MINUTES FLORIDA BOARD OF COSMETOLOGY HAMPTON INN & SUITES 101 SE 1 ST AVENUE GAINESVILLE, FLORIDA 32601 Monday, October 20, 2014 9:00 a.m. The Board of Cosmetology meeting was called to order at approximately 9:00 a.m., by Chair Ginny Fincel. Board Members Present Ginny Fincel, Chair Laurel Ritenbaugh, Vice Chair Robin Tabano Adrienne Harvey Fran Poppell Board Members Absent Other Persons Present Robyn Barineau, Executive Director, Department of Business and Professional Regulation (DBPR) Doug Dolan, Assistant Attorney General, Office of the Attorney General (OAG) John Cary, Chief Attorney, Office of the General Counsel (OGC), DBPR Maureen White, General Counsel, OGC, DBPR Julie Rowland, Government Analyst, DBPR James Patton, Division of Regulation, DBPR Sharon Philman, Division of Regulation, DBPR Sandra Caslow, Division of Regulation, DBPR Debra Philman, Division of Regulation, DBPR Shea Kasianowicz, Division of Regulation, DBPR Carline Milfort Myra Jowers Catrina Smith Joanna Bridges Takarra Moore Michelle Holder Leticia Milazzo Fiona Long The meeting was opened with a roll call and a quorum was established. DISCIPLINARY MATTERS Informal Hearing Ms. Maureen White, Assistant General Counsel, presented the following cases for consideration by the Board. The Board found that the Respondents were properly served with the Administrative Complaint, that there was competent and substantial evidence to support the allegations as set forth in the Administrative Complaint and adopts them as the findings of fact and conclusions of law of the Board and imposed the penalties shown below: First Beauty Nails; Pensacola Case No. 2014007781 $950 fine and $156.82 costs to be paid within six months 60 days suspension against license CE86615 and re-inspection within 30 days 1
Cassandra Ismon; Lakeland Case No. 2013005682 Ms. White requested that the case be pulled from the agenda Motion for Waiver of Rights and Final Order Ms. White presented the following cases for consideration by the Board. The Board found that the Respondents were properly served with the Administrative Complaint, the Respondents failed to respond within 21 days thereby waiving their right to elect a hearing in this matter, that the Board accept the allegations as stated in the Administrative Complaint and adopt them as the findings of fact and conclusions of law of the Board and imposed the penalties shown below: Georgia Gandy; Lehigh Acres Case No. 2013020515 $500 fine and $319.78 costs to be paid within six months Revocation of license HB6641 Juana Bolufe; Miami Case No. 2013046491 $500 fine and $169.11 costs to be paid within six months Javorne Smith; Plantation Case No. 2013048748 $500 fine and $211.90 costs to be paid within six months Sobeida Torres Abreu; Miami Beach Case No. 2014005963 $500 fine and $40.14 costs to be paid within six months D&V Nails; Boca Raton Case No. 2014007204 $100 fine and $128.85 costs to be paid within six months Luminous Nails and Spa and Thanh Luong; Port St. Lucie Case Nos. 2014004865 & 2014013218 $700 fine and $255.45 costs to be paid within six months Rosita Collier Johnson; Boynton Beach Case No. 2013049530 $500 fine and $85.55 costs to be paid within six months Nails So Happy; Spring Hill Case No. 2013020110 Ms. White requested that the case be pulled from the agenda Hair Salon Surprise; Delray Beach Case No. 2013020167 Ms. White requested that the case be pulled from the agenda La Nueva Marquesina Unisex Salon; Orlando Case No. 2013042475 2
Ms. White requested that the case be pulled from the agenda Latarsha Gordon; Jacksonville Case No. 2014009806 Ms. White requested that the case be pulled from the agenda Settlement Stipulation Ms. White presented the following cases for consideration by the Board. The Board moved to adopt the Stipulation of the parties as the Board s final action in this matter and incorporate it and all of its terms into a final order and imposed the penalties shown below: Antonio Torres; Casselberry Case No. 2013008213 $500 fine and $609.37 costs to be paid within six months Artisan Nails; Boca Raton Case No. 2013049528 $400 fine and $85.55 costs to be paid within six months TLC Nail Salon of Tamarac; Tamarac Case No. 201400547 $350 fine and $171.78 costs to be paid within six months Delby s Salon Spa and Delbys Perez; Aventura Case Nos. 2014011747 & 2014012704 $800 fine and $113.80 costs to be paid within six months B Nails 2 and Diep Tngoc Tran; Port St. Lucie Case Nos. 2014004920 & 2014013216 $950 fine and $288.12 costs to be paid within six months Shirley s Totally Envogue; Monticello Case No. 2014013037 $600 fine and $172.67 costs to be paid within six months Hai Phuoc Hua; Lakeland Case No. 2014006160 $500 fine and $123.06 costs to be paid within six months Green Cove Nails and Ngoc Thi Nguyen; Green Cove Springs Case Nos. 2014024595 & 2014028313 $500 fine and $194.65 costs to be paid within six months Miguel Bonilla; Ft. Lauderdale Case No. 2014021216 $500 fine and $123.06 costs to be paid within six months K&E Nail Salon & Spa; Florida City Case No. 2014008223 Ms. White requested that the case be pulled from the agenda Da Vi Nails and Nam Van Huynh; Marianna; Case Nos. 2012024682 & 2012026105 The Respondents were not present for the meeting. Ms. Tabano moved that the Board reject the Stipulation of the parties. Ms. Fran Poppell seconded the motion and the motion passed 3
The Board proposed a counter offer of a fine of $500 and costs of $131.38, plus 30 days suspension against nail specialist license FV9546309. Department Attorney Report Ms. White informed the Board that as of October 19, 2014, there were 110 open cosmetology cases in the legal section. Hair Braiding Courses Informal Hearing Braid Nation LLC. Ms. Robyn Barineau, Executive Director, noted that the application was denied at the July 14, 2014, Board meeting, based on the course content being outside the scope of practice of a hair braiding registration and improper references. After review, Vice Chair Ritenbaugh moved to uphold the denial based on no additional information having been provided. Ms. Harvey seconded the motion and the motion passed Carline s Hair Braiding Training & Certification Ms. Carline Milfort was present for the meeting. Ms. Barineau noted that the application was denied at the July 14, 2014, Board meeting, based on the course content being outside the scope of practice of a hair braiding registration. After review, Vice Chair Ritenbaugh moved to uphold the denial based on no additional information having been provided. Ms. Tabano seconded the motion and the motion passed Initial Review New York Hair Studio Classroom outside the scope of practice of a hair braiding registration and incorrect information. Ms. Tabano seconded the motion and the motion passed Good Hair Coach Internet outside the scope of practice of a hair braiding registration, incorrect references, incorrect information and references to Wisconsin. Ms. Tabano seconded the motion and the motion passed Hair Braiding Training Center Internet outside the scope of practice of a hair braiding registration, incorrect references and incorrect information. Ms. Tabano seconded the motion and the motion passed Hair Braiding Training Center Classroom outside the scope of practice of a hair braiding registration, incorrect references and incorrect information. Ms. Tabano seconded the motion and the motion passed Unique Hair Classroom product driven and outdated references. Ms. Tabano seconded the motion and the motion passed Beyond Blessed Academy Classroom outside the scope of practice of a hair braiding registration, incorrect references, illegible text and incorrect information. Ms. Harvey seconded the motion and the motion passed 4
Hair Wrapping Courses Initial Review Good Hair Coach Internet outside the scope of practice of a hair wrapping registration, incorrect references, incorrect information and references to Wisconsin. Ms. Harvey seconded the motion and the motion passed Hair Braiding Training Center Internet outside the scope of practice of a hair wrapping registration, incorrect references and incorrect information. Ms. Harvey seconded the motion and the motion passed New York Hair Studio Classroom outside the scope of practice of a hair wrapping registration and incorrect information. Ms. Harvey seconded the motion and the motion passed Body Wrapping Courses Initial Review M Lis Company Internet outside the scope of practice of a body wrapping registration and incorrect information. Ms. Tabano seconded the motion and the motion passed Good Hair Coach Internet outside the scope of practice of a body wrapping registration and incorrect information. Ms. Tabano seconded the motion and the motion passed Hair Braiding Training Center Internet After review, Ms. Harvey moved to deny the course based on the course content being outside the scope of practice of a body wrapping registration and incorrect information. Vice Chair Ritenbaugh seconded the motion and the motion passed Hair Braiding Training Center Classroom outside the scope of practice of a body wrapping registration and incorrect information. Ms. Tabano seconded the motion and the motion passed ASM Beauty World Academy Internet Ms. Letty Milazzo was present for the meeting. After review, Vice Chair Ritenbaugh moved to deny the course based on the course content being product driven, incorrect references, incorrect disinfection procedures, and incorrect information. Ms. Poppell seconded the motion and the motion passed Monique Cosmetique Internet outside the scope of practice of a body wrapping registration. Ms. Harvey seconded the motion and the motion passed 5
Continuing Education Courses Informal Hearing ASM Beauty World Academy 16 Hour Continuing Education 16 Hours Internet Ms. Milazzo was present for the meeting. Ms. Barineau noted that the application was denied at the September 4, 2014, Board meeting, based on the course content being product driven, incorrect references, incorrect disinfection procedures, and incorrect information. After review, Ms. Harvey moved to uphold the denial based on no additional information having been provided. Vice Chair Ritenbaugh seconded the motion and the motion passed Initial Review ASM Beauty World Academy 16 Hour Continuing Education 16 Hours Classroom Ms. Milazzo was present for the meeting. After review, Vice Chair Ritenbaugh moved to deny the course based on the course content being product driven, incorrect references, incorrect disinfection procedures, and incorrect information. Ms. Harvey seconded the motion and the motion passed Informed Florida Cosmetology Update 16 Hours Home Study add unlicensed activity fee to renewal fee information. The correction must be submitted to the Executive Director within 30 days of the date of the order for approval. Ms. Harvey seconded the motion and the motion passed Maya s School of Beaute Continuing Education 16 Hours Classroom After review, Vice Chair Ritenbaugh moved to deny the course based on incorrect terminology and incorrect information. Ms. Poppell seconded the motion and the motion passed Cettraining.com Cosmetology Continuing Education 16 Hours Internet outside the scope of practice of Board of Cosmetology licensees, incorrect references and outdated references. Ms. Poppell seconded the motion and the motion passed Monique Cosmetique Continuing Education For The Beauty Professional 16 Hours Classroom outside the scope of practice of Board of Cosmetology licensees and outdated references. Ms. Tabano seconded the motion and the motion passed Monique Cosmetique Continuing Education For The Esthetician & Cosmetologist 16 Hours Home Study the date of the order for approval. Ms. Tabano seconded the motion and the motion passed Monique Cosmetique Airbrush Makeup Techniques 2 Hours Internet the date of the order for approval. Ms. Tabano seconded the motion and the motion passed Monique Cosmetique Airbrush Makeup Techniques 4 Hours Classroom 6
the date of the order for approval. Ms. Harvey seconded the motion and the motion passed Monique Cosmetique Brazilian Waxing Techniques 4 Hours Classroom the date of the order for approval. Ms. Harvey seconded the motion and the motion passed Monique Cosmetique Brazilian Waxing Techniques 2 Hours Internet the date of the order for approval. Ms. Harvey seconded the motion and the motion passed Monique Cosmetique Threading Techniques 2 Hours Internet the date of the order for approval. Ms. Tabano seconded the motion and the motion passed Monique Cosmetique Threading Techniques 4 Hours Classroom the date of the order for approval. Ms. Harvey seconded the motion and the motion passed Monique Cosmetique Waxing Refresher 2 Hours Internet the date of the order for approval. Ms. Tabano seconded the motion and the motion passed Monique Cosmetique Waxing Refresher 4 Hours Classroom the date of the order for approval. Ms. Tabano seconded the motion and the motion passed Monique Cosmetique Facial Refresher 4 Hours Classroom outside the scope of practice of Board of Cosmetology licensees. Ms. Poppell seconded the motion and the motion passed Monique Cosmetique Basic Facial Refresher 2 Hours Internet outside the scope of practice of Board of Cosmetology licensees. Ms. Poppell seconded the motion and the motion passed Monique Cosmetique Sugaring 2 Hours Internet the date of the order for approval. Ms. Tabano seconded the motion and the motion passed Monique Cosmetique Sugaring 4 Hours Classroom 7
the date of the order for approval. Ms. Harvey seconded the motion and the motion passed Monique Cosmetique Designing The Perfect Brow 4 Hours Classroom the date of the order for approval. Ms. Harvey seconded the motion and the motion passed Monique Cosmetique Designing The Perfect Brow 2 Hours Internet the date of the order for approval. Ms. Harvey seconded the motion and the motion passed Monique Cosmetique Makeup Application Module I 4 Hours Classroom After review, Vice Chair Ritenbaugh moved to deny the course based on incorrect disinfection procedures. Ms. Harvey seconded the motion and the motion passed Monique Cosmetique Basic Makeup Application 2 Hours Internet After review, Vice Chair Ritenbaugh moved to deny the course based on incorrect disinfection procedures. Ms. Harvey seconded the motion and the motion passed OTHER BUSINESS Board Attorney Report Mr. Doug Dolan, Assistant Attorney General, informed the Board that the rule amendments to reduce licensure and renewal fees continue to move through the rulemaking process. -Rule 61G5-24.002, Florida Administrative Code Original Cosmetology Licensure Fee, Cosmetologist Examination and Endorsement Fees, Initial Specialist Registration, Application and Endorsement Fees -Rule 61G5-24.005, Florida Administrative Code Salon License Fee -Rule 61G5-24.008, Florida Administrative Code Biennial Renewal Fee for Cosmetologists and Specialists -Rule 61G5-24.009, Florida Administrative Code Biennial Renewal Fee and Delinquent Fee for Salon License -Rule 61G5-24.019, Florida Administrative Code Hair Braiding, Hair Wrapping, and Body Wrapping Fees Rule 61G5-17.018, Florida Administrative Code Investigators; Criteria for Selection The Board agreed that this rule should be repealed and that the repeal would have no negative impact on small business. Rule 61G5-20.008, Florida Administrative Code Employment of Applicants for Licensure as a Cosmetologist Prior to Licensure; Employment of Applicants for Registration as a Specialist Prior to Registration The Board agreed to withdraw the rule from development. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 1:30 p.m. 8
Tuesday, October 21, 2014 The Board of Cosmetology meeting was called to order at approximately 9:00 a.m., by Chair Fincel. Board Members Present Ginny Fincel, Chair Laurel Ritenbaugh, Vice Chair Robin Tabano Adrienne Harvey Fran Poppell Board Members Absent Other Persons Present Robyn Barineau, Executive Director, Department of Business and Professional Regulation (DBPR) Doug Dolan, Assistant Attorney General, Office of the Attorney General (OAG) John Cary, Chief Attorney, Office of the General Counsel (OGC), DBPR Maureen White, General Counsel, OGC, DBPR Julie Rowland, Government Analyst, DBPR Marbelis Dorado Kristin Hart Awilda Ramos Maldonado James Mixon Charlie James Ullanda James The meeting was opened with a roll call and a quorum was established. APPROVAL OF MINUTES Vice Chair Ritenbaugh moved to approve the minutes from the September 4, 2014, Board meeting. Ms. Harvey seconded the motion and the motion passed APPLICATIONS Licensure Applications Informal Hearing Awilda Ramos Maldonado Ms. Maldonado and Mr. Oscar Ramirez were present for the meeting. Ms. Barineau informed the Board that the application was denied at the July 15, 2014, Board meeting, based on inconsistent documentation and failure to demonstrate that the applicant met the requirements of Section 477.019, Florida Statutes, and Rules 61G5-18.007 and/or 61G5-18.001, Florida Administrative Code. After review, the Board tabled the application until the January 26, 2015, Board meeting, to allow her to provide additional documentation. Ms. Maldonado verbally waived the deemer clause to afford her time to collect the documentation. Brenda Liz Maymi Ms. Maymi was not present for the meeting. Ms. Barineau informed the Board that the application was denied at the July 15, 2014, Board meeting, based on inconsistent documentation and failure to demonstrate that the applicant met the requirements of Section 477.019, Florida Statutes, and Rules 61G5-18.007 and/or 61G5-18.001, Florida Administrative Code. After review, Ms. Harvey moved to uphold the denial based on no additional information having been provided. Vice Chair Ritenbaugh seconded the motion and the motion passed 9
Initial Review Charlie James Mr. James was present for the meeting. After review, Vice Chair Ritenbaugh moved to approve the application. Ms. Tabano seconded the motion and the motion passed James Mixon Mr. Mixon was present for the meeting. After review, Vice Chair Ritenbaugh moved to approve the application. The Board also imposed probation on the license to run concurrent with his criminal probation. Ms. Poppell seconded the motion and the motion passed Nadge Morel Ms. Morel was not present for the meeting. After review, Vice Chair Ritenbaugh moved to deny the application based on the noted criminal history. Ms. Harvey seconded the motion and the motion passed Cody Butler Mr. Butler was not present for the meeting. After review, Chair Fincel moved to deny the application based on the noted criminal history. Ms. Poppell seconded the motion and the motion passed Jessica Jenkins Ms. Jenkins was not present for the meeting. After review, Ms. Harvey moved to approve the application. Vice Chair Ritenbaugh seconded the motion and the motion passed Marcela Hernandez / Puerto Rico Ms. Hernandez was not present for the meeting. After review, Ms. Harvey moved to deny the application as the application fails to demonstrate that the applicant meets the requirements of Section 477.019, Florida Statutes, and Rules 61G5-18.007 and/or 61G5-18.001, Florida Administrative Code. Vice Chair Ritenbaugh seconded the motion and the motion passed Jerusalem Hunt Ms. Hunt was not present for the meeting. After review, Vice Chair Ritenbaugh moved to deny the application based on the noted criminal history. Ms. Tabano seconded the motion and the motion passed Joel Ignacio Arroz Martinez Mr. Martinez was not present for the meeting. After review, Vice Chair Ritenbaugh moved to deny the application based on unverifiable documentation. Ms. Tabano seconded the motion and the motion passed Alfonso Jeffrey Arteaga Mr. Arteaga was not present for the meeting. After review, Ms. Tabano moved to deny the application based on unverifiable documentation. Vice Chair Ritenbaugh seconded the motion and the motion passed Natalia Laurice Gist Ms. Gist was not present for the meeting. After review, Ms. Tabano moved to deny the application based on unverifiable documentation. Ms. Poppell seconded the motion and the motion passed Stephen Gurnicz 10
Mr. Gurnicz was not present for the meeting. After review, Ms. Harvey moved to deny the application based on unverifiable documentation. Ms. Tabano seconded the motion and the motion passed Shawn Marie Hernandez Mr. Hernandez was not present for the meeting. After review, Ms. Harvey moved to deny the application based on unverifiable documentation. Vice Chair Ritenbaugh seconded the motion and the motion passed Robert Lee Lopez Jr. Mr. Lopez was not present for the meeting. After review, Ms. Tabano moved to deny the application based on unverifiable documentation. Vice Chair Ritenbaugh seconded the motion and the motion passed Jessie James Palomino Mr. Palomino was not present for the meeting. After review, Ms. Tabano moved to deny the application based on unverifiable documentation. Vice Chair Ritenbaugh seconded the motion and the motion passed Rodney Maxime Mr. Maxime was not present for the meeting. After review, Ms. Harvey moved to deny the application based on unverifiable documentation. Ms. Tabano seconded the motion and the motion passed Marbelis Dorado Ms. Hunt was not present for the meeting. After review, Ms. Tabano moved to approve the application. The Board also imposed probation on the license to run concurrent with her criminal history. Ms. Poppell seconded the motion and the motion passed OLD BUSINESS Printing Photos on Licenses Ms. Barineau informed the Board that the Department continues to research the process of having a picture printed on the license when issued and again at renewal. The Board will further discuss this process at their January 2015 meeting. NEW BUSINESS Petition for Declaratory Statement Garcia Facial Plastic Surgery After discussion, the Board denied the request for Declaratory Statement regarding employment by a salon as they do not have standing to make such a request. OTHER BUSINESS Executive Director Report Financial Report for Period Ending June 2014 Ms. Barineau reported that the balance in the Board s operating account as of June 30, 2014, was over $4 million, and the balance in their unlicensed activity account was over $2.3 million for the same period. DBPR Unlicensed Activity Campaign Ms. Barineau informed the Board of the Department s public service announcements relating to cosmetology that will be released in 2015. 11
2016 National-Interstate Council of State Boards of Cosmetology (NIC) Annual Conference Ms. Barineau informed the Board that Florida will be hosting the 2016 annual meeting of the National Interstate Council of State Boards of Cosmetology (NIC). The meeting will be conducted in Atlantic Beach. NIC Newsletter June-August 2014 Ms. Barineau informed the Board that the NIC Newsletter was included in the agenda for informational purposes. Correspondence Complaints and Investigative Statistics July 2014 August 2014 Ms. Barineau informed the Board that the Complaints and Investigative Statistics Report was included in the agenda for informational purposes. Cosmetology Examination Summary January 2014 August 2014 Ms. Barineau informed the Board that the Cosmetology Examination Summary was included in the agenda for informational purposes. Dates and Locations of Future Meetings January 26-27, 2015 Orlando April 27-28, 2015 Tampa July 13-14, 2015 Orlando October 12-13, 2015 Gainesville ADJOURNMENT There being no further business, the meeting was adjourned at approximately 11:20 a.m. 12