was evolutionarily advantageous for pre-humans to retain the hair ('hair') and 'erectio' ('stiffening'), but is more commonly known as on their heads in order to protect the scalp as they walked upright in 'having goose bumps' in humans. This is more effective in other the intense African (equatorial) UV light. The protection of the head, mammals whose fur fluffs up to create air pockets between hairs the seat of the brain that enabled humanity to become one of the that insulate the body from the cold. The opposite actions occur most successful species on the planet (and which also is very when the body is too warm; the arrector muscles make the hair lay vulnerable at birth), was arguably a more urgent issue (axillary hair 46 of 66 flat on the skin which allows heat to leave. in the underarms and groin were also retained as signs of sexual maturity). During the gradual process by which Homo erectus made Many people will confuse what a haircut is versus what a trim is. A a transition from furry to naked skin, their hair texture putatively haircut is usually performed in order to change one's hairstyle, while changed to Afro-like or 'kinky' (i.e. tightly coiled). In this sense, a trim helps to keep away split ends and keep the hair well- during the period in which humans were gradually losing their groomed. Cutting hair tends to take off more hair than trimming hair straight body hair and thereby exposing initially the pale skin does. When hair is trimmed, only the first few centimeters need to underneath their fur to the sun, straight hair would have been an be removed, whereas haircuts can sometimes result in the loss of adaptive liability. Hence, tightly coiled or 'kinky' Afro-hair may have many inches of hair. evolved to prevent the entry of UV light into the body during the Indication of status transition toward dark, UV-protected skin. Healthy hair indicates health and youth (important in evolutionary In this sense, the evidence with regard to the evolution of straight biology). Hair color and texture can be a sign of ethnic ancestry. hair texture seems to support suggestions that the need for vitamin Facial hair is a sign of puberty in men. White hair is a sign of age or D triggered the transition back from dark to light skin. Specifically, genetics, which may be concealed with hair dye. Male pattern the distribution of this trait suggests that this need may have grown baldness is a sign of age, which may be concealed with a toupee, so intense at certain points that Northerners with mutations for hats, or religious and cultural adornments. Although drugs and straighter hair survived and had children at higher rates medical procedures exist for the treatment of baldness, many The latter hypothesis seems the more plausible evolution balding men simply shave their heads determinant as the surface area of the head is minute compared to Religious practices the remainder of the body, thus the energy required in producing Women's hair may be hidden using headscarves, a common part of long hair for the express purpose of "optical" amplification of UV the hijab in Islam and a symbol of modesty required for certain light reflected from the snow seems counterproductive. Scientists religious rituals in Orthodox Christianity. Orthodox Judaism endorses point to the fact that straight hair found in many ethnic groups is the use of scarves and other head coverings for women for modesty denser as well and has a greater ability to "show" as it does not coil, reasons as in Islam. Sikhs generally keep their hair uncut and men hence providing more warmth as the likely deterministic factor for keep it tied in a bun on the head, which is then covered the evolution of straight long hair. Some scientists argue that since appropriately using a turban. Multiple religions, both ancient and the head and appendages are the greatest areas for heat loss from contemporary, require or advise one to allow their hair to become the body, the ability to grow long hair on the crown of the head as dreadlocks, though people also wear them for fashion. well as the face provides a distinct advantage in a cold climate. Since the main sensory organs are anatomically located on the head, long Skin hair provides the necessary warmth and protection in a cold climate Introduction that allows the use of these organs by exposing them to the elements to "sense", in for example a hunt, yet still providing Skin is a soft outer covering of an animal, in particular a vertebrate. necessary warmth and protection to sustain prolonged exposure. It Other animal coverings such as the arthropod exoskeleton or the may be argued, therefore, that the ability to grow long, straight, seashell have different developmental origin, structure and chemical densely packed hair provides a distinct evolutionary advantage in composition. The adjective cutaneous means "of the skin" (from cold climate; however, it would be a distinct disadvantage in a hot Latin cutis, skin). In mammals, the skin is the largest organ of the climate, when compared to loosely packed, spongy, closely cropped integumentary system made up of multiple layers of ectodermal hair. tissue, and guards the underlying muscles, bones, ligaments and Removal practices internal organs. Skin of a different nature exists in amphibians, Though growing hair is an inevitable part of being human, many reptiles, and birds. All mammals have some hair on their skin, even believe that it is unsightly and should be removed. Hair removal is marine mammals which appear to be hairless. Because it interfaces almost always motivated by cosmetic reasons. with the environment, skin plays a key role in protecting (the body) Depilation is the removal of hair from the surface of the skin. This against pathogens and excessive water loss. Its other functions are canbeachievedthroughmethodssuchasshaving.Epilationisthe insulation, temperature regulation, sensation, and the protection of removal of the entire hair strand, including the part of the hair that vitamin D. Severely damaged skin will try to heal by forming scar has not yet left the follicle. A popular way to epilate hair is through tissue. This is often discolored and depigmented. waxing it. Shaving Vocabulary Many razors have multiple blades purportedly to ensure a close Adipocytes A fat cell. shave. While shaving initially will leave skin feeling smooth and hair Apocrine gland Sweat gland. free, new hair growth will appear a few hours after hair removal. Basale The growth or germ layer of the skin. Shaving is accomplished with bladed instruments, such as razors. Corneum The outer more or less horny part of the epidermis. The blade is brought close to the skin and stroked over the hair in Cutaneous Pertaining to, or affecting the skin. the desired area to cut the terminal hairs and leave the skin feeling Cutis The true skin. Epidermis and dermis. smooth. Depending upon the rate of growth, one can begin to feel Cytoplasm The cell substance between the cell membrane and the the hair growing back within hours of shaving. This is especially nucleus. evident in men who develop a five o'clock shadow after having Depigmented No color. shaved their faces. This new growth is called stubble. Stubble Dermis The dense inner layer of skin. typically appears to grow back thicker because the shaved hairs are Desmosomal A structure that forms the site of adhesion between blunted. two cells. Waxing Desquamation Loss of bits of outer skin by peeling or shedding or Waxing involves using a sticky wax and strip of paper or cloth to pull coming off in scales. hair from the root. Waxing is the ideal hair removal technique to Ectodermal The outer germ layer of skin. keep an area hair-free for long periods of time. It can take five to Eleidin A substance similar to keratin, which is present in the nine weeks for waxed hair to begin to resurface again. Hair in areas stratum lucidum of the skin. that have previously been waxed also is known to grow back finer Epidermis The outer layer of the skin. and thinner, especially compared to hair that has been shaved with Exocytosis Process by which a cell directs the contents of vesicles arazor. out of the cell. Cutting and trimming Fibroblast A cell in connective tissue that produces collagen and Because the hair on the head is normally longer than other types of other fibers. body hair, it is cut with scissors or clippers. People with longer hair Granulosm 3-5 cell layers thick; last cell layer to have nutrients. will most often use scissors to cut their hair, whereas shorter hair is Hydration Addition of water. maintained using a trimmer. Depending on the desired length and Hypodermis Tissue or layer of cells beneath the epidermis. overall health of the hair, periods without cutting or trimming the Keratin A fibrous protein forming the main structural constituent of hair can vary. 47 of 66 hair & nails. Keratinocytes The predominant cell type in the epidermis, the Cells of the stratum corneum contain keratin, a protein that helps outermost layer of the human skin. keep the skin hydrated by preventing water evaporation. These cells Lamellar A gill-shaped structure: fine sheets of material held can also absorb water, further aiding in hydration, and explaining adjacent to one another, with fluid in-between. why humans and other animals experience wrinkling of the skin on Langerhans Cells of the epidermis, containing large granules. the fingers and toes ("pruning") when immersed in water for Lucidum Translucent layer of cells lying superficial to the stratum prolonged periods. In addition, this layer is responsible for the granulosum and under the stratum corneum. "spring back" or stretchy properties of skin. A weak glutinous Lymphatic vessels Network of conduits that carry a clear fluid called protein bond pulls the skin back to its natural shape. lymph. The thickness of the stratum corneum varies according to the Macrophanges White blood cells. amount of protection and/or grip required by a region of the body. Mechanoreceptors A sense organ or cell that responds to For example, the hands are typically used to grasp objects, requiring mechanical stimuli such as touch or sound. the palms to be covered with a thick stratum corneum. In a similar Melanocytes Melanin-producing cells located in the bottom layer manner, the sole of the foot is prone to injury, and so it is protected (the stratum basale) of the skin's epidermis. with a thick stratum corneum layer. In general, the stratum corneum Micron 1/1000 of one inch. contains 15 to 20 layers of dead cells. The stratum corneum has a Mitosis A type of cell division that results in two daughter cells. thickness between 10 and 40 microns. Scar A mark left on the skin or within body tissue where a wound, In reptiles, the stratum corneum is permanent, and is replaced only burn, or sore has not healed quite completely. during times of rapid growth, in a process called ecdysis or moulting. pH The pH of hair (measure of acidity). The stratum corneum in reptiles contains beta-keratin, which Sebaceous gland Oil gland. provides a much more rigid skin layer. Skin Outer protective covering of the body. The stratum lucidum Spinosum Layer of the epidermis found between the stratum (Latin for "clear layer") is a thin, clear layer of dead skin cells in the granulosum and stratum basale. epidermis named for its translucent appearance under a Staphylococcus A that includes many pathogenic kinds that cause microscope. It is found only in areas of thick skin, most noticeably on pus formation in the skin. thepalmsofthehandsandthesolesofthefeet. Strata Refers to a layer. Located between the stratum granulosum and stratum corneum Stratum corneum Outermost layer of the epidermis consisting of layers, it is composed of three to five layers of dead, flattened dead cells that slough off. keratinocytes. The keratinocytes of the stratum lucidum do not Sweat gland Also known as the sudoriferous gland. Small tubular feature distinct boundaries and are filled with eleidin, an structures of the skin that produce sweat. intermediate form of keratin. The thickness of the lucidum is controlled by the rate of mitosis of Layers the epidermal cells. In addition, melanocytes determine the The epidermis is divided into several layers where cells are formed darkness of the stratum lucidum. The cells of the stratum lucidum through mitosis at the innermost layers. They move up the strata, are flattened and contain an oily substance that is the result of changing shape and composition as they differentiate and become exocytosis of lamellar bodies accumulated while the keratinocytes filled with keratin. They eventually reach the top layer, called the are moving through the stratum spinosum and stratum granulosum. stratum corneum, consisting of approximately 15-350 layers of dead The stratum granulosum cells strengthened and made water-resistant by the keratin. This (or granular layer) is a layer of the epidermis found between the processiscalledkeratinization.Thedeadcellsarethensloughedoff, stratum lucidum and stratum spinosum. In this layer, keratinocytes or desquamated, which takes place within weeks. are now called granular cells, and contain keratohyalin and lamellar Epidermis granules. Epidermis, "epi" coming from the Greek meaning "over" or "upon", The stratum spinosum is the outermost layer of the skin. It forms the waterproof, (or spinous layer) is a layer of the epidermis found between the protective wrap over the body's surface and is made up of stratified stratum granulosum and stratum basale. This layer is also referred squamous epithelium with an underlying basal lamina. to as the "spinous" or "prickle-cell" layer. This appearance is due to The epidermis contains no blood vessels, and cells in the deepest desmosomal connections of adjacent cells. The presence of lipids in layers are nourished by diffusion from blood capillaries extending to stratum granulosum creates hydrophobic barrier between stratum the upper layers of the dermis. The main type of cells which make granulosum and stratum lucidum that prevents dehydration. up the epidermis are Merkel cells, keratinocytes, with melanocytes Keratinization begins in the stratum spinosum. and Langerhans cells also present. The epidermis can be further The Stratum germinativum subdivided into the following strata (beginning with the outermost (or basal layer, stratum basale) is the deepest layer of the 5 layers layer): corneum, lucidum (only in palms of hands and bottoms of of the epidermis, which is the outer covering of skin in mammals. feet), granulosum, spinosum, basale. Cells are formed through The stratum germinativum is a continuous layer of cells. It is often mitosis at the basale layer. The daughter cells move up the strata described as one cell thick, though it may in fact be two to three changing shape and composition as they die due to isolation from cells thick in glabrous (hairless) skin and hyper-proliferative their blood source. The cytoplasm is released and the protein epidermis (from a skin disease). keratin is inserted. They eventually reach the corneum and slough The basal cells off (desquamation). This process is called keratinization and takes of the stratum germinativum can be considered the stem cells of the place within about 27 days. This keratinized layer of skin is epidermis. They are undifferentiated, and they proliferate. They responsible for keeping water in the body and keeping other create 'daughter' cells that migrate superficially, differentiating as harmful chemicals and pathogens out, making skin a natural barrier they do so. The keratinocytes of the stratum germinativum undergo to infection. The epidermis helps the skin to regulate body mitosis continually throughout the individual's life. temperature. Melanocytes The stratum corneum , the pigment producing cells of the epidermis, are primarily found in is the outermost layer of the epidermis, composed of large, flat, the stratum germinativum. Human nails grow from Stratum polyhedral, plate-like envelopes filled with keratin, which is made up germinativum. of dead cells that have migrated up from the stratum granulosum. From the Latin for horned layer, this skin layer is composed mainly Functions of dead cells that lack nuclei. As these dead cells slough off on the Skin performs the following functions: surface in the thin air-filled stratum disjunctum, they are 1. Protection: an anatomical barrier from pathogens and damage continuously replaced by new cells from the stratum germinativum between the internal and external environment in bodily (basale). In the human forearm, for example, about 1300 defense; Langerhans cells in the skin are part of the adaptive cells/cm2/hr. are shed. This outer layer that is sloughed off is also immune system. known as the stratum dysjunctum. 48 of 66 2. Sensation: contains a variety of nerve endings that jump to heat 4. Vitamin E is a membrane antioxidant that protects against and cold, touch, pressure, vibration, and tissue injury; see oxidative damage and also provides protection against harmful somatosensory system and haptic perception. UV rays. 3. Heat regulation: increase perfusion (liquid entering cells) and Primary Lesions heat loss, while constricted vessels greatly reduce cutaneous Macule - A macule is a change in surface color, without elevation or blood flow and conserve heat. Erector pili muscles are depression and, therefore, nonpalpable, well or ill-defined, variously significant in animals. sized, but generally considered less than either 5 or 10mm in 4. Control of evaporation: the skin provides a relatively dry and diameter at the widest point. semi-impermeable barrier to fluid loss. Patch - A patch is a large macule equal to or greater than either 5 or 5. Storage and synthesis: acts as a storage center for lipids and 10mm, depending on one's definition of a macule. Patches may water. have some subtle surface change, such as a fine scale or wrinkling, 6. Absorption: oxygen, nitrogen and carbon dioxide can diffuse but although the consistency of the surface is changed, the lesion into the epidermis in small amounts; some animals use their itself is not palpable. skin as their sole respiration organ (in humans, the cells Papule - A papule is a circumscribed, solid elevation of skin with no comprising the outermost 0.25–0.40 mm of the skin are visible fluid, varying in size from a pinhead to either less than 5 or "almost exclusively supplied by external oxygen", although the 10mm in diameter at the widest point. "contribution to total respiration is negligible"). Plaque - A plaque has been described as a broad papule, or 7. Water resistance: The skin acts as a water resistant barrier so confluence of papules equal to or greater than 1 cm, or alternatively essential nutrients aren't washed out of the body. as an elevated, plateau-like lesion that is greater in its diameter than Dermis in its depth. The dermis is the layer of skin beneath the epidermis that consists of Nodule - A nodule is similar to a papule, but is greater than either 5 connective tissue and cushions the body from stress and strain. The or 10mm in both width and depth, and most frequently centered in dermis is tightly connected to the epidermis by a basement the dermis or subcutaneous fat. The depth of involvement is what membrane. It also harbors many Mechanoreceptors (nerve endings) differentiates a nodule from a papule. that provide the sense of touch and heat. It contains the hair Vesicle - A vesicle is a circumscribed, fluid-containing, epidermal follicles, sweat glands, sebaceous glands, apocrine glands, lymphatic elevation generally considered less than either 5 or 10mm in vessels and blood vessels. The blood vessels in the dermis provide diameter at the widest point. nourishment and waste removal from its own cells as well as from Bulla - A bulla is a large vesicle described as a rounded or irregularly the Stratum basale of the epidermis. shaped blister containing serous or seropurulent fluid, equal to or The dermis is structurally divided into two areas: a superficial area greater than either 5 or 10mm, depending on one's definition of a adjacent to the epidermis, called the papillary region, and a deep vesicle. thicker area known as the reticular region. Pustule - A pustule is a small elevation of the skin containing cloudy Papillary region or purulent material usually consisting of necrotic inflammatory The papillary region is composed of loose areolar connective tissue. cells. These can be either white or red. This is named for its fingerlike projections called papillae, which Cyst - A cyst is an epithelial-lined cavity containing liquid, semi-solid, extend toward the epidermis. The papillae provide the dermis with a or solid material. "bumpy" surface that interlocks with the epidermis, strengthening Erosion - An erosion is a discontinuity of the skin exhibiting the connection between the two layers of skin. incomplete loss of the epidermis, a lesion that is moist, Reticular region circumscribed, and usually depressed. The reticular region lies deep in the papillary region and is usually Ulcer - An ulcer is a discontinuity of the skin exhibiting complete loss much thicker. It is composed of dense irregular connective tissue, of the epidermis and often portions of the dermis and even and receives its name from the dense concentration of collagenous, subcutaneous fat. elastic, and reticular fibers that weave throughout it. These protein Fissure - A fissure is a crack in the skin that is usually narrow but fibers give the dermis its properties of strength, extensibility, and deep. elasticity. Also located within the reticular region are the roots of Wheal - A wheal is a rounded or flat-topped, pale red papule or the hair, sebaceous glands, sweat glands, receptors, nails, and blood plaque that is characteristically evanescent, disappearing within 24 vessels. to 48 hours. Hypodermis Telangiectasia - A telangiectasia represents an enlargement of The hypodermis is not part of the skin, and lies below the dermis. Its superficial blood vessels to the point of being visible. purpose is to attach the skin to underlying bone and muscle as well Burrow - A burrow appears as a slightly elevated, grayish, tortuous as supplying it with blood vessels and nerves. It consists of loose line in the skin, and is caused by burrowing organisms. connective tissue and elastin. The main cell types are fibroblasts, Secondary lesions macrophages and adipocytes (the hypodermis contains 50% of body Scale - dry or greasy laminated masses of keratin that represent fat). Fat serves as padding and insulation for the body. Another thickened stratum corneum. name for the hypodermis is the subcutaneous tissue. Crust - dried serum, pus, or blood usually mixed with epithelial and Microorganisms like Staphylococcus epidermidis colonize the skin sometimes bacterial debris. surface. The density of skin flora depends on region of the skin. The Lichenification - epidermal thickening characterized by visible and disinfected skin surface gets recolonized from bacteria residing in palpable thickening of the skin with accentuated skin markings. the deeper areas of the hair follicle, gut and urogenital openings. Excoriation - a punctate or linear abrasion produced by mechanical Nutrition for healthy skin means (often scratching), usually involving only the epidermis but 1. Vitamin A, also known as retinoids, benefits the skin by not uncommonly reaching the papillary dermis. normalizing keratinization, downregulating sebum production Induration - dermal thickening causing the cutaneous surface to feel which contributes to acne, and reversing and treating thicker and firmer. photodamage, striae, and cellulite. Atrophy - refers to a loss of tissue, and can be epidermal, dermal, or 2. Vitamin D and analogs are used to downregulate the cutaneous subcutaneous. With epidermal atrophy, the skin appears thin, immune system and epithelial proliferation while promoting translucent, and wrinkled. Dermal or subcutaneous atrophy is differentiation. represented by depression of the skin. 3. Vitamin C is an antioxidant that regulates collagen synthesis, forms barrier lipids, regenerates vitamin E, and provides photoprotection.

49 of 66 Self-quiz/review

True or False 1. _____ The cuticle is the outer protective layer of the hair. 2. _____ Fungi are animal organisms. 3. _____ Methyl Methacrylate has been approved for use in the salon. 4. _____ Mold is not a human pathogen. 5. _____ The nail plate is made up of keratin. 6. _____ A pathogen is capable of producing disease. 7. _____ Vellus hair is heavy and thick. 8. _____ The organ of hair growth is the papilla. 9. _____ Melanin granules are responsible for hair color. 10. _____ The matrix produces the cells that become the nail plate. 11. _____ Hair serves to protect the body. 12. _____ Eyelashes have no useful purpose. 13. _____ Skin consists of a single layer. 14. _____ The outer layer of the skin is the epidermis. 15. _____ Skin is part of the heat regulation system of the body. 16. _____ A macule is considered a primary lesion of the skin. 17. _____ A vesicle contains no fluid. 18. _____ A thumbnail grows about 1 ½ inches per month. 19. _____ For skin protection, it is advisable to wear gloves when working with solvents. 20. _____Atrophy refers to an increased growth of tissue. Answers: 1.T,2.F,3F,4.T,5.T,6T,7F,8T,9T,10T,11T,12F,13F,14T,15T,16T,17F,18F,19T,20F

50 of 66 ENVIRONMENTAL ISSUES (1 HOUR CE CREDIT) Introduction 2011 Florida records indicate approximately 110,000 people work in the state as cosmetologists, manicurists, pedicurists and facial specialists. These trained professionals provide a wide variety of services; many of which have a profound impact on the environment. Products that salon workers use are critical to performing high-quality services, and indeed, without them, these services would not be possible. However, many of the products contain ingredients that should be used and handled properly to minimize potential for environmental damage. Professional care products are typically formulated to minimize exposure and the potential for adverse health effects. Also, salon products are typically used in small amounts, which can further lower the risk of overexposure. Yet, if proper care is not taken, overexposure may occur and could result in adverse health and environmental effects. In addition, the understanding of Material Safety Data Sheets (MSDSs) is helpful in understanding the consequences of misuse of products. Not all of the information found on an MSDS is useful to professionals, but the information will help you better understand how to use these important documents properly and make your workplace safer.

Vocabulary 4. Number of employees Acetone: Nail polish remover, fingernail glue remover. 5. Number of potential clients Overexposure may cause headache, dizziness, irritation to skin, eyes, 6. Opportunity for natural ventilation and throat, and central nervous system. 7. Climate Allergen: A substance capable of producing an exaggerated or 8. Air quality of the community (smog/pollution) adverse reaction, such as sneezing, coughing, rash or irritation in Because so many variables enter in the equation of “good air” it is in sensitive individuals. your best interest as a salon owner to have a professional consult Allergic reaction, or an allergy, is an adverse reaction to the body with you on the design and type of equipment used. This can help usually characterized by skin redness, itching, blisters and localized insure the health and safety of both licensees and clients. Never swelling. smoke, eat or drink in the salon. On July 1, 2003, smoking was Breathing Zone: The two foot sphere around each person’s mouth, banned statewide in all enclosed workplaces in Florida. from which all your breathing air is drawn. Product safety Chemical: Everything you see and touch except for light and There are only three ways that a potentially hazardous chemical can electricity. enter the body. If you block these 'routes of entry', you will Contamination: To make impure, infected, corrupt, etc. automatically lower your exposure. HVAC Heating Ventilation Air Conditioning 1. Inhalation by breathing vapors, mists, or dusts. Material Safety Data Sheet (MSDS): Chemical information sheets 2. Absorption through the skin or broken tissue. also containing safety precautions on each potentially hazardous 3. Unintentional or accidental ingestion. product one uses. It is an OSHA regulation for all salons to have Never judge product safety by odor. A dangerous misconception MSDS on premises for all products containing potentially hazardous about chemicals in the salon industry is that many believe that they chemicals. can tell how safe or dangerous a chemical is simply by its odor! Nail polish, fingernail glue, dyes, relaxers, permanent wave Wrong! A chemical's smell has absolutely nothing to do with its solutions and many other products used in the salon must be used safety. Some of the most dangerous substances known have very with professional caution and according to manufacturer’s sweet, pleasant fragrances. directions. Overexposure may cause irritation to eyes and nose, Always store food away from salon chemicals and wash your hands weakness, exhaustion, confusion, inappropriate feelings of before eating or going to the restroom. A cigarette lighter will happiness, dizziness, headache, dilated pupils, runny eyes, anxiety, produce a spark that may ignite flammable liquids and vapors. muscle fatigue, inability to sleep, feeling of numbness/tingling, skin Coffee cups can easily collect dusts. Hot liquids, like coffee and tea, rash, and in more serious cases of overexposure or intentional will absorb vapors right out of the air. abuse, liver and kidney damage. Your client may love you and think you are the greatest technician in Organic simply means the chemical contains carbon in its structure the world. But, if you accidentally splash primer or get monomer in OSHA: Occupational Safety and Health Administration. their eyes, you have lost a friend and gained a lawsuit! You are Ventilate: To admit fresh air into a space in order to replace stale responsible for the client's safety while in your care. Treat all air. chemical products with respect. Don't be fooled by marketing terms There is no need to fear chemicals, just be careful and wise. Know like "nontoxic", "natural", and Organic means the chemical contains your products, read and understand the MSDS, read all product carbon in its structure. Most things on earth are organic. Cow dung, warning labels, and follow the manufacturer’s application guidelines poison ivy, and road tar are all 100% organic and natural. Natural for all your salon products. simply means "occurring in nature. “Nature is a wicked place; filled Air Quality with poisonous substances. Natural doesn't mean a product is safe, To reduce exposure to vapors, ventilate, don't circulate! Air- wholesome, or even better. Chemical Overexposure and Allergic conditioning units are designed to circulate the existing air in a Reaction remembering our High School chemistry classes, we room. A ventilation system will 'remove' the existing air and draw understand that everything we come in contact with is a chemical, fresh air into the room. Vented stations will help 'control' dusts and except for light and electricity. We are exposed to chemicals when vapors, but only if the charcoal filter is changed regularly. Always we bathe, shampoo our hair, use cleaning solutions, laundry wear a dust mask when filing, especially if you use a drill. Our lungs detergent, nail products and a host of other items we use every day. can handle a lot of dusts because it has ways of removing and These chemicals are in no way harmful as long as we follow the safe disposing of inhaled dusts. When you inhale more than the lungs directions and instructions for use and read and understand the can handle, you increase your risk. Drills make much smaller dust warning labels. particles than files or emery boards. These smaller particles lodge Learning how to identify and prevent overexposure to chemicals for deeper into the lungs, making them more hazardous to your health our clients and ourselves should be a top priority. Overexposure and the health of your clients. Drills spin in a clock-wise direction that results in allergic reaction can be prevented. It all starts with and will actually 'throw' the dust in your face, and remain in your paying specific attention to our preparation, application and breathing-zone up to 60% longer than the dusts from hand filing. finishing techniques, knowing our products and using proper These smaller particles will settle on every surface and even the ventilation in the salon. slightest breeze will send them back into your air. Licensees and their clients are exposed to a wide variety of potential It is strongly advised salon owners seek the assistance of a quality allergens in the salon. We wipe our monomer soaked brushes on HVAC specialist when designing the air system for the salon. Things the table towel and then rest our arms in the same spot. We use to consider in the design would include: our fingers or our wet brush to clean off any product that has over- 1. Types of services offered run the clients cuticle or sidewall lines. We allow nail dust to collect 2. Types of products and chemicals used on the skin of our hands and arms, while our arms rest on a wet, 3. Cubic footage of the salon 51 of 66 dusty table towel. We use drills at higher than recommended speeds which can throw the nail dust in our faces and into our 6. Place waste soaked with product in a sealed container before breathing zone. If we wear masks to protect ourselves from vapors disposing of it in the trash container. or dusts, we rarely change them, or we wear the wrong type mask. 7. Wear mask and gloves and protective eyewear, if These practices, among others, can cause overexposure to recommended in the MSDS, when handling larger quantities of potentially harmful chemicals which will result in sensitivity and chemicals. allergic reaction. 8. Wash hands frequently: Material Safety Data Sheets a. before and after working on customers. MSDS Provide information to all chemical workers. MSDS help b. before eating and drinking. firefighters deal with chemical fires or clean up large spills, and c. after handling products. doctors to treat accidental poisonings. Any professional product d. after using the restroom. that contains a potentially hazardous substance has an MSDS. What 9. If there are visible signs of sensitivity or allergic reaction to a canyoulearnfromanMSDS? product, discontinue use immediately. 1. Potentially hazardous ingredients found in each product. 10. Do not eat, drink, or store food at the work station. 2. Proper storage and fire prevention. 11. Read and understand the content of MSDSs for each product 3. Ways to prevent hazardous chemicals from entering the body. used. 4. The short and long-term health effects of overexposure. 12. Know where to find MSDSs in the shop. 5. Early warning signs of product overexposure. 13. Dispose of all waste properly. 6. Emergency first aid advice. 14. Post “No Smoking”, “No Eating”, and “No Drinking” signs in the 7. Emergency phone numbers. salon’s work area. Florida Recycling 15. Post a sign near the shop’s sink to remind workers to wash their Being a good steward of the environment is the responsibility of all. hands before and after each customer, after handling Much waste can be produced in the salon and following local and chemicals, using the restroom and before eating. state regulations for proper disposal is essential. 16. Require all customers to wash their hands and fingernails The Florida Recycling Program is responsible for monitoring and thoroughly before receiving nail service. reporting on recycling and waste reduction programs across the 17. Perform services only on healthy nails and intact skin. state, as well as providing technical assistance. It manages the 18. Post step-by-step procedures near the shop’s sinks and in the Recovered Materials Dealers Certification program and the shop’s work area on how to clean and disinfect instruments and Construction and Demolition Debris Facilities Reporting program. It other equipment that comes in contact with clients’ skin. administers the Innovative Recycling and Waste Reduction Grants 19. Properly ventilate each work station. Preferably, install an program and it assists Florida First Capital Finance Corporation in effective exhaust system with individual exhaust vents for each administering the Florida Recycling Loan Program. workstation. If possible, the exhaust should be vented outdoors In 2010, House Bill 7243 was passed by the Florida Legislature, in a manner that meets local building code requirements. setting a recycling goal of 75% by 2020 for the counties of Florida. 20. Keep the general ventilation system (HVAC) on during work DEP is developing a web based system for reporting data from hours. counties, and various public and private entities. The reporting 21. Place a metal trash can with a self-closing lid at every work formats are currently under development. station. The Division of Waste Management works closely with the 22. Label all product containers clearly and properly. Department's district offices to implement state and federal laws to 23. Purchase appropriate masks and gloves recommended in the protect the environment from the improper handling and disposal of MSDS for your employees. solid and hazardous wastes. This includes regulatory programs for 24. Do not buy or use any nail product containing liquid methyl waste facilities and pollutant storage systems, and non-regulatory methacrylate (MMA) monomer. activities such as financial and technical assistance for recycling and 25. Designate a chemical storage area far away from the dining waste reduction. There are three bureaus within the Division of area and equipped with local exhaust ventilation. Waste Management - the Bureau of Petroleum Storage Systems, the 26. Provide an adequately ventilated dining area for nail salon Bureau of Solid and Hazardous Waste and the Bureau of Waste workers, partitioned from the shop’s work area. Cleanup. 27. Designate a storage place for a binder of MSDSs for all nail Hints and tips for a safe working environment. salon products. Ask for the most up-to-date MSDS for each 1. Keep the top of ventilated tables or other vents clear of any product at least once a year. obstruction, e.g., towels. 28. Inform employees where MSDSs are kept. 2. Keep product containers closed when not in use. 29. Provide training required for reading and understanding 3. Do not use excessive amounts of product when performing MSDSs. services. 30. Provide worker training on hazard communication and proper 4. Keep products in smaller-sized, properly labeled containers at storage and handling of flammable liquids as required by OSHA. the work station. 31. Maintain the latest copy of the state cosmetology board’s rules 5. Keep a metal trash can near the workstation with a self-closing and regulations. lid completely covered at all times.

Self-quiz/review True or False 1. _____ In Florida, salons are not required to maintain MSDS for hazardous products. 2. _____ Ventilation means the same as circulation in regards to air quality. 3. _____ Following manufacturers’ instructions is essential for salon safety. 4. _____ Proper containers should be provided for the safe disposal of hazardous products. 5. _____ When a product is labeled “organic” it is safe to assume that it is not harmful. 6. _____ Recycling in Florida is regulated by state laws. 7. _____ The only way a hazardous material can enter your body is through inhalation. 8. _____ One consideration if selecting ventilation equipment is cubic footage of the salon. 9. _____ MSDS are regulated by the FDA. 10. _____ Dust and loose hair are common air pollutants in a salon. Answers 1.F, 2 F, 3. T, 4 T, 5 F, 6 T, 7 F, 8 T, 9 F, 10 T

52 of 66 Cosmetologist Salon Management (4 CE Credits) Means a person who is licensed to engage in the practice of cosmetology in this state under the authority Florida law. Introduction Cosmetology In order to successfully own and operate a salon, it is essential that The mechanical or chemical treatment of the head, face, and scalp good business practices are followed. In doing so, you will provide for aesthetic rather than medical purposes, including, but not the best possible safe, sanitary and legal experience for your clients limited to, hair shampooing, hair cutting, hair arranging, hair and employees. It has been said that successful business people coloring, permanent waving, and hair relaxing for compensation. spend an average of 2 years in preparation for the opening of their This term also includes performing hair removal, including wax business. Having the correct knowledge and business tools can help treatments, manicures, pedicures, and skin care services. ensure a positive experience in the operation of your salon. Demographics As the owner, you assume the responsibility for doing things legally Statistical data relating to the population and particular groups and properly. This unit will be of great value in achieving those within it. Could include average age, sex, and income level. goals. Department Vocabulary Means the Department of Business and Professional Regulation. The following terms should be reviewed and understood before Depreciation proceeding with the information that follows. They help clarify the A term used in accounting, economics and finance to spread the cost various Salon Management concepts that follow. Many times, terms of an asset over the span of several years. have a unique definition for business which may be vastly different Diplomacy fromthecommonuseoftheword.Someofthetermsaretaken Simply put, tact. A quality that is essential when dealing with directly from Florida Cosmetology Laws and Rules. Again, they have people. a particular meaning related to the Salon Business. EBIT A bookkeeping term meaning Earnings Before Interest and Taxes. Accounts payable Empathy Bills that are due to be paid. The capacity to recognize and, to some extent, share feelings (such Accounts receivable as sadness or happiness) that are being experienced by another. A Monies owed to the salon. requirement for dealing with people. Advertising Equity A form of communication used to persuade an audience (viewers, An accounting term referring to the value of an ownership interest readers or listeners) to take some action with respect to products in property. andservicesofferedinthesalon. Expenses Allocation of money Costs related to operating your business. Simply put, a budget. It is essential to plan your spending wisely. F.I.C.A Board means the Board of Cosmetology. Federal Insurance Contributions Act. Also known as Social Security. Board of Directors Fiscal year The governing body of a Corporation. The calendar range of 12 months that sets the start and end of your Body wrapping means a treatment program that uses herbal wraps financial year. (Note: this is not always January to December). for the purposes of cleansing and beautifying the skin of the body, Fixed costs but does not include: Costs that remain the same each month. Rent is often fixed (a) The application of oils, lotions, or other fluids to the body, except whereas electricity is usually varied each month. fluids contained in presoaked materials used in the wraps; or Form SS-4 (b) Manipulation of the body’s superficial tissue, other than that Federal tax form used to determine arising from compression emanating from the wrap materials. Fringe benefits Break-even point Incentives offered to employees such as sick days, paid vacations That point when profits and expenses are equal. and bonuses for achieving certain goals. Building Alteration Goodwill Remodeling. This often requires local permits and inspections. Be A business term representing the total amount of clientele. Often sure to check with local authorities before undertaking a salon used as a factor for determining the sale price of a salon. remodel. Gross income Business Cards Income before expenses. A small card printed with one's name, professional occupation, Gross margin company position, business address, etc. The amount of profit beyond the expense of the product. Business interruption insurance Hair braiding Buying motives The weaving or interweaving of natural human hair for Reasons people buy. Effective sales requires you understand compensation without cutting, coloring, permanent waving, people’s needs and wants in order to effectively sell them products relaxing, removing, or chemical treatment and does not include the and services. useofhairextensionsorwefts. Capital assets Hair wrapping Major items owned. Could include salon chairs and equipment. The wrapping of manufactured materials around a strand or strands Classified advertising of human hair, for compensation, without cutting, coloring, Typically, newspaper advertising by a particular category such as permanent waving, relaxing, removing, weaving, chemically treating, “services”. braiding, using hair extensions, or performing any other service Close a sale defined as cosmetology. To finalize or come to an agreement that a client will make a Income tax purchase of a product or service. Monies paid on income earned. Note: Florida does not have a State personal income tax. There is however, a corporate income tax. Commission Installment plan A percentage paid for services rendered or products sold. A method of payment where the payments are spread out over a Consumption supplies period of time. Typically, payments are monthly and usually include Those supplies used in the process of rendering a service. Note: an interest charge. Consumption supplies are treated differently for tax purposes so Insurance proper recordkeeping is essential. Promise of reimbursement in the case of loss; paid to people or Co-operative advertising companies so concerned about hazards that they have made Advertising where someone else (often a product manufacturer) prepayments to an insurance company. 53 of 66 pays for a portion of your advertising costs. Interest expense A cost for borrowing money. Renting a chair/booth Inventory Operating as an independent contractor who pays rent to the owner Supplies on-hand. This would include both retail and consumption of the salon for the use of the chair/booth. The independent supplies. contractor is responsible for their own taxes and recordkeeping and Inventory turnover receives no wage or salary from the owner. Pertains to the amount of times per year a product is sold. It is a Retail supplies measure of how well the product is received by the clients. Supplies which are purchased exclusively for resale to clients. Investment capital Retained earnings Money used for investment in the business. Money which remains in the business account for future investment. Lease Sales tax A contract to rent a place or thing. A state & (sometimes county) tax levied on the sale of products. Liabilities Currently, services in the salon are not subject to sales tax. Itemsonwhichyoustillowemoney. Shampooing means the washing of the hair with soap and water or Low traffic area with a special preparation, or applying hair tonics. A business location not frequented by very much people traffic. Skin care services Malpractice insurance Means the treatment of the skin of the body, other than the head, An insurance which protects you against accidents that occur while face, and scalp, by the use of a sponge, brush, cloth, or similar treating a client. device to apply or remove a chemical preparation or other Marketing substance, except that chemical peels may be removed by peeling Anything you do to favorably promote your business. an applied preparation from the skin by hand. Skin care services Markup must be performed by a licensed cosmetologist or facial specialist The difference between the sale price of an item and its actual cost. within a licensed cosmetology or specialty salon, and such services Middleman may not involve massage, as defined in s. 480.033(3), through An agent acting as a salesperson between the manufacturer and the manipulation of the superficial tissue. end user. Social Security Misrepresentation A federal tax designed to provide for retirement. It is the Falsifying the truth about a product or service. responsibility of both the employer and the employee to pay this Mortgage tax. Aloanonrealestate. Specialist MSDS Any person holding a specialty registration in one or more of the Material Safety Data Sheets which list the warnings and cautions for specialties registered under Florida cosmetology laws. potentially dangerous products. Specialty Net profit Means the practice of one or more of the following: Profit after all expenses have been paid. (a) Manicuring, or the cutting, polishing, tinting, coloring, cleansing, Net worth adding, or extending of the nails, and massaging of the hands. This The financial worth of an individual or business after all liabilities term includes any procedure or process for the affixing of artificial have been subtracted from the assets. nails, except those nails which may be applied solely by use of a O.S.H.A. simple adhesive. Occupational Safety & Health Association regulates safety in the (b) Pedicuring, or the shaping, polishing, tinting, or cleansing of the workplace. nails of the feet, and massaging or beautifying of the feet. Objections (buying objections) (c) Facials, or the massaging or treating of the face or scalp with oils, Reasons consumers give for not wanting to buy a product or service. creams, lotions, or other preparations, and skin care services. Overhead Specialty salon Business related expenses. Would include but not limited to heat, Any place of business wherein the practice of one or all of the light, rent, phone, insurance advertising etc. specialties as defined in subsection (6) are engaged in or carried on. Overselling Target market Pushing too hard to sell a product which someone may not need or Represents the type of customers you hope to attract to your salon. want. Men, women, children, white collar, upper income etc. Payroll burden Telemarketing The anticipated cost of the current payroll. Using the telephone to promote your business. Petty cash Unemployment insurance Cash kept on-hand for small unexpected purchases. Intended to provide income for employees during times of layoff. Photography studio salon Utility expense Means an establishment where the hair-arranging services and the Business expenses related to heating, cooling, electric, water and application of cosmetic products are performed solely for the sewer. purpose of preparing the model or client for the photographic Withholding taxes session without shampooing, cutting, coloring, permanent waving, Taxes subtracted from an employee’s gross pay and deposited with relaxing, or removing of hair or performing any other service defined the appropriate agency for payment. as cosmetology. Law Pilferage It is critical that a Salon operate in not only a safe and sanitary Stealing. Often a major expense when proper business practices are manner but also it must operate according to the laws which not followed. regulate it. An awareness and understanding of these laws is Premises liability insurance required for successful salon operation. Insurance which covers you for accidents that may occur on your property. The following sections are from the State Statute, chapter 477 which Product Sales Commission regulates Cosmetology in Florida. A percentage of the sale price paid to the person selling the product. Profit-and-loss statement 477.0263 Cosmetology services to be performed in licensed Used in accounting to show all income and expense sources and salon; exception. whether or not a profit or loss was generated. (1) Cosmetology services shall be performed only by licensed Promissory note cosmetologists in licensed salons, except as otherwise provided in A written agreement whereby you promise to pay a given amount of this section. money within a certain time-frame. (2) Pursuant to rules established by the board, cosmetology Proprietor 54 of 66 services may be performed by a licensed cosmetologist in a location The owner of a business. other than a licensed salon, including, but not limited to, a nursing (d) Placement on probation for a period of time and subject to home, hospital, or residence, when a client for reasons of ill health is such reasonable conditions as the board may specify. unable to go to a licensed salon. Arrangements for the performance (e) Refusal to certify to the department an applicant for licensure. of such cosmetology services in a location other than a licensed Florida Cosmetology Board Rules salon shall be made only through a licensed salon. This section deals with Rules developed by the Cosmetology Board. (3) Any person who holds a valid cosmetology license in any state For clarification, rules, although they must be followed, are not laws. or who is authorized to practice cosmetology in any country, Laws are enacted by the Legislature whereas Rules are developed by territory, or jurisdiction of the United States may perform the Board as a further clarification of the law. cosmetology services in a location other than a licensed salon when 61G5-18.00015 Cosmetologist and Compensation Defined such services are performed in connection with the motion picture, A cosmetologist is a person who is licensed to perform the fashion photography, theatrical, or television industry; a mechanical or chemical treatment of the head, face, and scalp for photography studio salon; a manufacturer trade show aesthetic rather than medical purposes, including, but not limited to, demonstration; or an educational seminar. hair shampooing, hair cutting, hair arranging, hair braiding, hair coloring, permanent waving, and hair relaxing, for compensation. A 477.0265 Prohibited acts. cosmetologist may also perform non-invasive hair removals, (1) It is unlawful for any person to: including wax treatments but not including electrolysis as that term (a) Engage in the practice of cosmetology or a specialty without an is defined in Chapter 478, F.S., manicures, pedicures, and skin care active license as a cosmetologist or registration as a specialist issued services. For the purposes of this act “compensation” is defined as by the department pursuant to the provisions of this chapter. the payment of money or its equivalent, the receipt or delivery of (b) Own, operate, maintain, open, establish, conduct, or have property, or the performance of a service, or the receipt or delivery charge of, either alone or with another person or persons, a of anything of value in exchange for cosmetology services. For the cosmetology salon or specialty salon: purposes of this act “medical purposes” is defined as any form of 1. Which is not licensed under the provisions of this chapter; or bodily intrusion into the orifices, skin, muscles, or any other tissues 2. In which a person not licensed or registered as a cosmetologist of the body. or a specialist is permitted to perform cosmetology services or any Salon (61G5-20.001) specialty. 61G5-20.001 Salon Defined. (c) Engage in willful or repeated violations of this chapter or of any Salon means any establishment or place of business wherein rule adopted by the board. cosmetology as defined in Section 477.013(4), F.S., or any specialty (d) Permit an employed person to engage in the practice of as defined in Section 477.013(6), F.S., is practiced for compensation, cosmetology or of a specialty unless such person holds a valid, active however this does not prevent the practice of cosmetology in a license as a cosmetologist or registration as a specialist. licensed barbershop, or the practice of barbering in a licensed (e) Obtain or attempt to obtain a license or registration for money, cosmetology salon, provided the salon employs a licensed other than the required fee, or any other thing of value or by cosmetologist. Except as provided in Rule 61G5-20.010, F.A.C., a fraudulent misrepresentations. salonmustbeatafixedlocation. (f) Use or attempt to use a license to practice cosmetology or a Florida Rule re: Salon Ownership registration to practice a specialty, which license or registration is 61G5-20.001 Salon Defined. suspended or revoked. Salon means any establishment or place of business wherein (g) Advertise or imply that skin care services or body wrapping, as cosmetology as defined in Section 477.013(4), F.S., or any specialty performed under this chapter, have any relationship to the practice as defined in Section 477.013(6), F.S., is practiced for compensation, of massage therapy as defined in s. 480.033(3), except those however this does not prevent the practice of cosmetology in a practices or activities defined in s. 477.013. licensed barbershop, or the practice of barbering in a licensed (h) In the practice of cosmetology, use or possess a cosmetic cosmetology salon, provided the salon employs a licensed product containing a liquid nail monomer containing any trace of cosmetologist. Except as provided in Rule 61G5-20.010, F.A.C., a methyl methacrylate (MMA). salonmustbeatafixedlocation. (2) Any person who violates any provision of this section commits a 61G5-20.0015 Performance of Cosmetology or Specialty Services misdemeanor of the second degree, punishable as provided in s. Outside a Licensed Salon. 775.082 or s. 775.083. (1) Cosmetology or specialty services may be performed by a 477.029 Penalty. licensed cosmetologist or specialist in a location other than a (1) It is unlawful for any person to: licensed salon, including a hospital, nursing home, residence, or (a) Hold himself or herself out as a cosmetologist, specialist, hair similar facility, when a client for reasons of ill health is unable to go wrapper, hair braider, or body wrapper unless duly licensed or to a licensed salon. The following procedure shall be followed: registered, or otherwise authorized, as provided in this chapter. (a) Arrangements shall be made through a licensed salon. (b) Operate any cosmetology salon unless it has been duly licensed (b) Information as to the name of the client and the address at as provided in this chapter. which the services are to be performed shall be recorded in the (c) Permit an employed person to practice cosmetology or a appointment book. specialty unless duly licensed or registered, or otherwise authorized, (c) The appointment book shall remain at the salon and be made as provided in this chapter. available upon request to any investigator or inspector of the (d) Present as his or her own the license of another. Department. (e) Give false or forged evidence to the department in obtaining (2) When cosmetology or specialty services are performed in a any license provided for in this chapter. location other than a licensed salon, such services may lawfully be (f) Impersonate any other license holder of like or different name. performed only upon clients, residents, or patients, who for reasons (g) Use or attempt to use a license that has been revoked. of ill health are unable to visit a licensed salon. Such services are not (h) Violate any provision of s. 455.227(1), s. 477.0265, or s. to be performed upon employees or persons who do not reside in 477.028. the facility, or any other non-qualified persons. (i) Violate or refuse to comply with any provision of this chapter or (3) Cosmetology services may only be performed in a photography chapter 455 or a rule or final order of the board or the department. studio salon subject to the following requirements: (2) Any person who violates the provisions of this section shall be (a) Only hair-arranging services and the application of cosmetic subject to one or more of the following penalties, as determined by products may be performed in a photography studio salon; and, may the board: only be performed for the purpose of preparing a model or client of (a) Revocation or suspension of any license or registration issued the photography studio for a photographic session. Shampooing the pursuant to this chapter. hair, hair cutting, hair coloring, permanent waving of the hair, hair (b) Issuance of a reprimand or censure. relaxing, removing of hair, manicuring, pedicuring, and the (c) Imposition of an administrative fine not to exceed $500 for performance of any other service defined as cosmetology may not each count or separate offense. 55 of 66 be performed in a photography studio salon. (b) All hair-arranging services and applications of cosmetic products sanitary towel or neck strip shall be placed around the patron’s neck to be performed in the photography studio salon shall be performed to avoid direct contact of the shampoo cape with a patron’s skin. by a licensed Florida cosmetologist or under the supervision of a (b) Containers: Salons must use containers for waving lotions and licensed cosmetologist employed by the salon. “Under the other preparations of such type as will prevent contamination of the supervision of a licensed cosmetologist” shall mean that an unused portion. All creams shall be removed from containers by individual who then holds a current, active Florida license as a spatulas. cosmetologist shall be physically present at the photography studio (c) Sterilization and Disinfection: The use of a brush, comb or other salon at all times when hair-arranging services or applications of article on more than one patron without being disinfected is cosmetic products are being performed. prohibited. Each salon is required to have sufficient combs, brushes, (c) When performing hair-arranging services, the photography and implements to allow for adequate disinfecting practices. Combs studio salon shall use either disposable hair-arranging implements or or other instruments shall not be carried in pockets. shall use a wet or dry sanitizing system approved by the federal (d) Sanitizers: All salons shall be equipped with and utilize wet Environmental Protection Agency. sanitizers with hospital level disinfectant or EPA approved 61G5-20.00175 Fashion Photography. disinfectant, sufficient to allow for disinfecting practices. For purposes of Section 477.0263(3), F.S., fashion photography is 1. A wet sanitizer is any receptacle containing a disinfectant solution hereby defined to mean the photographing of one or more human and large enough to allow for a complete immersion of the articles. subjects or professional models for commercial purposes where the A cover shall be provided. subject or model receives remuneration, compensation or wages for 2. Disinfecting methods which are effective and approved for salons: being photographed. Fashion photography shall not include First, clean articles with soap and water, completely immerse in a instances in which the subject pays a photographer a fee to be chemical solution that is hospital level or EPA approved disinfectant photographed or instances in which the photographs are made for as follows: the personal use and enjoyment of the subject rather than for a. Combs and brushes, remove hair first and immerse in hospital commercial purposes. level or EPA approved disinfectant; 61G5-20.002 Salon Requirements. b. Metallic instrument, immerse in hospital level for EPA approved (1) Prior to opening a salon, the owner shall: disinfectant; (a) Submit an application on forms prescribed by the Department of c. Instruments with cutting edge, wipe with a hospital level or EPA Business and Professional Regulation; and approved disinfectant; or (b) Pay the required registration fee as outlined in the fee schedule d. Implements may be immersed in a hospital level or EPA approved in Rule 61G5-24.005, F.A.C.; and disinfectant solution. (c) Meet the safety and sanitary requirements as listed below and 3. For purposes of this rule, a “hospital level disinfectant or EPA these requirements shall continue in full force and effect for the life approved disinfectant” shall mean the following: of the salon: a. For all combs, brushes, metallic instruments, instruments with a 1. Ventilation and Cleanliness: Each salon shall be kept well cutting edge, and implements that have not come into contact with ventilated. The walls, ceilings, furniture and equipment shall be kept blood or body fluids, a disinfectant that indicates on its label that it clean and free from dust. Hair must not be allowed to accumulate has been registered with the EPA as a hospital grade bacterial, on the floor of the salon. Hair must be deposited in a closed virucidal and fungicidal disinfectant; container. Each salon which provides services for the extending or b. For all combs, brushes, metallic instruments with a cutting edge, sculpturing of nails shall provide such services in a separate area and implements that have come into contact with blood or body which is adequately ventilated for the safe dispersion of all fumes fluids, a disinfectant that indicates on its label that it has been resulting from the services. registered with the EPA as a tuberculocidal disinfectant, in 2. Toilet and Lavatory Facilities: Each salon shall provide – on the accordance with 29 C.F.R. 1910.1030. premises or in the same building as, and within 300 feet of, the salon 4. All disinfectants shall be mixed and used according to the – adequate toilet and lavatory facilities. To be adequate, such manufacturer’s directions. facilities shall have at least one toilet and one sink with running (e) After cleaning and disinfecting, articles shall be stored in a clean, water. Such facilities shall be equipped with toilet tissue, soap closed cabinet or container until used. Undisinfected articles such as dispenser with soap or other hand cleaning material, sanitary towels pens, pencils, money, paper, mail, etc., shall not be kept in the same or other hand-drying device such as a wall-mounted electric blow container or cabinet. For the purpose of recharging, rechargeable dryer, and waste receptacle. Such facilities and all of the foregoing clippers may be stored in an area other than in a closed cabinet or fixtures and components shall be kept clean, in good repair, well- container, provided such area is clean and provided the cutting lighted, and adequately ventilated to remove objectionable odors. edges of such clippers have been disinfected. 3. A salon, or specialty salon may be located at a place of residence. (f) Ultra Violet Irradiation may be used to store articles and Salon facilities must be separated from the living quarters by a instruments after they have been cleansed and disinfected. permanent wall construction. A separate entrance shall be provided (g) Pedicure Equipment Sterilization and Disinfection: to allow entry to the salon other than from the living quarters. Toilet The following cleaning and disinfection procedures must be used for and lavatory facilities shall comply with subparagraph (c)2. above any pedicure equipment that holds water, including sinks, bowls, and shall have an entrance from the salon other than the living basins, pipe-less spas, and whirlpool spas: quarters. 1. After each client, all pedicure units must be cleaned with a low- 4. Animals: No animals or pets shall be allowed in a salon, with the foaming soap or detergent with water to remove all visible debris, exception of fish kept in closed aquariums, or trained animals to then disinfected with an EPA registered hospital grade bactericidal, assist the hearing impaired, visually impaired, or the physically fungicidal, virucidal, and pseudomonacidal disinfectant used disabled. according to manufacturer’s instructions for at least ten (10) 5. Shampoo Bowls: Each salon shall have shampoo bowls equipped minutes. If the pipe-free foot spa has a foot plate, it should be with hot and cold running water. The shampoo bowls shall be removed and the area beneath it cleaned, rinsed, and wiped dry. located in the area where cosmetology services are being 2. At the end of each day of use, the following procedures shall be performed. A specialty salon that exclusively provides specialty used: services, as defined in Section 477.013(6), F.S., need not have a a. All filter screens in whirlpool pedicure spas or basins for all types shampoo bowl, but must have a sink or lavatory equipped with hot of foot spas must be sanitized. All visible debris in the screen and the and cold running water on the premises of the salon. inlet must be removed and cleaned with a low-foaming soap or (d) Comply with all local building and fire codes. These requirements detergent and water. For pipe-free systems, the jet components or shall continue in full force and effect for the life of the salon. foot plate must be removed and cleaned and any debris removed. (2) Each salon shall comply with the following: The screen, jet, or foot plate must be completely immersed in an (a) Linens: Each salon shall keep clean linens in a closed, dustproof EPA registered, hospital grade bactericidal, fungicidal, virucidal, and cabinet. All soiled linens must be kept in a closed receptacle. Soiled pseudomonacidal disinfectant that is used according to linens may be kept in open containers if entirely separated from the manufacturer’s instructions. The screen, jet, or foot plate must be 56 of 66 area in which cosmetology services are rendered to the public. A replaced after disinfection is completed and the system is flushed with warm water and low-foaming soap for 5 minutes, rinsed, and of this notice (revised 10/15/07, and incorporated herein by drained. reference) may be obtained from the Department of Business and b. After the above procedures are completed, the basin should be Professional Regulation at 1940 North Monroe St., Tallahassee, FL filled with clean water and the correct amount of EPA registered 32399-0783, and the Call Center by calling (850)487-1395. disinfectant. The solution must be circulated through foot spa 61G5-20.005 Salon License Renewal. system for 10 minutes and the unit then turned off. The solution All salon licenses shall be renewed on or before November 30 of should remain in the basin for at least 6 to 10 hours. Before using each biennial (even-numbered) year, by meeting all the current the equipment again, the basin system must be drained and flushed requirements for salon licensure as expressed in Rule Chapter 61G5- with clean water. 20, F.A.C., and by paying the renewal fee specified in Rule 61G5- 3. Once each week, subsequent to completing the required end-of- 24.009, F.A.C. A salon license is delinquent if not renewed by the day cleaning procedures, the basin must be filled with a solution of November 30 renewal date. To renew a delinquent license, a water containing one teaspoon of 5.25% bleach for each gallon of licensee shall pay delinquent fee as outlined in Rule 61G5-24.009, water. The solution must be circulated through the spa system for 5 F.A.C. (in addition to the biennial renewal fee). A delinquent salon to 10 minutes and then the solution must sit in the basin for at least license shall expire at the end of the biennium in which it becomes 6 hours. Before use, the system must be drained and flushed. delinquent. After a salon license has expired at the end of the 4. A record or log book containing the dates and times of all biennium, a new salon license application, the delinquent fee as pedicure cleaning and disinfection procedures must be documented outlined in Rule 61G5-24.009, F.A.C., and all fees as outlined in Rule and kept in the pedicure area by the salon and made available for 61G5-24.005, F.A.C., must be filed with the Board. Until such new review upon request by a consumer or a Department inspector. license is issued for and received by the salon, all cosmetology and (3) No cosmetology or specialty salon shall be operated in the same specialty services shall cease. licensed space allocation with any other business which adversely affects the sanitation of the salon, or in the same licensed space 61G5-20.006 Transfer of Ownership or Location of a Salon. allocation with a school teaching cosmetology or a specialty licensed No salon license may be transferred from the name of one licensee under Chapter 477, F.S., or in any other location, space, or to another. A salon license may be transferred from one location to environment which adversely affects the sanitation of the salon. In another only by filing a new application and fee and obtaining order to control the required space and maintain proper sanitation, departmental approval, pursuant to the requirements of Rule 61G5- where a salon adjoins such other business or school, or such other 20.002, F.A.C., prior to transferring the license. location, space or environment, there must be permanent walls 61G5-20.007 Communicable Disease. separating the salon from the other business, school, location, (1) No person engaged in the practice of cosmetology or a specialty space, or environment and there must be separate and distinctly in a salon shall proceed with any service to a person having a visible marked entrances for each. disease, pediculosis, or open sores suggesting a communicable (4) Evidence that the full salon contains a minimum of 200 square disease, until such person furnishes a statement signed by a feet of floor space. No more than two (2) cosmetologists or physician licensed to practice in the State of Florida stating that the specialists may be employed in a salon which has only the minimum disease or condition is not in an infectious, contagious or floor space. communicable stage. (5) A specialty salon offering only one of the regulated specialties (2) No cosmetologist or person registered to practice any specialty in shall evidence a minimum of 100 square feet used in the Florida, who has a visible disease, pediculosis, or open sores performance of the specialty service and shall meet all the sanitation suggesting a communicable disease, shall engage in the practice of requirements stated in this section. No more than one specialist or cosmetology or any specialty, until such cosmetologist or registrant cosmetologist may be employed in a specialty salon with only the obtains a statement signed by a physician licensed to practice in the minimum floor space. An additional 50 square feet will be required State of Florida stating that the disease or condition is not in an for each additional specialist or cosmetologist employed. infectious, contagious, or communicable stage. (6) For purposes of this rule, “permanent wall” means a vertical continuous structure of wood, plaster, masonry, or other similar 61G5-20.008 Employment of Applicants for Licensure as a building material, which is physically connected to a salon’s floor Cosmetologist Prior to Licensure; Employment of Applicants for and ceiling, and which serves to delineate and protect the salon. Registration as a Specialist Prior to Registration. 61G5-20.003 Inspections. (1) Holders of a cosmetology salon license who wish to permit an The Department of Business and Professional Regulation shall cause applicant for licensure as a cosmetologist by examination to perform an inspection of all proposed salons to determine if all the cosmetology services in their salon pursuant to Rule 61G5-18.0055, requirements have been met. Each licensed salon shall be inspected F.A.C., shall: at least biennially by the Department. No person shall, for any (a) Prior to permitting an applicant to perform cosmetology services reason intentionally, or directly inhibit an authorized representative in their salon, obtain from the applicant a copy of the completed of the Department from performing said inspections. application for licensure by examination submitted to the 61G5-20.004 Display of Documents. Department by the applicant, and a copy of the notification by the (1) All holders of a cosmetology or specialty salon license shall Department to the applicant that he or she has been scheduled to display within their salons in a conspicuous place which is clearly take the licensure examination. The cosmetology salon license visible to the general public upon entering the salon the following holder shall not permit an applicant to practice cosmetology or documents: perform cosmetology services in the salon until after the date of the (a) The current salon license, licensure examination as indicated on the notification from the (b) A legible copy of the most recent inspection sheet for the salon. Department. (2) All holders of a cosmetology or specialty salon license shall (b) Upon learning or in any way becoming aware that an applicant require and ensure that all individuals engaged in the practice of who is performing cosmetology services in their salon pursuant to cosmetology, any specialty, hair braiding, hair wrapping, or body Rule 61G5-18.0055, F.A.C., has either failed to take the first licensure wrapping display at the individual’s work station their current examination as scheduled by the Department, or has failed to license or registration at all times when the individual is performing achieve a passing grade on the first licensure examination taken by cosmetology, specialty, hair braiding, hair wrapping, or body the applicant, immediately cease to permit the applicant to further wrapping services. The license or registration on display shall be the perform cosmetology services until the applicant provides to the original certificate or a duplicate issued by the Department and shall cosmetology salon license holder a copy of the completed have attached a 2'' by 2'' photograph taken within the previous two application for reexamination submitted to the Department by the years of the individual whose name appears on the certificate. The applicant for the next available licensure examination immediately certificate with photograph attached shall be permanently following the licensure examination which the applicant failed to laminated as of July 1, 2007. take or pass. (3) By July 1, 2008, all holders of a cosmetology or specialty salon (c) Upon learning or in any way becoming aware that an applicant license shall display at each footbath a copy of the Consumer who is performing cosmetology services in their salon pursuant to Protection Notice regarding footbaths, sanitation, and safety. Copies Rule 61G5-18.0055, F.A.C., has either failed to take the next available licensure examination immediately following the licensure personnel. The salon’s telephone number shall be included on the examination which the applicant failed to pass, immediately cease mobile salon’s application for licensure and shall also be listed on to permit the applicant to further perform cosmetology services the mobile salon’s monthly itinerary required in paragraph (a) of this until the applicant provides to the cosmetology salon license holder subsection. proof of having been issued a cosmetology license by the (e) Each salon shall be operated only at the times and places Department. specified in its monthly itinerary. (d) Ensure that all cosmetology services performed by the applicant (f) Each mobile salon license holder shall maintain a permanent in the salon are performed in accordance with the conditions as set business address in the inspection area of the local district office at forth in Rule 61G5-18.0055, F.A.C. which records of appointments, itineraries, license numbers of (e) Display in a conspicuous place at the cosmetology salon location employees, and vehicle identification numbers of the license in which the applicant performs cosmetology services under Rule holder’s mobile salon shall be kept and made available for 61G5-18.0055 a copy of the completed application for licensure by verification purposes by Department personnel, and at which examination submitted to the Department by the applicant, and a correspondence from the Department can be received. Post Office copy of the completed application for reexamination submitted to box or private mail box addresses may not be used for these the Department by the applicant if such reexamination is required purposes. under Rule 61G5-18.0055, F.A.C. (4) Due to the inherent problems of providing water and sewage (2) Holders of a cosmetology or specialty salon license who wish to service to mobile salons, the following requirements shall apply: permit an applicant for registration as a specialist to perform (a) Each mobile salon shall be equipped with a functional restroom specialty services in their salon pursuant to Rule 61G5-29.004, which includes a self-contained, flush chemical toilet with a holding F.A.C., or who wish to permit applicants for registration as a hair tank. The restroom, shall also be in substantial compliance with the braider or hair wrapper to perform hair braiding or hair wrapping toilet and lavatory requirements specified in Rule 61G5-20.002, services in their salon pursuant to Rule 61G5-31.006, shall: F.A.C. (a) prior to permitting an applicant to perform any specialty services (b) Each mobile salon shall have storage capacity for at least 35 or hair braiding or hair wrapping services in their salon, obtain from gallons of clean water for each cosmetologist working in the mobile the applicant a copy of the completed application for registration salon and a total storage capacity for waste water equal to or submitted to the Department by the applicant; greater than the mobile salon’s total capacity for clean water. (b) upon learning or in any way becoming aware that an applicant (c) Operation of a mobile salon shall promptly cease: who is performing specialty services in their salon pursuant to Rule 1. When the mobile salon’s clean water supply is depleted or so 61G5-29.004, F.A.C., or performing hair braiding or hair wrapping diminished that further cosmetology service cannot be completed; services in their salon pursuant to Rule 61G5-31.006, F.A.C., has 2. When the mobile salon’s waste water storage capacity if reached; been notified that his or her application is incomplete, or has been 3. When the mobile salon’s restroom is in need of servicing. determined by the Board to be not qualified for registration as a (d) No mobile salon shall operate or resume operation unless it has a specialist, shall immediately cease to permit the applicant to further sufficient amount of clean water as well as waste water capacity perform specialty services; necessary for completing all cosmetology services undertaken and (c) ensure that all specialty services performed by the applicant in its restroom is functional. the salon are performed in accordance with the conditions as set (e) In disposing of sewage and waste water, each mobile salon shall forth in Rule 61G5-29.004, F.A.C., and all other applicable laws and comply with applicable state and local environmental and sanitation Rules of the Board; regulations. (d) ensure that all hair braiding and hair wrapping services (5) No cosmetology services shall be performed and no patrons shall performed by the applicant in the salon are performed in remain within a mobile salon while it is in motion. accordance with all applicable laws and Rules of the Board; (6) Applicants for licensure of a mobile salon shall be subject to and (e) display in a conspicuous place at the cosmetology or specialty shall pay the same fees which licensed salons at fixed locations are salon location in which the applicant performs specialty services subject to. pursuant to Rule 61G5-29.004, F.A.C., or hair braiding or hair wrapping services pursuant to Rule 61G5-31.006, a copy of the Sections that follow, outline and describe many of the critical completed application for registration as a specialist or application components of good business practice. The further explain business for registration as a hair braider or hair wrapper submitted to the concepts and provide suggestions and examples intended to clarify Department by the applicant. some of the mystery surrounding business ownership. 61G5-20.010 Mobile Salons. Types of Business Entities (1) The operation of all mobile cosmetology salons shall meet and at Corporation all times remain in compliance with all local laws and ordinances In forming a corporation, prospective shareholders exchange regulating business establishments in all areas in which the mobile money, property, or both, for the corporation's capital stock. A salon operates, with all applicable requirements of the Americans corporation generally takes the same deductions as a sole with Disabilities Act relating to accommodations for persons with proprietorship to figure its taxable income. A corporation can also disabilities, and with all applicable OSHA requirements. take special deductions. For federal income tax purposes, a C (2) Each mobile salon shall meet and at all times remain in corporation is recognized as a separate taxpaying entity. A compliance with the requirements of this rule, all licensure and corporation conducts business, realizes net income or loss, pays operating requirements specified in Chapters 455 and 477, F.S., and taxes and distributes profits to shareholders. all other rules of the Board and the Department which apply to The profit of a corporation is taxed to the corporation when earned, cosmetology salons at fixed locations except to the extent those and then is taxed to the shareholders when distributed as dividends. rules of the Board conflict with this rule. This creates a double tax. The corporation does not get a tax (3) To facilitate inspections by the Department: deduction when it distributes dividends to shareholders. (a) Prior to the beginning of each month, each mobile salon license Shareholders cannot deduct any loss of the corporation. holder shall file with the Board a written monthly itinerary which S- Corporation lists the locations where and the dates and hours when the mobile S corporations are corporations that elect to pass corporate income, salon will be operating. losses, deductions and credit through to their shareholders for (b) The salon name and salon license number shall be in lettering at federal tax purposes. Shareholders of S corporations report the least five inches in height and shall be visibly displayed and clearly flow-through of income and losses on their personal tax returns and legible on at least two exteriors sides of each mobile salon. are assessed tax at their individual income tax rates. This allows S (c) If a mobile salon is in a motor vehicle, the vehicle’s identifications corporations to avoid double taxation on the corporate income. S number shall be included on the mobile salon’s application for corporations are responsible for tax on certain built-in gains and licensure and shall also be listed on the mobile salon’s monthly passive income. itinerary required in paragraph (a) of this subsection. To qualify for S corporation status, the corporation must meet the (d) Each mobile salon shall have a telephone or other means of following requirements: telecommunication by which it can be contacted by the Department 1. Be a domestic corporation Unemployment Compensation (also called unemployment 2. Have only allowable shareholders insurance) provides temporary wage replacement benefits to a. including individuals, certain trust, and estates and qualified individuals who are out of work through no fault of their b. may not include partnerships, corporations or non-resident own. alien shareholders Workers’ Compensation Workers' compensation (known as workers' comp) is a form of 3. Have no more than 100 shareholders insurance that provides compensation medical care for employees 4. Have one class of stock who are injured in the course of employment, in exchange for 5. Not be an ineligible corporation i.e. certain financial mandatory relinquishment of the employee's right to sue his institutions, insurance companies, and domestic international employer. sales corporations. FICA/ Limited Liability Company The federal law which requires employers to withhold a portion of A Limited Liability Company (LLC) is a business structure allowed by employee wages and pay them to the government trust fund which state statute. LLCs are popular because, similar to a corporation, provides retirement benefits. An acronym for Federal Insurance owners have limited personal liability for the debts and actions of Contributions Act. More commonly known as social security. the LLC. Other features of LLCs are more like a partnership, Read more: providing management flexibility and the benefit of pass-through http://www.investorwords.com/1930/FICA.html#ixzz1NwdqVYhp taxation. Medicare Owners of an LLC are called members. Since most states do not A federal system of health insurance for people over 65 years of age restrict ownership, members may include individuals, corporations, and for certain younger people with disabilities. other LLCs and foreign entities. There is no maximum number of FUTA members. Most states also permit “single member” LLCs, those The Federal Unemployment Tax Act (or FUTA, ) is a United States having only one owner. federal law that imposes a federal employer tax used to fund state A few types of businesses generally cannot be LLCs, such as banks workforce agencies. Employers report this tax by filing an annual and insurance companies. Check your state’s requirements and the Form 940 with the Internal Revenue Service. federal tax regulations for further information. There are special Income Tax rules for foreign LLCs. A tax levied directly on personal income. This is a federal tax. Classifications Currently Florida does not have an individual income tax. However, The federal government does not recognize an LLC as a classification thereisaCorporateincometax. for federal tax purposes. An LLC business entity must file as a Sales Tax corporation, partnership or sole proprietorship tax return. There is no sales tax on salon services. There is however, a sales tax An LLC that is not automatically classified as a corporation can file on retail products sold. Form 8832 to elect their business entity classification. A business Each sale, admission charge, storage, or rental is taxable unless the with at least 2 members can choose to be classified as an association transaction is exempt. Sales tax is added to the price of the taxable taxable as a corporation or a partnership, and a business entity with goods or service and collected from the purchaser at the time of a single member can choose to be classified as either an association sale. Florida's general sales tax rate is 6 percent. Most Florida taxable as a corporation or disregarded as an entity separate from counties have a discretionary sales surtax (county tax) that applies its owner, a “disregarded entity.” Form 8832 is also filed to change to most transactions subject to the sales or use tax. the LLC’s classification. Use Tax Effective Date of Election Usetaxisdueontheuseorconsumptionoftaxablegoodsor The election to be taxed as the new entity will be in effect on the services when sales tax was not paid at the time of purchase. For date the LLC enters on line 8 of Form 8832. However, if the LLC does example: not enter a date, the election will be in effect as of the form’s filing 1. If you buy a taxable item in Florida and didn't pay sales tax, you date. The election cannot take place more than 75 days prior to the owe use tax. date that the LLC files Form 8832 and the LLC cannot make the 2. If you buy an item tax-exempt intending to resell it and then electioneffectiveforadatethatismorethan12monthsafteritfiles use the item in your business or for personal use, you owe use Form 8832. However, if the election is the “initial classification tax. election,” and not a request to change the entity classification, there is relief available for a late election (more than 75 days before the 3. If you buy a taxable item outside Florida and bring or have it filing of the Form 8832). delivered into this state and you didn't pay sales tax on the Partnership item,youoweusetax. A partnership is the relationship existing between two or more Hiring/Firing persons who join to carry on a trade or business. Each person Interview Skills contributes money, property, labor or skill, and expects to share in Use these hints as a guide for the interview process. Hiring the right the profits and losses of the business. people is one of the key elements of operating a successful business. A partnership must file an annual information return to report the Mistakes Interviewers Make income, deductions, gains, losses, etc., from its operations, but it 1. Letting time pressure ruin you does not pay income tax. Instead, it "passes through" any profits or 2. Making Snap judgments about people losses to its partners. Each partner includes his or her share of the 3. Beingafraidtoprobe partnership's income or loss on his or her tax return. 4. Making false assumptions Partners are not employees and should not be issued a Form W-2. 5. Failing to listen to yourself The partnership must furnish copies of Schedule K-1 (Form 1065) to 6. Needlessly limiting your view of the interview the partners by the date Form 1065 is required to be filed, including 7. Preparing inadequately extensions. 8. Failing to specify goals If you are a partnership or a partner (individual) in a partnership, use 9. Making destructive seating arrangements the information in the charts below to help you determine some of 10. Misusing the first precious moments the forms that you may be required to file. 11. Fearing the interviewee's silence Sole Proprietorship 12. Underestimating your own silence as an interviewing tool A sole proprietor is someone who owns an unincorporated business 13. Asking stale questions by himself or herself. However, if you are the sole member of a 14. Not following through domestic limited liability company (LLC), you are not a sole 15. Misusing a candidates resume proprietor if you elect to treat the LLC as a corporation. 16. Hiring for yourself alone Taxation 17. Letting stereotypes ruin your people judgments Unemployment 18. Asking questions that are not result oriented 59 of 66 19. Rushing the hiring process 20. Believing that friendship on the job is an unmitigated good 32. Do you have receptionist experience? 21. Ignoring the group interview 33. What type of sales experience do you have? 22. Not realizing what it takes to listen 34. What is your experience with teamwork? 23. Not knowing what to listen for 35. Do you have your own transportation? 24. Failing to listen for meaning and feeling 36. Are you willing to attend ongoing training classes? 25. Failing to take notes 37. Do you speak any other languages? 26. Letting yourself be conned by a professional interviewee 38. How is your attendance? 27. Being buffaloed by the untruthful interviewee 39. What motivates you? 28. Giving in to the charmer 40. What are your future plans? 29. Being victimized by the nonstop talker 41. Would you be willing to lower/raise your prices? 30. Being dazzled or disappointed by the person who over- 42. What is your definition of commitment? prepares 43. How do you feel about booth rent or commission? 31. Being intimidated by the hostile interviewee 44. How well do you value your clientele? 32. Being pressured by a request from a friend 45. What products do you work with best? 33. Being victimized by your own emotions 46. Are you willing to a background and drug test? 34. Being startled by an emotional eruption 47. Would you allow customers to receive services on credit? 35. Dismissing an "unsuitable" job candidate too abruptly 48. Do you have computer skills? 36. Being unprepared for the unexpected 49. How well do you interact with others? 37. Not knowing you don't have to play God 50. What are your weaknesses? 38. Being unable to separate the real from the paper person 51. What clientele do you enjoy the most? 39. Not knowing how you are doing 52. How did you hear about us? Areas of evaluation of a candidate 53. How would you handle a difficult client? 1. Educational background 54. Are you able to work under stress? 2. Work experience Legal/Illegal interview questions 3. Oral communication skills 1. Are you married? (illegal) 4. Impact 2. We offer insurance; is there anyone else that you want to add 5. Motivation and commitment on? (legal) 6. Initiative 3. Is there any person, place, or thing that would prevent or 7. Independence/conflict resolution hinder your ability to perform 100% on the job? (legal) 8. Interest 4. In case of any emergency, who do we contact? (legal) 9. Work standards 5. Do you prefer to be called Ms. Or Mrs.? (legal) Instructor’s Note 6. Do you have children? (illegal) During the interview process it is important to ask performance 7. Could you be on time daily? (legal) based questions. These are questions that require a candidate to 8. Wouldtherebeaproblemwithyoucomingtoworkontime? relate a particular experience as opposed to a simple yes/no answer. (legal) If so, why? (probing) Most performance based questions begin with “tell me about a time 9. How old are you? (illegal) when”. 10. How long have you been in the business? (legal) Example: Tell me about a time when someone was unhappy with 11. How many years of experience can you offer this business their haircut. What did they say and how did you handle it? (legal) As much as possible, avoid questions that can be answered with a 12. Do you hold a valid driver’s license? (legal) yes or no. 13. Did you graduate from high school? (illegal) Possible questions to Ask in an Interview 14. What studies did you enjoy from high school or college” (legal) 1. Are you a stylist or a person to do hair? 15. What were your favorite subjects? (legal) 2. What was your best salon experience? Why? 16. Are you planning to continue your education? (legal) If so, 3. Are you able to do all texture hair. where? (probing) 4. Are you willing to learn? 17. What was the highest grade that you completed? (legal) 5. How did you prepare yourself for the work that you do? 18. Have you ever been arrested? (illegal) 6. Do you have your own materials and supplies? 19. Is there anything that you feel that I should know about you 7. Have you received any awards? that wasn’t asked or required on the application? (legal) 8. Is there an area you would like to train in? 20. Is there anything that you want to tell me about yourself? 9. How do you feel about safety and sanitation laws? (legal) 10. Do you have a valid cosmetology license? 21. Do you have any objections to us inquiring about a background 11. If you could change one thing about your past what and why? check? (legal) (We can ask specifically the nature of the 12. Do you have a clientele? conviction if in regards to our field-barbering/cosmetology) 13. Do you have any health concerns I should know about? 22. How much do you weigh? (illegal) 14. Do you have any technical experience? 23. Do you believe that there would be any physical limitations that 15. Why do you think I should hire you? would prevent you from the physical requirements for this 16. What leadership abilities do you possess? position? (legal) 17. What hours and days are you available? 24. What country are you from? (illegal) 18. Are you willing to accommodate walk-ins? 25. Do you hold a valid driver’s license? (legal) If so, from what 19. Whydidyouchoosethisprofession? state? (probing) 20. How much effort do you put into your work? 26. What is your native language? (illegal) 21. Why have you decided to leave your current employment? 27. Do you understand manufacturer’s directions in English? (legal) 22. What are your strong points? 28. Did you obtain a passport? (legal) If so, from where? (probing) 23. How do you plan to stay abreast of the latest trends? 29. Are you handicapped in anyway? (illegal) 24. How long have you been doing hair? 30. Can you handle standing between 10-12 hours daily? (legal) 25. What part of the industry do you least like? Employee Handbook 26. Do you belong to a hair organization? A properly developed employee handbook sets the standards for the 27. How do you feel about being punctual? successful operation of a salon. It clearly sets the standards for all 28. How do you feel about having off on holidays? employees. 29. Tell me about your previous managers and would they hire you Instructor’s Note back? It is essential that owners also follow the rules as defined by the 30. Are you familiar with ______product line? handbook. Setting the proper example is a crucial quality of a good 31. Do you have a problem servicing the elderly? 60 of 66 leader. Itemstoconsiderincludinginanemployeehandbookcouldinclude It is necessary for owners to do proper research in choosing the following. equipment and products that will be offered for resale. It is just as Instructors Note important that the owner/manager facilitates the training necessary The Small Business Administration offers a free template to assist for the employees to thoroughly understand the products as well as you with developing your handbook. Visit the techniques necessary to sell them to the clients. http://www.sba.gov/content/employee-handbooks A typical markup of a retail product in a salon is 100%. You buy it for Introduction $5.00 and sell it for $10.00. Obviously, this can be a major (A brief description of the items to follow) contributor to your bottom line. It should also be noted that the Employment Status average commission paid to the salespeople in a salon is between Non-Discrimination 10% and 15% with extra incentives for outstanding performance. Dress Code/Uniform requirements Instructor’s Note Personal use of products Owners/Managers, it is very important that you understand Pricing structure for services everyone is not a “natural salesperson”. You must make the time New Employee Orientation and effort to properly train your employees. Regular staff meetings Probationary Period for New Employees outlining product knowledge and sales techniques are strongly Hours recommended. Also, encourage trade-show attendance where Lunch Periods manufacturers present detailed facts regarding proper use of their Break Periods products. Assist your employees with information about personality Personnel Files types and how they relate to buying motives. Client files and records Caution: Remind employees that selling products purely for a Personnel Data Changes “profit” is not considered good business practice. If this is practiced, Inclement Weather/Emergency Closings eventually your clients will feel taken advantage of and it will lead to Performance Review and Planning Sessions decreased sales because of a lack of trust. Outside Employment Managing People Corrective Action Being an owner/manager does not necessarily mean you have the Employment Termination skills to manage your employees. In order to maintain harmony Safety and accident rules within the salon, it is most important that you make the effort to Health Related Issues acquire “people skills”. That may mean reading “management” Funeral leave books and articles. It could also mean taking classes that focus on Jury Leave proper techniques. Military Service Give your employees a chance for feedback at staff meetings and Tuition Assistance listen to what they are saying. Family and Medical Leave Keep in mind, happy employees tend to stay with you for much Employee Requiring Medical Attention longer periods of time. Every time an employee leaves your salon Building Security for another, they take a part of your business with them. Obviously, Insurance on Personal Effects that cuts into your profit margins and needs to be kept to a Supplies; Expenditures; Obligating the Company minimum. Expense Reimbursement Personality types Parking People come in all types and personalities. As a manager, you will Visitors in the Workplace want to be aware of those differences and treat people accordingly. Immigration Law Compliance An introvert is the opposite of an extrovert, yet both can be Standards of Conduct effective and successful employees. Attendance/Punctuality Be cautious in your hiring practices. Remember, you are putting Absence Without Notice together a team. A “know-it-all” might do very well as an individual Harassment, including Sexual Harassment but could have a very negative effect on other employees. This Telephone Use could lead to disgruntled employees who would rather leave than Public Image put up with a difficult person. Substance Abuse Difficult Clients Tobacco Products It goes without saying that some clients can be difficult to deal with. Internet Use Instructor’s Note Wage and Salary Policies The old saying “the customer is always right” really isn’t true. In a Wage or Salary Increases business where product and chemicals are used which could be Timekeeping “bad” for a particular person, caution must be taken to protect Overtime yourself from liability. Paydays When a client “insists” their hair can handle a perm and your Benefits and Services professional experience says otherwise, it is essential that you (in Insurance the nicest way possible) say no. Cobra Benefits A key factor in dealing with a difficult person is the art of listening. Social Security/Medicare Often, they have a very legitimate point. If your first reaction is to Simple IRA “get defensive”, communication will break down and likely lead to a Vacation lost client. Record Keeping Work on developing the art of empathy. Understanding goes a long Holidays way. Employee Communications “People don’t care how much you know unless they know how Staff Meetings much you care”. Bulletin Boards Suggestion Box 1. Admit when you are wrong. Procedure for Handling Complaints 2. Ask what is wrong and how you can make it right with them. Retail Sales 3. If necessary, consult with the manager. Retail sales are a major percentage of salon activities. Not only do 4. Consider consulting with a fellow employee who may have a they produce a profit for the salon and the licensees, they also better understanding of the problem. provide the client with the supplies and equipment they need to 5. Maintain a professional disposition. maintain their hair, skin and nails between visits to the salon. 6. Do not raise your voice. 7. Do not resort to sarcasm. 61 of 66 8. Do not insult the client. Purchasing Salon Equipment Provides income during a time where your salon can not be kept Many things are to be considered in purchasing equipment for your open. This could be due to a fire or even an unplanned road closing salon. Among them are first and foremost, your budget. Keep in which would prevent clients from getting to your location. mind that there are many sources for used equipment that could Health Insurance save you substantial cash. Covers medical costs due to accident or illness. Some of the larger The equipment you ultimately purchase should be in line with your salons are able to offer reduced rates on health insurance to their “target market”. If your salon markets to only women, that should employees. Depending on the size of the salon, group rates can be be reflected in colors and styles. You don’t want massive “barber available which will save individuals money. type” chairs when a more refined style would be much more Rent Calculation appropriate. In most cases, business property rent is expressed in dollars per Many supply houses and equipment manufacturers will offer free square foot annually. Unlike renting an apartment for “x” amount of consultation to assist you not only in the purchase of equipment but dollars per month, business rent is usually different. This provides also salon design and layout. for a more equitable comparison among different properties. Rent Another great source is trade-shows. Often, manufacturers offer is typically higher in the more populated areas or areas with larger substantial discounts at these shows. than usual people traffic. The area or neighborhood is also a Instructors Note consideration. Rent in a high-rise office building would likely be Remember this quote. these 7 little words could save you a great more than a rural store-front. deal of money in purchasing equipment for your salon. To determine your monthly cost for rent use the following formula. “Is that the best you can do?” 1. Rent-per-square-foot Do not be afraid to negotiate. Often at trade shows, there is an 2. Times total square footage advantage to waiting until late in the day of the last day of the show. 3. Divided by 12. It is a great time to do you bargaining because vendors don’t want Example: A 1,000 sq. ft. space in a strip mall is listed at $15.00 per to pack up everything and take it back to their store. sq. ft. Look for value. That is, where price meets quality. Cheapest isn’t $15.00 times 1,000 = $15,000. always the best deal and “top-of-the-line” isn’t always necessary. $15,000 divided by 12 = $1,250.00 per month. HVAC Keep in mind, rent is also negotiable. Remember: “Is that the best Safety and sanitation dictates that the heating, ventilating and air you can do?” conditioning in your salon be properly designed to provide clean and It must also be noted that permanent capital improvements become fresh air for you, your staff and your clients. The primary the property of the landlord and may not be removed upon considerations in designing a system are: termination of the lease. If you spend money installing 1. The cubic footage of the salon workstations, sinks, mirrors or do major upgrades to the lighting and 2. The type of work and services done HVAC, all of those improvements stay with the property. It is 3. The number of people likely to be in the salon at one time possible to negotiate with the landlord for removal of your major 4. The availability of natural ventilation improvements and if that is done, be sure it is clearly defined in your lease agreement. 5. Thefloor-planofthesalonandthelayoutoftherooms Bookkeeping It is strongly recommended that you have a professional HVAC As a business owner you will be required to maintain a variety of service assist you in the design of your system. They have the records. Many of them will be directly related to taxes and the filing knowhow and equipment necessary to provide you with the proper of required forms for State, Federal and sometimes Local air movement and exchange. jurisdictions. Hiring a CPA or bookkeeper can be costly so it is A mistake often made is that people think moving air around is the advisabletolearnanddoasmuchasyoucantomaintainyourown same as ventilation. It is not. Air not only needs to be moved, it also records. needs to be filtered, purified and exchanged with fresh air. All of these things require the proper equipment and the proper balancing and setup of that equipment. Instructor’s Note If you purchase an existing salon, don’t make the assumption that You may consider hiring an account to guide you through the first the HVAC is correctly configured. Have it evaluated. The safety of year of business. After which, you will have hopefully learned all is at stake. enough to take over the duties yourself. Insurances Remember this saying: If you don’t take care of your business, Promise of reimbursement in the case of loss; paid to people or someone else will. companies so concerned about hazards that they have made Items to be considered and recorded could include: prepayments to an insurance company 1. All business related expenses To protect your personal and business assets, it is most important 2. Wages & Withholding that you provide adequate insurance for your business. There are 3. Product purchases many types of insurances available. Ideally, you should work with a a. both consumption and retail “one-stop” agent who can provide you with all of the necessary 4. Sanitation records required by Florida Law products. Some of the various insurances to consider are listed 5. Insurances below with a brief description of their coverage. 6. Workers’ Compensation Fire and EC 7. Unemployment Protects you against loss by fire. EC is “extended coverage” which 8. Sales records provides additional benefits such as loss due to vandalism or theft. 9. Commissions paid Liability 10. Profit and loss statements Protects against loss because of an accident on your premise or 11. Maintenance and service records of equipment caused by you or one of your employees. 12. Depreciation of major equipment and real estate Malpractice 13. Facility improvements Protects in cases of improper use of products or rendering of 14. Licensing costs services. 15. Educational expenses Disability 16. Business travel Can provide income when you are unable to work due to accident or illness. Wages Retirement accounts Ways to be paid Often overlooked by salon workers, provides for an income in the 1. Hourly years after you retire. o A dollar amount paid for each hour worked. Keep in mind Business interruption Florida’s minimum wage law. 62 of 66 2. Commission o A percentage paid based on gross income from services and those goals. It may also contain background information about the products. Average commissions are in the 50% range for organization or team attempting to reach those goals. services and 10% to 15% for product sales. 3. Salary + bonus A good business plan has many elements and is not only useful in o A base weekly salary with a bonus paid for reaching a certain attracting investors, it should also serve as its name implies, a level of sales. business plan. A plan or roadmap as to how you will operate your 4. Hourly + bonus business. It should not be something that is done and put in a o A base hourly wage with a bonus paid for reaching a certain drawer. It should be reviewed and revised as necessary on a regular level of sales. basis. If you are not familiar with writing a business plan, there are a 5. Salary great number of software products that will assist you through the o A flat rate or weekly salary. process. There are also many online services that will develop your 6. Sliding scale commission plan for a fee. o A commission paid on services that rises as various levels of sales are met. Elements included in a business plan include the following: 7. Chair rental 1. Executive Summary. The Executive Summary provides a clear o Rent paid by an independent contractor for the use of a chair overview of the business plan, and highlights the key points raised and its related facilities. This can be on an hourly, daily, within. Potential investors are interested in the potential market weekly or monthly basis. opportunity, whether or not the business will be profitable and what is the talent and experience of the management team. It should be Article X, Section 24, Constitution of the State of Florida (a) Public easy to read and limited to no more than 4 pages. Policy. All working Floridians are entitled to be paid a minimum 2. Company Analysis. This section provides an overview of the wage that is sufficient to provide a decent and healthy life for company and describes the company is organization, what products them and their families, that protects their employers from unfair and services it offers/will offer, and describes what makes the low-wage competition, and that does not force them to rely on company special or unique in serving its target markets. taxpayer-funded public services in order to avoid economic 3. Industry Analysis. This describes the industry in general. It hardship. answers questions about the current market and future potential. It The Florida minimum wage is $7.31 per hour, effective June 1, 2011 also answers demographic questions regarding the target market of the owner. Who is your competition and how will you be Salon Advertising competitive? A form of communication used to persuade an audience (viewers, 4. Analysis of Customers. Specifically describes the target market readers or listeners) to take some action with respect to products and how your company will attract that market. This section should andservicesofferedinthesalon. include a complete demographic description of the potential clients Business Cards and your reasoning as to why your company will attract them to A small card printed with one's name, professional occupation, your salon. company position, business address, etc. 5. Analysis of Competition. Who is your competition and what are Fliers your strengths and weaknesses as compared to the competition. A pamphlet used to advertise goods, services, location and other How will you address the weaknesses? information about the salon. 6. Sales and Marketing Plans Radio/TV Detailed descriptions of the company’s product and service offerings Both can be used as a method of advertising but are typically too and potential product and service expansions expensive for the smaller salon. They are often used by the larger Descriptions of the company’s desired image and branding strategy chains or franchise operations. Descriptions of the company’s promotional strategies Magazines/Newspapers An overview of the company’s pricing strategies Local magazines and newspapers can be an effective means of 7. Operations/Design and Development Plans. attracting clientele from your area. Step-by-step description how you will turn your plan into a reality. Marketing 8. Management Team. Anything you do to favorably promote your salon. This could include Who is the management team and what are their qualifications to a wide variety of methods. Not to be confused with advertising, run the business? Will other management talents need to be marketing is “the big picture”. Some of the items to consider would acquired? include: Will there be additional investors required and in what capacity will Volunteer activities, Salon Décor, type of music played in the salon, they serve? thetypeandstyleofuniformworn,theartdisplayed. How will the business entity be structured? (Corporation, LLC, Phone System Partnership etc.) The phone system is the “life-line” of the salon. Without an Will professional advisors be used? (Accountant, Lawyer, Marketing adequate system it is nearly impossible to do business. Decisions to etc.) be made are how many phones are necessary, where should they be 9. Financial Plan. From where will you derive your income? How placed, who will answer the phone? Many salons cannot afford a much income do you expect to generate? What are your anticipated receptionist and therefore the policy is usually whomever is expenses? Typically these financial projections should be done for a available answers the phone. In some other salons, the owner 5-year period and represent your “best guess” as to how will your prefers to take all calls and discourages licensees from speaking on business will do. Be sure to include your projected growth plans for the phone. This is often a distraction to the licensee and personal both employees and clients. calls are highly discouraged. It is rude and inconsiderate to be 10. Appendix. The Appendix is used to support the rest of the occupied with personal calls while working on a client. business plan. Items could include additional supporting financial If the arrangement in the salon is chair rental, the independent documents, sketches/plans of the salon, letters of intent from contractor will most often maintain their own phone. This could be potential employees, endorsements from clients, professional a hard line or often is a cell phone. awards and experience. This section serve as an enhancement to Business Plan the rest of the plan. A business plan is a formal statement of a set of business goals, the reasons why they are believed attainable, and the plan for reaching

63 of 66 Summary It is said that successful business are those who manage to stay operation for 1 year or longer. It is also said that people who are successful in business spend an average of 2 years in preparation and planning prior to opening their doors.

Do your research and homework. It can only increase your chances for a successful salon business.

Self-quiz/review

True or False 1. _____ It could be considered legal to practice cosmetology outside of a licensed salon. 2. _____ A person doing cosmetology services for the motion picture industry must be licensed. 3. _____ MMA has been approved by the Board for use in the application of artificial nails. 4. _____ If your license has been revoked, you may operate legally under a temporary permit. 5. _____. You can cut hair or do nails without a license as long as you receive no compensation. 6. _____ In order to legally operate, a salon must be licensed. 7. _____ A salon may not be located in a place of residence. 8. _____ In Florida, mobile salons are illegal. 9. _____ Limited Liability Companies have been outlawed in Florida. 10. _____ A partnership must be limited to 2 people. 11. _____ Employers are required to collect and deposit withholding taxes from wages. 12. _____ Florida has a personal income tax that is charged on an individual’s wages. 13. _____ Sales tax is charged on the sale of products in the salon. 14. _____ While interviewing, a performance based question is considered very effective. 15. _____ During an interview, it is legal to ask a candidate if they are married or single. 16. _____ Selling of products such as shampoo is considered unprofessional in the salon. 17. _____ Most business insurances can be bought from a local insurance agent. 18. _____ Business rent is usually expressed in dollars per square foot per year. 19. _____ Florida does not have a minimum wage law. 20. _____ Renting a chair or booth in a salon is illegal in Florida. Answers 1 T, 2 F, 3 F, 4 F, 5 T, 6 T, 7 F, 8 F, 9 F, 10 F, 11 T, 12 F, 13 T, 14 T, 15 F, 16 F, 17 T, 18 T, 19 F, 20 F

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.  Indicate whether the statement is true or false.

____ 1. Disinfection kills all microbial life.

____ 2. Pathogenic bacterial are capable of causing infection.

____ 3. The streptococcus bacteria is the cause of HIV.

____ 4. If thoroughly cleaned after use, disposable emery boards may be used on another client.

____ 5. Florida law requires that a towel or neckstrip be placed around the clients neck to prevent the cape from touching the skin.

____ 6. Before using a comb or brush on another client, Florida law stipulates all that is required is that they be washed with soap and water.

____ 7. Using an approved disinfectant hand lotion is an acceptable alternative to washing your hands with soap and water prior to serving a client.

____ 8. Sterilization is the most effective method of killing all microbial life, including spores.

____ 9. Florida law stipulates that shampoo basins be drained once per day.

____ 10. Linens used in a salon may be stored on an open countertop.

____ 11. If a licensee fails to renew their license and continues to practice, they may be fined $500.00.

____ 12. Continuing education in Florida is required for cosmetologists but not nail specialists.

____ 13. The exam for a cosmetology license has 2 parts and a license will be issued if 1 of the 2 parts is passed.

____ 14. OSHA requires salons to maintain MSDS for every product they use in their business.

____ 15. OSHA is a division of the Florida Cosmetology Board and regulates safety in Florida salons.

____ 16. The odor of a product is considered the best indicator of whether or not the product is toxic.

____ 17. If your salon is deemed to have a hazardous air quality, OSHA has the right to make you correct it and require you to close your salon if you do not meet safe air quality standards.

____ 18. In order to qualify for Workers’ Compensation, you must be employed by the salon for a minimum of 6 months.

____ 19. If you have been injured on the job and are collecting Workers’ Compensation, you may also collect Unemployment Insurance. /0& 

____ 20. Chapter 440 of Florida statutes stipulates that a salon must employ a minimum of 4 people in order to qualify for Workers’ Compensation Insurance.

____ 21. HIV is contracted by exposure to a bacteria.

____ 22. AIDS can be contracted from the bite of an insect.

____ 23. It is possible for a breast feeding mother to transmit AIDS to her child.

____ 24. Practicing safe-sex and using a condom is considered a good defense against contracting HIV.

____ 25. If you have contracted the HIV virus it means you also have AIDS.

____ 26. If a person who has the HIV virus coughs or sneezes it puts everyone around them at risk of contracting the virus.

____ 27. A very common method of contracting the HIV virus is by sharing contaminated needles.

____ 28. Renting a chair or booth from a salon owner is considered illegal according to Florida law.

____ 29. Sales tax must be collected on the sale of products to clients.

____ 30. Florida law stipulates that as long as all employees in a salon are licensed, there is no need for the salon to be licensed.

____ 31. In Florida, MMA has been approved for use in the salon providing special precautions are taken to protect the licensee from harmful vapors.

____ 32. Atrophy refers to an abnormal and excessive growth of skin tissue.

____ 33. The matrix produces the cells that ultimately become the nail plate.

____ 34. The organ of hair growth is the papilla.

____ 35. The cuticle is the innermost layer of the hair and is responsible for pigment production in the hair.

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