Examination for licensure, reexamination, and examination review



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CHAPTER 61G3-16

EXAMINATION FOR LICENSURE, REEXAMINATION, AND EXAMINATION REVIEW

61G3-16.001 Barber License

61G3-16.0010 Examination for Barber Licensure

61G3-16.002 Reexamination

61G3-16.003 Examination Review Procedure (Repealed)

61G3-16.0041 Foreign Language Examination (Repealed)

61G3-16.005 Endorsement

61G3-16.006 Restricted Barber License

61G3-16.007 Examination for Restricted Licensure

61G3-16.008 Manner of Application

61G3-16.009 Requirements for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (AIDS)

61G3-16.0091 Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) for Continuing Education

61G3-16.0092 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) Education Provider Requirements

61G3-16.010 Supervised Practice Exception



61G3-16.001 Barber License.

(1) Individuals desiring to be licensed as a barber by examination in the State of Florida shall meet all required qualifications as set forth in Section 476.114, F.S.

(2) Individuals seeking to take the licensing examination on the basis of successful completion of the required education training specified in Section 476.114(2)(c)2., F.S., shall provide satisfactory proof of their successful completion of such training, which shall consist of the school or program that administers the course certifying that the applicant has successfully completed the barber course, and that the barber course complies with the minimum requirements set forth below in paragraph (3)(b).

(3) All barber courses which are taught for the purpose of qualifying an individual for a license to practice barbering shall consist of a minimum of 1,200 barber hours of training and instruction in the subjects set forth in paragraph (3)(b).

(a) If an applicant for licensure by examination meets all required qualifications except the required minimum hours of training, he or she shall be entitled to take the licensure examination if the applicant has completed 1,000 hours of training and has been certified by the school or program in which he or she is currently enrolled to have achieved the minimum competency standards of performance in the skills, services and trade techniques listed in paragraph (3)(b). If the applicant fails to achieve a passing grade on either or both portions of the licensure examination, he or she shall be entitled to re-examination only upon completion of the full requirements of 1200 hours of training and instruction provided for in Section 476.114(2)(c)2., F.S.

(b) A school of barbering shall certify on a student’s examination application that said individual has completed 650 hours of training in barbering skills, services and correlating trade techniques along with 550 hours of classroom instruction and lab studies. All barbering courses which are taught for the purpose of qualifying an individual for a license to practice barbering shall be as specified below:



1. Florida Laws and Rules

150 Hours

2. Safety, Sanitation and Sterilization

325 Hours

3. Hair Structure and Chemistry

50 Hours

4. Hair Cutting

200 Hours

a. Taper Cuts




I. Freehand




II. Shear over comb




III. Clipper over comb




b. Style Cuts (to include blow drying)




5. Shampooing

75 Hours

6. Chemical Services as follows:

350 Hours

a. Permanent Waving




b. Coloring and Bleaching




c. Hair Relaxing and Curling




7. Shaving, Beard and Mustache Trimming

50 Hours

Rulemaking Authority 455.217(1)(b), 476.064(4), 476.114(2), 476.134 FS. Law Implemented 455.217(1)(b), 476.114(2), 476.134 FS. History–New 7-16-80, Amended 7-6-81, 8-31-82, 5-29-85, Formerly 21C-16.01, Amended 9-3-86, 5-30-88, 12-31-89, 1-26-93, 3-15-93, Formerly 21C-16.001, Amended 9-15-94, 11-12-00, 4-26-04.

61G3-16.0010 Examination for Barber Licensure.

(1) The examination for licensure to practice barbering shall consist of a written examination. Applicants for a license to practice barbering must achieve a passing grade on the examination to be eligible for a license to practice barbering. An applicant who has completed all requirements for examination and paid the fee specified in Rule 61G3-20.002, F.A.C., will be admitted to the examination for licensure.

(2) The following subjects will be tested on the written examination and will be weighted approximately as designated:

Category

Weight

(a) Florida Laws and Rules

25%

(b) Safety, Sanitation and Sterilization

30%

(c) Hair Structure and Chemistry

10%

(d) Hair Cutting and Hair Styling

15%

(e) Shampooing

5%

(f) Chemical Procedures

(Permanent Waving, Coloring and Bleaching, Hair Relaxing and Curling)



10%

(g) Shaving, Beard and Mustache Trimming

5%

(3) The score necessary to achieve a passing grade shall be no less than seventy five (75) percent out of one hundred (100) percent on the written examination. In rounding percentages, any percentage which is point five (.5) or above shall be rounded up to the next whole number. Percentages less than point five (.5) shall be rounded down to the next whole number.

Rulemaking Authority 455.217(1)(b), (c), 476.064(4), 476.114(2), 476.134 FS. Law Implemented 455.217(1)(b), (c), 476.114(2), 476.134 FS. History–New 11-12-00, Amended 11-27-02, 4-26-04, 2-11-10, 10-7-10.

61G3-16.002 Reexamination.

(1) An applicant who fails the state examination for licensure in whole or in part shall be required to pay the reexamination fee as set forth in Rule 61G3-20.002, F.A.C.

(2) An applicant must pass the examination within a one year period from the date of the first licensure examination in order to qualify for licensure.

(3) An applicant who fails the examination may apply to the Department to retake the examination by providing an application and paying the reexamination fee as set forth in Rule 61G3-20.002, F.A.C.



Rulemaking Authority 455.217(2), 476.064(4), 476.114(3) FS. Law Implemented 455.217(2), 476.114(3) FS. History–New 7-16-80, Amended 4-6-82, 4-21-83, Formerly 21C-16.02, Amended 11-12-87, Formerly 21C-16.002, Amended 11-12-00, 2-11-10.

61G3-16.003 Examination Review Procedure.

Rulemaking Authority 455.217(3) FS. Law Implemented 455.217(3) FS. History–New 7-16-80, Formerly 21C-16.03, Amended 12-23-90, Formerly 21C-16.003, Amended 11-12-00, Repealed 5-3-12.

61G3-16.0041 Foreign Language Examination.

Rulemaking Authority 476.064(4) FS. Law Implemented 455.217(6) FS. History–New 1-26-93, Formerly 21C-16.0041, Amended 11-12-00, Repealed 5-3-12.

61G3-16.005 Endorsement.

The Department of Business and Professional Regulation shall issue a license by endorsement to a person who:

(1) Makes application and pays to the Department the fee specified in Rule 61G3-20.002, F.A.C.;

(2) Demonstrates that he or she possesses a current active license in another state or country;

(3) Demonstrates that he or she has satisfactorily completed a written examination comparable to or more stringent than the examination given by the Department;

(4) Demonstrates that he or she has completed:

(a) 1,200 hours of schooling in a program similar to, comparable to or more stringent than that required of Florida students and, at a minimum, covering the subjects of Safety, Sanitation and Sterilization, Hair Structure and Chemistry, Hair Cutting, Shampooing, Chemical Services, and Shaving as specified by the Barbers’ Board; or

(b) An apprenticeship program of 1,200 hours; or

(c) A combination thereof.

(5) Certifies that he or she has read and understood and will abide by Chapters 455 and 476, F.S. and Chapter 61G3, F.A.C.

(6) For purposes of demonstrating that an applicant from a territory or foreign country has met the requirements of subsections (2), (3) and (4) above, the applicant must provide the Board with an education evaluation conducted by a credential evaluation service that is a member of the National Association of Credential Evaluation Services.

Rulemaking Authority 476.064(4), 476.144(5) FS. Law Implemented 476.144(5) FS. History–New 10-14-85, Formerly 21C-16.05, Amended 6-1-87, 11-12-87, 7-4-90, 12-23-90, 1-26-93, Formerly 21C-16.005, Amended 11-30-93, 5-3-06, 5-31-07, 2-11-10, 12-6-11.

61G3-16.006 Restricted Barber License.

(1) Individuals who seek to be eligible to take the licensure examination for a restricted license to practice barbering by having completed a restricted barber course shall submit with their application satisfactory proof of their successful completion of such course at a school of barbering licensed pursuant to Chapter 246, F.S., a barbering program within the public school system, or a government-operated barbering program in the State of Florida. Satisfactory proof of successful completion of the restricted barber course shall consist of the school or program which administers the course certifying that the applicant has successfully completed the restricted barbers course; and, that the course complied with the minimum requirements as set forth below.

(a) All restricted barber courses which are taught for the purpose of qualifying an individual for a restricted license to practice barbering shall consist of a minimum of 1,200 hours of training. If an applicant for licensure by examination for a restricted barber license meets all required qualifications except the minimum hours of training, he or she shall be entitled to take the licensure examination if the applicant has completed 1,000 hours of training and has been certified by the school or program in which he or she is currently enrolled to have achieved the minimum competency standards of performance in the skills, services and trade techniques listed in paragraph (1)(b). However, if the individual fails to achieve a passing grade on either or both portions of the licensure examination, he shall not be eligible to retake either portion of the licensure examination until the individual shall have completed the full 1,200 hours of training and instruction.

(b) A school of barbering shall certify on a student examination application that said student has 650 hours of training in restricted barbering skills, services and correlating trade techniques along with 550 hours of classroom instruction and lab studies. All restricted barber courses which are taught for the purpose of qualifying an individual for a restricted barber license to practice restricted barbering shall be as specified below:



1. Florida Laws and Rules

200 Hours

2. Safety, Sanitation and Sterilization

400 Hours

3. Hair Structure and Chemistry

75 Hours

4. Hair Cutting

300 Hours

a. Taper Cuts




I. Freehand




II. Shear over comb




III. Clipper over comb




b. Style Cuts (to include blow drying)




5. Shampooing

100 Hours

6. Shaving, Beard and Mustache Trimming

125 Hours

(2) Individuals who seek to be eligible to take the licensure examination for a restricted license to practice barbering by holding or having held within the five years immediately preceding the date of application an active valid license, certificate, or registration to practice barbering which has been issued by another state or country, shall provide with their application a copy of all licenses, certificates, or registrations issued to the applicant by any other state or country; together with a statement from each agency, organization, or authority that issued the licenses, certificates, or registrations which is dated within three months of the date of the application, and which states that the applicant has not been disciplined by the agency, organization, or authority for acts related to the practice of barbering within the previous five years.

(3) Individuals who seek to be eligible to take the licensure examination for a restricted license to practice barbering by having once held a Florida barbering license which has been declared null and void for failure to renew the license shall provide with their application:

(a) The full name in which the license was issued and the license number,

(b) A copy of the previous license, if available, and

(c) Proof that they fulfilled the requirements of Section 476.114(2)(c)2., F.S., for initial licensure.

(4) All applicants who are found to be eligible to take the licensure examination for a restricted license to practice barbering shall be required to take and pass the examination for restricted licensure. Upon achieving a passing grade on all portions of the restricted licensure examination, and the issuance of a restricted license to practice barbering by the Department, an individual shall be permitted to perform the following barber services for compensation subject to the same terms, conditions, and restrictions imposed on holders of an unrestricted license to practice barbering:

(a) Hair cutting and styling, including the application of hair tonics and hair spray, but not including the application of any other chemical preparations or solutions to the hair,

(b) Full facial shaves,

(c) Mustache and beard trimming,

(d) Shampooing hair, including the application of shampoos and hair conditioners and blow drying the hair.



Rulemaking Authority 476.064(4), 476.144(6) FS. Law Implemented 476.144(6) FS. History–New 11-12-87, Formerly 21C-16.006, Amended 5-23-99, 4-26-04.

61G3-16.007 Examination for Restricted Licensure.

(1) The examination for restricted licensure to practice barbering shall consist of a written exam. Applicants for a restricted license to practice barbering must achieve a passing grade on the examination to be eligible for a restricted license to practice barbering.

(2) The examination for restricted licensure shall cover the laws and rules which govern the practice of barbering in Florida.

(3) The score necessary to achieve a passing grade on the written portion of the restricted licensure examination shall be no less than seventy-five (75) percent out of one hundred (100) percent on the examination. In rounding percentages, any percentage which is point five (.5) or above shall be rounded up to the next whole number. Percentages less than point five (.5) shall be rounded down to the next whole number.



Rulemaking Authority 455.217, 476.064(4), 476.134, 476.144 FS. Law Implemented 455.217, 476.134, 476.144 FS. History–New 11-12-87, Amended 3-22-92, 1-26-93, Formerly 21C-16.007, Amended 9-15-94, 12-9-98, 11-27-02, 4-26-04, 8-1-05, 5-13-10.

61G3-16.008 Manner of Application.

Every person desiring to be examined for either full or restricted licensure as a barber shall apply to the Department in writing upon forms prepared and furnished by the Department and pay an examination fee as required by Rule 61G3-20.002, F.A.C.

(1) The applicant must present with the application two (2) 2'' × 2'' photographs taken within the past twelve (12) months and evidence of completion of barber training as defined in Chapter 476, F.S.

(2) Qualified outside testing vendor shall notify applicants of their eligibility for a written examination within five (5) working days after receipt of Board notification of the applicant’s eligibility.

(3) Applicants for an unrestricted license who have completed one thousand (1,000) actual school hours or more but less than one thousand two hundred (1,200) actual school hours are required to have the school or program attended certify on that portion of the application so designated that said applicant has completed the stated number of hours, the required services as established by Rule 61G3-16.001, F.A.C., and is competent to sit for the licensure examination.

Rulemaking Authority 455.2228, 476.064(4) FS. Law Implemented 455.2228 FS. History–New 11-12-87, Formerly 21C-16.008, Amended 8-11-98, 11-12-00, 2-11-10.

61G3-16.009 Requirements for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (AIDS).

(1) The Board shall require as a condition of granting an initial license, completion of an education course approved by the Board, on HIV and AIDS. Certification of completion of a HIV/AIDS course shall accompany the application for initial licensure. Any applicant for licensure may take an approved course within two (2) years preceding application for initial licensure.

(2) The course shall consist of education on the modes of transmission, infection control procedures, clinical management and prevention of HIV and AIDS, with emphasis on appropriate behavior and attitude changes with specific relevance to the practice of barbering and cosmetology including sanitary requirements.

(3) Courses may be presented as live presentation courses, home study courses, or video courses. All home study courses shall include a written post course examination which must be graded by the provider. Post-course examinations may be open-book examinations. Persons taking the course must achieve a 75% passing score on all post-course examinations in order to receive a certificate of completion.



Rulemaking Authority 455.2228, 476.064(4) FS. Law Implemented 455.2228 FS. History–New 12-31-89, Amended 10-17-90, 3-22-92, Formerly 21C-16.009, Amended 11-30-93, 9-15-94, 12-22-94, 5-3-95, 6-29-95, 12-12-95, 5-1-96, 12-9-97, 4-17-01, 6-5-12.

61G3-16.0091 Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) for Continuing Education.

(1) Each person licensed under Chapter 476, F.S., shall complete a board approved HIV/AIDS education course as a condition of the renewal of his or her license and shall confirm that he or she has completed such an HIV/AIDS education course on his or her application for renewal. Such course must be taken during the licensure period and prior to expiration of the license.

(2) The course shall consist of education on the modes of transmission, infection control procedures, clinical management and prevention of HIV and AIDS, with emphasis on appropriate behavior and attitude changes and with specific relevance to the practice of barbering and cosmetology including sanitary requirements. The course shall be a minimum of (2) hours of instruction.

(3) Courses may be presented as live presentation courses, home study courses, or video courses. All home study courses shall include a written post course examination which must be graded by the provider. Post-course examinations may be open-book examinations. Persons taking the course must achieve a 75% passing score on all post-course examinations in order to receive continuing education credit.

(4) Licensees shall retain proof of completion of the HIV/AIDS education course for at least three years.

(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. Providers shall submit all license numbers for attendees taking the HIV/AIDS education course.

(6) Licensees shall have until the expiration of the current licensure cycle to resolve disputes with the provider regarding his or her continuing education completion status and provide proof of courses taken to the Board or Department.

(7) The department shall issue a citation to any licensee who attempts to renew and is not in compliance with continuing education requirements.



Rulemaking Authority 455.2228, 476.064(4) FS. Law Implemented 455.2228 FS. History–New 5-10-01, Amended 6-5-12.

61G3-16.0092 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) Education Provider Requirements.

(1) Entities or individuals who wish to become approved providers to offer courses for initial licensure shall make application to the Board on form DBPR-BB-006 entitled, “PROVIDER AND COURSE APPROVAL APPLICATION”, incorporated herein by reference and effective 9-12-01, which copies may be obtained from the Board. Applications for initial licensure providership must be submitted at least 30 days prior to the next Board meeting.

(2) Entities or individuals who wish to become approved providers to offer courses for continuing education purposes shall make application to the Board of BPR form DBPR-BB-006 entitled, “PROVIDER AND COURSE APPROVAL APPLICATION”, incorporated herein by reference and effective 9-12-01, which copies may be obtained from the Board. Applications for continuing education providership must be submitted at least 60 days prior to the next Board meeting.

(3) Providers wishing to offer their education courses for both initial licensure and for continuing education may submit one application appropriately marked at least 60 days prior to the next Board meeting.

(4) The application shall include:

(a) The name, address, telephone number and if available fax number, and e-mail address of a contact person who will fulfill the reporting and documentation requirements for provider approval. The provider shall notify the Board of any change of contact person within ten (10) days of the actual change.

(b) A fee of two hundred fifty dollars ($250) shall accompany each provider application for continuing education.

(c) Each provider application shall include course materials. The course shall consist of education as set forth in subsections 61G3-16.009(2) and 61G3-16.0091(2), F.A.C.

(d) Each provider application shall include a sample certificate of completion that the course instructor shall provide each course participant if the participant successfully completes the course. Such certificate shall include the course participant’s name, the title of the course, the course approval number, date completed and number of hours. The certificate shall be provided to the course participant at the completion of the course.

(5) Provider approval for initial licensure and for continuing education is valid through May 31 of odd numbered years. To renew provider approval for initial licensure and for continuing education, providers must resubmit the course materials for the Board’s review. For renewal of provider approval for continuing education, providers must also submit a fee of two hundred fifty dollars ($250). Course materials submitted for renewal of approval must be received by the Board office no sooner than 90 days prior to the expiration date and no later than 60 days prior to the next Board meeting. Approval as a continuing education provider shall remain valid while an application for renewal is pending before the Board provided the renewal application is complete and was received before the scheduled expiration of the provider’s approval. Providers who fail to renew their provider status on a timely basis in accordance with these rules shall not offer or advertise a course for initial licensure or continuing education.

(6) Providers shall maintain a system of recordkeeping which provides for storage of approved courses. Providers shall maintain a roster of participants for four years. The records and roster shall be available for inspection by the Board or Department. Providers must electronically provide to the Department a list of attendees taking the course for continuing education purposes within 30 business days of the completion of the course. However, the continuing education provider shall electronically report to the Department completion of a licensee’s course within 10 business days beginning on the 30th day before the renewal deadline or prior to the renewal date, whichever occurs sooner. The list of attendees submitted electronically to the Department shall not include applicants taking the course for initial licensure. For home study courses, the provider must 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 licensee. This list shall include the provider’s name and provider number, the name and license number of the attendee, the date the course was completed and the course number. Failure to comply with the time and form requirements will result in disciplinary action taken against the provider.

Rulemaking Authority 455.2228, 476.064(4) FS. Law Implemented 455.2178, 455.2179, 455.2228 FS. History–New 9-12-01, Amended 11-2-06, 5-11-08.

61G3-16.010 Supervised Practice Exception.

(1) Following the completion of the first licensing examination by an applicant for licensure as a barber by examination who has completed the barber training required by Chapter 476, F.S. and Rule 61G3-16.001, F.A.C, the applicant is eligible to practice as a barber and perform barbering services temporarily in a current, actively licensed barbershop under the following conditions:

(a) In the event an applicant obtains a passing score on the examination on the first attempt, the applicant shall be eligible, prior to having the application acted on by the Board, to practice in a licensed barbershop, provided that the applicant post the examination at the work station with a recent photograph affixed thereto.

(b) In the event that the applicant fails to obtain a passing score on the examination on the first attempt, the applicant shall not be eligible to practice under this rule until the applicant:

1. Applies to the Department for authorization to retake the examination; and

2. Presents the holder of the license for the barbershop a copy of both the reexamination application and the examination scheduling authorization letter from the department or the qualified outside testing vendor.

3. Upon completion of these conditions, the applicant is eligible to practice in a licensed barbershop subject to the provisions of paragraph (c) referenced below, provided that the applicant posts the examination results at the work station with a recent photograph affixed thereto. The applicant must discontinue practicing when 180 days have passed from the date of the first examination, if reexamination has not yet been completed. Under no circumstances shall the applicant be eligible to practice prior to having applied for reexamination and having obtained the examination scheduling authorization letter from the department or the qualified outside testing vendor.

(c) All barbering services performed by the applicant under this exception shall be performed under the supervision of a licensed barber. “Under the supervision of a licensed barber” shall mean that an individual who then holds a current, active Florida license as a barber shall be physically present at all times when the applicant is performing barbering services.



(2) In the event an applicant, who previously failed the examination on the first attempt, fails to obtain a passing score on the second licensure examination, the applicant is no longer eligible to practice as a barber under this exception and must immediately discontinue practicing barbering services until the applicant has been issued a license to practice by the Department.

Rulemaking Authority 455.217, 476.064(4), 476.124, 476.144(7), 476.184(2), (10) FS. Law Implemented 455.217, 476.144(7), 476.184(2), (10) FS. History–New 12-9-98, Amended 11-12-00, 12-29-08, 2-11-10.


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