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CHAPTER 61G5-32 CONTINUING EDUCATION

61G5-32.001 Continuing Education.

(1) Prior to the expiration of each biennial licensure period, and as a condition for renewal of their cosmetology license or specialty registration, all licensed cosmetologists and registered specialists shall complete a minimum of sixteen (16) hours of continuing education which shall include, at a minimum, all of the following subjects as they relate to the practice of cosmetology:
     (a) A minimum of two (2) hours of instruction regarding HIV/AIDS and other
     communicable diseases which shall consist of:
          1.  Education on the modes of transmission, infection control procedures, clinical
          management, and prevention of HIV and AIDS; and
          2.  Discussion of attitudes towards HIV and AIDS as well as appropriate behavior in dealing
          with persons who may have the virus or syndrome.
     (b) A minimum of three (3) hours of instruction regarding sanitation and sterilization
     which shall consist of instruction regarding:

          1.  Universal sanitation and sterilization precautions;

          2.  How to distinguish between disinfectants and antiseptics; and

          3. How to sanitize hands and disinfect tools used in the practice of cosmetology.

     (c) A minimum of one (1) hour of instruction regarding Occupational Safety and Health
     Administration regulations.
     (d) A minimum of one (1) hour of instruction regarding issues of workers’
     compensation as they pertain to Florida law.
     (e) A minimum of two (2) hours of instruction regarding state and federal laws and rules as
     they pertain to cosmetologists, cosmetology, salons, specialists, specialty salons, and booth
     renters; specifically including but not limited to Chapter 477, F.S., and the Rules of the Board.
     At a minimum this instruction shall include the following:
          1.  The laws and rules of the Board that protect the health, safety, and welfare of the
          consumer;
          2.  The laws and rules of the Board that determine where and when individuals may legally
          practice cosmetology and specialties;
          3.  The functions of the Board of Cosmetology, how its members are appointed, and their
          duties;
          4.  The laws and rules of the Board which specify prohibited conduct, and the penalties
          for failure to follow the laws and rules;

          5.  Salon requirements and inspections; and

          6.  The dates, fees, and requirements for renewal of cosmetology licenses, salon
          licenses, and specialty registrations.
     (f) A minimum of two (2) hours of instruction regarding chemical makeup as it pertains to
     hair, skin, and nails.

     (g) A minimum of one (1) hour of instruction regarding environmental issues.

     (h) A minimum of four (4) hours of continuing education to be composed of additional
     instruction in any of the subjects set forth above or such other subject or subjects as the
     licensee may choose provided that the subject or subjects chosen relate to the practice of 
     cosmetology and serve to ensure the protection of the public; and, provided that the course in
     which such subjects are taught has been approved by the Board prior to its being taught for
     continuing education purposes, and provided the licensee or registrant has not previously taken
     the course during the current licensure period.

(2)   Home study courses, video courses, and courses which are given at cosmetology conferences may be counted toward the required hours of continuing education provided that, prior to their being taught, they have been approved by the Board as including instruction in subjects as set forth by this rule and as complying with all other requirements as set forth in this rule.

(3)All continuing education home study courses shall include a written post-course examination which must be graded by the course provider. Post-course examinations may be open-book examinations. In order to receive continuing education credit for the course, licensees or registrants must achieve a 75% passing score on all post-course examinations.

(4)All licensees and registrants who successfully complete a continuing education course shall be provided with a certificate of completion by the provider of the continuing education course which shall indicate the provider’s name and provider number, the course title and course number, the licensee’s or registrant’s name and license or registration number, the date the course was completed, and the total number of hours successfully completed in each subject covered by the continuing education course. All licensees and registrants shall retain the certificate of completion for all continuing education courses successfully completed by the licensee or registrant for a period of not less than three (3) years following the first license or registration renewal following the completion of the course.

(5)   Licensees holding two or more licenses subject to the HIV/AIDS education course requirement shall present all license numbers to the provider of such course.
(6) PROVIDER APPROVAL AND REQUIREMENTS.
     (a) All providers of continuing education courses must be approved by the Board prior to
     offering continuing education courses. All individuals or organizations seeking to be approved as
     a continuing education provider shall submit to the Department, or if the Department shall
     contract with a private entity to administer the continuing education program then to such
     private entity, no later than 60 days prior to the next scheduled Board meeting at which the
     application is to be considered for approval. A complete application for continuing education
     provider status shall consist of the following items and information:
          1.     A completed application on Form DBPR 300 1-32PA, Cosmetology Continuing
          Education Provider Approval/Renewal Application, which is hereby incorporated by
          reference, effective 3-25-99, copies of which may be obtained from the Board office, or if
          the Department shall contract with a private entity to administer the continuing education
          program then from such private entity;

          2.  A fee of $250; and

          3. A sample copy of the certificate of completion which the provider shall supply to all
          licensees or registrants who successfully complete courses given by the provider. The
          certificate of completion shall indicate on its face areas for the inclusion of the information
          as required by Subparagraph (6)(d) of this rule.
     (b) Upon approval by the Board of the individual or organization as a continuing education
     provider, a continuing education provider number will be assigned to the provider; and, shall be
     included in all future correspondence or submissions by the provider to the Board, the
     Department, or any private entity contracted with by the Department to administer the
     continuing education program.
     (c) Once the Department shall contract with a private entity to administer the continuing
     education program, then for each continuing education course taught, all continuing
     education providers shall submit to such private entity, a list of all attendees successfully
     completing the continuing education course within 21 days of the completion of the course.
     The list shall include the provider’s name and provider number, the course title and course
     number, the licensee’s or registrant’s name and license or registration number, the date the
     course was completed, and the total number of hours successfully completed in each subject
     covered during the continuing education course. For home study courses offered by a
     continuing education provider, the provider shall supply the name and license or registration
     number for each individual successfully completing the course within 21 days following the
     determination by the provider that the individual has successfully completed the home study
     course together with the provider’s name and provider number, the home study course title
     and course number, and the date the course was completed. All lists and information shall be
     provided to the private entity in such form as determined by private entity.
     (d) All continuing education providers shall provide a certificate of completion to all licensees and
     registrants who successfully complete a continuing education course which shall indicate on the
     certificate’s face the provider’s name and provider number, the course title and course number,
     the licensee’s or registrant’s name and license or registration number, the date the course was
     completed, and the total number of hours successfully completed in each subject covered by
     the continuing education course.
     (e) Beginning November 1, 2001, continuing education providers shall electronically provide to
     the Department the list of attendees at each of its offered courses within 5 business days of the
     completion of the course. For home study courses, the provider shall electronically supply the
     list of those individuals successfully completing the course by the 5th of the month following the
     calendar month in which the provider received documentation and was able to determine the
     successful completion of the course by the individual. This list shall include the provider’s name
     and provider number, the name and license or registration number of the attendee, the date
     the course was completed, and the course number. All documents from the provider shall be
     submitted electronically to the Department and must be in a form as agreed to by the
     Department with the provider. Failure to comply with the time and form requirements will result
     in disciplinary action taken against the provider and the course approval. Each continuing
     education provider shall maintain records of attendance or completion for all continuing
     education courses offered or taught by the provider for a period of not less than four years
     following the offering of each course or the receipt of documentation of completion of a home
     study course. Upon request, these records shall be made available for inspection by the
     Department or its agent, or the private entity contracted with by the Department to administer
     the continuing education program at such reasonable time and location as determined by the
     Department or its agent, or the private entity.
     The list of attendees submitted electronically to the Department shall not include the names of
     applicants taking the course for initial licensure pursuant to Rule 61G5-18.011, F.A.C.
     (f)   If the Department contracts with a private entity to administer the continuing education
     program, all continuing education providers shall submit all required forms and information, and
     shall pay all required fees directly to the private entity.
     (g) Approval as a continuing education provider shall be valid through May 31, 2003 for any
     providers approved prior to March 1, 2003. Thereafter, approval as a continuing education
     provider shall be valid through May 31 of odd numbered years for all providers. After the
     expiration of a continuing education provider’s approval, the provider shall not offer or teach
     any continuing education courses for credit toward the required hours of continuing education
     until the provider has renewed its approval as a continuing education provider.
     (h) Any substantive changes regarding the information contained in the provider’s application for
     approval, or previously submitted by the provider to the Department or to a private entity
     contracted with by the Department to administer the continuing education program, shall be
     filed with the Department, or if the Department shall contract with a private entity to administer
     the continuing education program then with such private entity, within 30 days of the change
     occurring.
     (i) At any time, the Board shall recommend to the Department to revoke its approval of a
     continuing education provider if it finds that such approval is sought or was received by fraud or
     misrepresentation by the provider, the provider has failed to adhere to the standards and other
     requirements as set forth in this rule or Rule 61-6.015, F.A.C., or that the provider has engaged
     in fraudulent behavior relating to the provision of continuing education. Before requesting that
     the Department revoke a provider’s continuing education approval, the Board shall give the
     provider notice and an opportunity to be heard. If the approval of a provider is revoked, the
    continuing education provider shall thereafter be barred from presenting any continuing
     education courses to licensees or registrants for credit unless the provider demonstrates to the
     Board that the provider has been sufficiently rehabilitated to be trusted to provide such courses
     to licensees or registrants in the future. Revocation of a continuing education provider’s
     approval shall also operate as a revocation of all previously approved continuing education
     courses for all future offerings by the provider.
     (j) For purposes of Section 455.2178, F.S., Chapter 477, F.S., and the rules adopted by the
     Board, the term “continuing education provider” shall mean any individual, organization, or
     other entity who offers or teaches: (1) courses for purposes of fulfilling the requirements of
     license renewal which has been submitted to and approved by the board for such purposes; or
     (2) an HIV/AIDS education course for purposes of fulfilling the requirements of initial licensure or
     license renewal which has been submitted to and approved by the Board for such purposes, or
     which has been approved for these purposes by rule of the Board. All continuing education
     providers shall comply with all provisions and requirements of this rule, and Section 455.2178
     F.S., for the purpose of monitoring continuing education compliance. Failure to comply with
     such provisions and requirements by any continuing education provider shall be grounds
    for the suspension or revocation of the continuing education course approval.

(7) COURSE APPROVAL AND REQUIREMENTS.

     (a) Except as noted below, all proposed continuing education courses, including those courses
     which are to be taught at cosmetology conferences, home study, and video courses, must be
     approved by the Board prior to their being offered or taught for continuing education credit;
     and, may only be offered or taught by the continuing education provider submitting the course
     for approval.
     (b) All continuing education courses shall comply with the requirements as set forth in this rule,
     including but not limited to those regarding the required subjects and topics to be included in the
     proposed course.
     (c) Continuing education providers seeking approval of a continuing education course shall
     submit  a complete application for continuing education course approval to the Department, or
     if the Department shall contract with a private entity to administer the continuing education
     program then to such private entity, no later than 60 days prior to the next scheduled Board
     meeting at which the course is to be considered for approval. A complete application for
     continuing education course approval shall consist of the following:
          1.  A completed application on Form DBPR 3001-32CA, Cosmetology Continuing Education
          Course Approval Application, which is hereby incorporated by reference, effective 3-25-99,
          copies of which may be obtained from the Board office, or if the Department shall contract
          with a private entity to administer the continuing education program then from such
          private entity;
          2.  If the Department shall contract with a private entity to administer the
          continuing education program, a fee in the amount of $100;
          3.  A course outline which includes the subjects, topics, and subtopics to be presented in the
          course and a narrative summary of all areas to be covered in each subject, topic and
          subtopic, and a list of all reference and source materials;
          4.  If the proposed continuing education course consist of a home study course, a copy of
          the written post-course examination which will be used to test licensees and registrants
          comprehension and understanding of the subjects, topics, and subtopics presented in the
          course;
          5.  Evidence of the method to be used by the attendees of the course for evaluation of the  
          learning experience and instructional methods used in the course; and
          6.  Instructor resumes, if applicable, listing the instructor’s educational qualifications or
          evidence of appropriate skills or knowledge in the subject matter of the course. Instructors
          must possess sufficient skills and knowledge in the subject areas being taught.
     (d) Upon approval by the Board of a continuing education course, a continuing education
      course number will be assigned to the course; and, shall be included in all future
      correspondence or submissions by the continuing education provider to the Board, the
     Department, or any private entity contracted with by the Department to administer
      the continuing education program.
          1.  The continuing education course number and continuing education provider number
          shall be included in all advertisements, promotions, or other announcements
          concerning an approved course.
          2.  No course shall be advertised as an approved course until the course has been
          approved by the Board and received a course number.
          3.  A course shall not be offered or credit given for hours other than what was
          approved by the Board.
          4.  A course shall not be offered other than in the manner the Board initially approved
          the course material.
     (e) All continuing education home study courses shall include a written post-course
     examination which must be graded by the course provider. Post-course
    examinations may be open-book examinations. In order to receive continuing
     education credit for the course, licensees or registrants must achieve a 75%
     passing score on all post-course examinations,
     (f)All continuing education courses shall include a method to be used by the attendees of the
     course for evaluation of the learning experience and instructional methods used in the course.
     (g)   Upon the successful completion of a continuing education course all licensees and
     registrants shall receive a certificate of completion for the course which shall indicate on its face
     all information as required by paragraph (6)(d) of this rule. One hour of credit will be awarded
     for each 50 minute classroom hour or for each 50 minutes of home study material.
     (h) Approval of a continuing education course shall be valid for a period of two years from the
     date of approval by the Board. After the expiration of a continuing education course approval,
     the course may not be offered or taught for credit toward the required hours of continuing
     education; and, must be again approved by the Board prior to its being offered or taught for
     continuing education credit. Applications for approval of a continuing education course shall be
     submitted to the Department, or if the Department shall contract with a private entity to
     administer the continuing education program then to such private entity; and, shall contain all
     of the items and information required for initial approval as a continuing education course as set
     forth in paragraph (7)(c) of this rule.
     (i) Any substantive changes regarding the information contained in the provider’s application for
     course approval, or previously submitted by the provider to the Department or to a private
     entity contracted with by the Department to administer the continuing education program, shall
     require that the course be resubmitted for approval in accordance with this rule.
     (j)At any time, the Board shall request the Department revoke the provider’s approval of a
     continuing education course if it finds that such approval is sought or was received by fraud or
     misrepresentation by the provider, that the course which is being provided fails to cover the
     information required by statute or this rule or Rule 61-6.015, F.A.C., or otherwise fails to meet
     the requirements specified in this rule, that the course significantly varies from the course
     proposal that was approved by the Board, or that the course provider has engaged in
     fraudulent behavior related to the provision of the course. Before rescinding approval of a
     continuing education course, the Board shall give the course provider notice and an opportunity
     to be heard. If the Board denies or rescinds its approval of a continuing education course
     because of the course provider’s fraud or misrepresentation, then the continuing education
     provider shall thereafter be barred from presenting any continuing education courses to
     licensees or registrants for credit unless the provider demonstrates to the Board that the
     provider has been sufficiently rehabilitated to be trusted to provide such courses to licensees
     or registrants in the future.
     (k) A course which constitutes a sales presentation or promotion will not be approved
     for continuing education credit.
(8) EFFECTIVE DATE – This rule shall apply to all licensed cosmetologists and registered specialists under Chapter 477, F.S.; and, shall not apply to any registered hair braiders or registered hair wrappers. Those licensees and registrants who are currently licensed or registered and whose license or registration is scheduled to expire on October 31, 1999, shall not be required to complete the continuing education requirement as set forth in this rule for the renewal of their current license or registration; but, shall be required to complete all continuing education requirements set forth in this rule as a condition of all renewals of their license or registration after November 1, 1999. Those licensees and registrants whose current license or registration is scheduled to expire on October 31, 2000, shall only be required to complete the HIV/AIDS continuing education requirement and six (6) hours of additional continuing education as a condition of renewing their current license or registration. The six (6) hours of additional continuing education shall be composed of such subject or subjects excluding HIV/AIDS as the licensee or registrant may choose provided they comply with all requirements as set forth by this rule. Those licensees and registrants whose license or registration shall expire after October 31, 2000, shall be required to complete and comply with all continuing education requirements as set forth in this rule as a condition for the renewal of their license or certificate.
Specific Authority 455.2178, 455.2179, 455.219(3), 455.2228, 477.016, 477.019(7) FS. Law Implemented 455.2178, 455.2179, 455.219(3),

455.2228, 477.019(7) FS. History–New 3-25-99, Amended 2-28-00, 7-27-00, 7- 29-01.