Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 47, Title 40 of the 1976 Code is amended by adding:
Section 40-47-1700. This article must be known and may be cited as the 'Electrology Practice Act'.
Section 40-47-1705. The purposes of this article are to ensure minimum standards of competency, protect the public from misrepresentation of status and qualifications by persons who hold themselves out to be 'licensed electrologists' or 'licensed electrology instructors', and provide the public with safe care by the mandatory licensing of electrologists and electrology instructors.
Section 40-47-1710. As
used in this article:
(1) 'Board' means the
Board of Medical Examiners of South Carolina.
(2) 'Committee' means
the Electrology Licensure Committee.
(3) 'Electrologist'
means an individual who practices electrology.
(4) 'Electrology' means
the art and practice relating to the removal of hair from the
normal skin of the human body by application of an electric
current to the hair papilla by means of a needle or needles so
as to cause growth inactivity of the hair papilla and thus
permanently remove the hair.
(5) 'Electrology
instructor' means an individual who practices electrology and
teaches an electrology education program.
(6) 'License' means,
unless the context requires otherwise, a license issued by the
board to practice:
(a)
electrology; or
(b)
electrology and teach an electrology education
program.
(7) 'Licensed
electrologist' means an electrologist who is licensed pursuant
to this article to practice electrology.
(8) 'Licensed
electrology instructor' means an electrologist licensed pursuant
to this article to practice electrology and teach an electrology
education program.
Section 40-47-1715. (A)
A person may not practice, attempt to
practice, or offer to practice electrology, or teach, attempt to
teach, or offer to teach an electrology education program in
this State unless licensed pursuant to this article or
practicing electrology as a student in an approved clinical
electrology education program.
(B) A person may not
represent to the public by title, description of services,
methods, procedures, or otherwise that the person is authorized
to practice electrology or to teach an electrology education
program in this State unless licensed pursuant to this article.
(C) A person who
violates a provision of this article is guilty of a misdemeanor
and, upon conviction, must be imprisoned not more than one year
or fined not more than fifty thousand dollars, pursuant to
Section 40-1-200.
Section 40-47-1720. (A)
(1) There is created the Electrology
Licensure Committee, an advisory committee under the auspices of
the board. The committee shall consist of five members
appointed by the Governor and who are residents of the State,
including:
(a)
three electrologists who have engaged in the practice of
electrology for at least five years and are licensed by the
committee;
(b)
one physician licensed by the State; and
(c)
a public member who has not practiced electrology, who is
not in training to become an electrologist, who does not
participate in the electrology field, and who is not immediately
related to anyone who has practiced electrology, trained to
become an electrologist, or participates in the electrology
field.
(2) In nominating the
three initial electrologist members of the board, the Governor
must accept nominations for appointment from the South Carolina
Association of Electrologists. If the Governor does not approve
the recommendations, the association may provide the Governor
with another list of nominees. The Governor may select a nominee
from the second list provided, if any, or appoint another
suitable candidate of her choice.
(B)(1) A member is
appointed for a term of three years and may serve until a
successor is appointed and qualified.
(2)(a)
Of the members initially appointed:
(i)
one of the electrologist members
shall serve a term of one year;
(ii)
the public member and a second electrologist member shall
serve a term of two years; and
(iii)
the physician member and a third electrologist member
shall serve a term of three years.
(b)
The terms of all initial appointments shall commence
within thirty days after the effective date of this act.
(3)
A member may serve not more than two consecutive full
terms.
(C) A vacancy must be
filled by the Governor to serve the remainder of an unexpired
term and until his successor is appointed and qualified.
(D) The Governor or the
board may remove a committee member for gross neglect of duty,
incompetence, or unprofessional conduct. A member subject to
disciplinary proceedings is disqualified from all committee
business until the charges are resolved.
(E) A member of the
committee is entitled to per diem, subsistence, and mileage as
provided by law for members of state boards, committees, and
commissions.
(F) The committee may
employ a staff and have a physician licensed by this State
available as a consultant.
(G) The committee shall
elect, from among its members, a chairman, a secretary, and a
treasurer, and other officers that the committee considers
appropriate. The committee shall determine the manner of
election of officers and their terms of office.
(H) The committee
annually shall hold at least two meetings to conduct its
business, and shall adopt rules governing the calling, holding,
and conducting of regular and special meetings. A majority of
the members shall constitute a quorum.
Section 40-47-1725. In
addition to the powers and duties set forth elsewhere in this
article, the committee shall:
(1) adopt standards for
the practice of electrology and for electrology instruction, and
recommend procedures related to licensing to the board to be
promulgated by the board in regulation;
(2) keep records of its
proceedings;
(3) keep a list of all
currently licensed electrologists and licensed electrology
instructors;
(4) submit an annual
report to the board on duties performed, actions taken and
recommendations made;
(5) recommend
continuing education requirements to be promulgated in
regulation;
(6) conduct
investigations and hearings under the auspices of the board
concerning an alleged violation of this article, and make
findings and recommendations to the board for penalties and
sanctions for the violation, which the board may adopt;
(7) incur necessary
expenses in conducting its business and that relate to the
referral of an alleged violation of the criminal provisions of
this article;
(8) review, at its
discretion, advertising by licensed electrologists or licensed
electrology instructors; and
(9) conduct or cause to
be conducted inspections of electrology offices for compliance
with provisions of this article and regulations promulgated
pursuant to this article and the Centers for Disease Control.
Section 40-47-1730. (A)
The committee shall recommend to the board
regulations to establish reasonable fees for the issuance and
renewal of licenses, for examination of applicants and licensees
and inspection of their offices, and for its other services, and
the board shall promulgate these regulations upon its approval.
These fees must be sufficient, but not excessive, to cover
expenses for carrying out the operations of the committee. The
committee shall receive and account for all monies under a
provision of this article and shall pay all monies collected to
the board for deposit with the State Treasurer as provided for
by law. Except as provided temporarily in subsection (B), no fee
may be charged pursuant to this section.
(B) The committee
initially may by rule establish the fees provided in subsection
(A) which only may be in effect for a period of eighteen months
after the effective date of this act, during which time the
board must promulgate regulations to permanently provide for the
fees. The temporary fees provided in this subsection expire when
these regulations take effect.
Section 40-47-1735. To
apply for a license as an electrologist, an applicant must:
(1) be at least
eighteen years of age;
(2) be a high school
graduate or have completed equivalent education;
(3) either:
(a)
have successfully completed an electrology education
program in this State approved by the committee and taught by a
licensed electrology instructor that includes six hundred hours
of instruction in the theory and clinical practice of
electrology, or another amount of time as provided for in
regulation, and meets the requirements for content recommended
by the committee and established by the board; or
(b)
have successfully completed an electrology education
program in another state that is approved by the committee as
being substantially equal in content and hours to that required
of schools in this State;
(4) submit to the
committee an application on a form prescribed by the
committee;
(5) pay to the
committee an application fee and an office inspection fee;
(6) pay for and pass a
written examination pursuant to Section 40-47-1745 or be exempt
from examination pursuant to Section 40-47-1745 or Section
40-47-1750;
(7) agree to initial
and subsequent onsite inspections of the facilities used in
electrology;
(8) agree to comply
with infection control standards for the practice of electrology
as established by the Centers for Disease Control or other
organization specified in the rules and regulations, including,
but not limited to, independent sterilization testing; and
(9) meet other
requirements as provided for in regulation.
Section 40-47-1740. To
apply for a license as an electrology instructor, an applicant
must:
(1) be a licensed
electrologist;
(2) have practiced
electrology actively for at least five years immediately before
applying;
(3) submit to the
committee an application on a form prescribed by the
committee;
(4) pay to the
committee an application and school inspection fee;
(5) agree to initial
and subsequent onsite inspections of the facilities used in
electrology instruction;
(6) agree to comply
with infection control standards for the practice of electrology
as established by the Centers for Disease Control or other
organization specified in rules and regulations, including, but
not limited to, independent sterilization testing; and
(7) meet other
requirements as provided in regulation.
Section 40-47-1745. (A)
An applicant shall pay for and pass the
International Board of Electrologist Certification examination
or other similar examination approved by the committee,
administered pursuant to regulation.
(B) The committee shall
administer or coordinate administration of examinations to
applicants at least once a year at the times and places that the
committee determines. The committee may provide for
reexaminations to applicants who fail all or part of the
examination at the times and places that the committee
determines. The committee shall have the final decision in
determining the subjects, scope, form, and passing score for
examinations required pursuant to this article. An examination
must include a section on the theory of electrology, a section
on the clinical practice of electrology and a section on proper
sterilization and infection control techniques.
(C) An applicant may
retake an examination or a failed section of an examination
after paying the committee a reexamination fee, as provided for
in regulation. An applicant who fails two reexaminations only
may retake the examination if he:
(1)
retakes the entire examination;
(2)
pays the full examination fee; and
(3)
completes additional training as required by the
committee.
(D) The committee shall
waive the examination for an applicant who is licensed to
practice electrology in another state if the applicant provides
evidence acceptable to the committee that he:
(1)
meets the qualifications otherwise required by this
article;
(2)
became licensed in the other state after passing in that
or another state an examination that is substantially equal to
the examination for which the applicant is seeking the waiver;
and
(3)
became licensed in the other state after meeting
requirements that are substantially equal to the requirements of
this article.
(E) The committee shall
waive the examination for an applicant who presents evidence of
having passed the American Electrology Association Certified
Professional Electrology examination.
(F) Unless authorized
by the committee, the public member may not participate in an
activity related to examinations required pursuant to this
article.
Section 40-47-1750. (A)
The committee shall, after an applicant
meets additional requirements of subsection (B), waive the
licensing requirements under items (3) and (6) of Section
40-47-1735, if the applicant applies for licensure within one
hundred eighty days after the effective date of this act and has
been actively engaged in the practice of electrology in this
State during the three years immediately preceding the date of
application. For purposes of this section, 'actively engaged in
the practice of electrology' means that an applicant has
performed electrology on a regular basis for compensation, which
the applicant can substantiate by providing evidence of paid
advertising, tax returns, or other written records of
compensation, affidavits from clients or business owners who can
attest to the applicant practicing electrology for compensation,
or other evidence acceptable to the committee. The applicant
shall provide this evidence to the committee with a notarized
affidavit certifying its authenticity.
(B) The committee may
require an applicant seeking exemption from education and
examination requirements under this section to undertake
additional instruction in infection control standards for the
practice of electrology, as established by the Centers for
Disease Control or other organization as provided in regulation,
if the applicant is unable to provide evidence of adequate prior
instruction. This additional instruction must be determined by
the committee and must be taken from an approved instructor.
Section 40-47-1755. (A)
The board, upon the recommendation of the
committee, shall issue a license to an applicant who meets the
requirements of this article, pays applicable license and
inspection fees, and receives a satisfactory inspection of his
electrology facility. The committee shall include on each
license a designation as an electrologist license or an
electrology instructor license.
(B) A licensed
electrologist only may use the title 'licensed electrologist'
and the abbreviation 'L.E.'. A licensed electrology instructor
also may use the title 'licensed electrology instructor' and the
abbreviation 'L.E.I.'. In addition, a licensee may use the title
'Certified Professional Electrologist' and the abbreviation
'C.P.E.' if the licensee has an unexpired certificate for this
designation from the International Board of Electrology
Certification of the American Electrology Association.
(C) A licensee only may
practice electrology in a permanent establishment, referred to
in this article as an office. The board shall, with input from
the committee, promulgate regulations concerning sanitation
standards, equipment, supplies, and facilities to be used and
maintained in an office. An office is subject to random and
periodic inspections during business hours by members of the
committee or its agents or assistants.
(D) A licensed
electrologist shall notify the committee in writing no later
than ten business days after a change of address or opening of a
new office.
(E) A licensed
electrologist shall display the license in a conspicuous place
in the office.
Section 40-47-1760. (A)
A license issued pursuant to this article
for an electrologist or electrology instructor is valid for two
years and must be renewed biennially. At least one month before
the license expires, the committee shall send to the licensee,
by first class mail to the last known address provided by the
licensee, a renewal notice that states:
(1)
the date on which the current license expires:
(2)
the date by which the renewal application must be received
by the committee for the renewal to be issued and mailed before
the license expires; and
(3)
the amount of the renewal fee as provided for in the
rules.
(B) The board, upon the
recommendation of the committee, shall renew the license of a
licensee who submits a renewal application on a form prescribed
by the committee, pays the renewal fee, submits satisfactory
evidence of compliance with continuing education requirements
pursuant to Section 40-47-1765, has complied with all
sterilization testing requirements and has received satisfactory
facility inspections, if any, all as provided for in
regulation.
(C) Any person who has
failed to renew a license for more than ninety days after
expiration may have it reinstated by applying to the committee
for reinstatement on a form approved by the committee,
furnishing a statement of the reason for failure to apply for
renewal prior to the deadline and paying the required fee.
Beyond ninety days, the committee may require the applicant to
provide evidence of competency, including repeating any or all
of the requirements of Section 40-47-1735.
(D) A licensee is
solely responsible for notifying the committee of any change of
address for correspondence.
Section 40-47-1765. (A)
The committee shall recommend to the board
for promulgation in regulation the number of hours and subject
matter of continuing education required as a condition of
license renewal. The committee may offer continuing education
to the licensees under this article or may approve programs
offered at other institutions or by other electrologists.
(B) Upon request, the
committee may grant approval to a continuing education program
or course upon finding that the program or course offers a
worthwhile educational experience for licensed
electrologists.
(C) Upon application
for license renewal, each licensee shall provide the committee
with records or transcripts of the approved educational course
work completed, including the subject matter and the number of
hours of each course.
Section 40-47-1770. (A)
Upon written request by a licensee for
inactive status, the committee shall place the licensee's name
on the inactive list. While on the inactive list, the person is
subject to renewal requirements and may not practice electrology
in this State.
(B)(1) A person on
inactive status who seeks to return to active status shall
submit to the committee a:
(a)
reactivation application on a form furnished by the
committee; and
(b)
reactivation fee.
(2)
If the period of inactivity has exceeded two years, the
committee may require the applicant to provide evidence of
competency, including repeating any requirements of Section
40-47-1735, before returning the applicant to the active status.
A person whose license has lapsed or expired for a period of
five years or more must take and pass the examination for
licensure before the license can be reactivated.
Section 40-47-1775. (A)
A licensed electrologist or licensed
electrology instructor may voluntarily surrender a license by
expressing this voluntary surrender in writing to the committee
and returning the license to the committee. If the license is
lost, the individual shall submit a notarized statement to that
effect to the committee.
(B) A licensed
electrologist or licensed electrology instructor may not
surrender his license and the license may not lapse by operation
of law while the licensee is under investigation or while
charges are pending against the licensee, unless the committee
agrees to accept the surrender of a license. However, the
committee may set conditions on its agreement with the licensed
electrologist or licensed electrology instructor under
investigation or against whom charges are pending to accept
surrender of the license.
Section 40-47-1780. (A)
Regarding electrology education programs,
the committee also shall:
(1)
recommend standards by which a program may be approved for
the board to promulgate in regulation;
(2)
survey and evaluate proposed programs;
(3)
evaluate the need for a program in the geographical area
in which the program will be located;
(4)
keep a list of institutions that currently offer
electrology education programs that are approved by the
committee pursuant to this section; and
(5)
encourage schools of higher learning to establish programs
in the theory and practice of electrology.
(B) Before an
institution may operate an electrology education program in this
State, the committee must approve the program. The institution
first shall submit evidence to the committee that the
institution is prepared to:
(1)
meet the standards provided in subsection (A)(1); and
(2)
carry out an education program of at least six hundred
combined instructional hours or another amount of time as
provided for in regulation, in the:
(a)
theory of electrology, pursuant to the provisions of
Section 40-47-1735; and
(b)
clinical practice of electrology, pursuant to the
provisions of Section 40-47-17358.
(C) The committee
periodically may evaluate electrology programs in this State. If
an institution that offers an approved electrology education
program violates a standard provided in subsection (A)(1), the
committee shall give the institution specific written notice of
the violation.
(D) The committee may
remove an institution from a list of institutions that offer
approved electrology education programs, subject to the hearing
provisions of Section 40-47-1795 if the institution:
(1)
is guilty of fraud or deceit in obtaining or attempting to
obtain approval;
(2)
acts in a manner inconsistent with generally accepted
standards for the practice of electrology;
(3)
advertises in a manner that the board determines violates
this article;
(4) violates the
standards provided in this article and does not correct the
violation in a reasonable time after notice is given; or
(5) no longer operates
a program that qualifies for approval under this article.
(E) An action taken
pursuant to this section must comply with the notice and hearing
provisions of the Administrative Procedures Act.
(F) Nothing in this
article shall prevent a cosmetology school licensed pursuant to
Chapter 13, Title 40 from submitting an electrology education
program to the committee for approval.
Section 40-47-1785. (A)
Subject to the hearing provisions of Section
40-47-1795, the board, upon the recommendation of the committee,
may deny a license or renewal of a license to an applicant or
licensee, reprimand a licensee, place a licensee on probation,
or suspend or revoke a license if the applicant or licensee:
(1)
fraudulently or deceptively obtains or attempts to obtain
or renew a license for the applicant or licensee or for
another;
(2)
fraudulently or deceptively uses a license;
(3)
as part of the practice of electrology, knowingly acts
beyond the scope of the practice of electrology, as provided in
this article;
(4)
is grossly negligent in practicing electrology or in
teaching an electrology education program;
(5)
acts in a manner inconsistent with generally accepted
standards for the practice of electrology;
(6)
is convicted of or pleads guilty or nolo contendere to a
felony or to a crime involving moral turpitude, whether or not
an appeal or other proceeding is pending to have the conviction
or plea set aside;
(7)
is disciplined by a licensing or disciplinary authority of
another state or country, or is convicted or disciplined by a
court of another state or country for an act that would be
grounds for disciplinary action pursuant to this article;
(8)
provides professional services while under the influence
of alcohol or uses a narcotic or controlled substance, as
defined in Section 44-53-110, or another drug that is in excess
of therapeutic amounts or without valid medical indication;
(9)
practices electrology with an unauthorized person or
supervises or aids an unauthorized person in the practice of
electrology;
(10)
wilfully makes or files a false report or record in the
practice of electrology;
(11)
wilfully fails to file or record a report as required by
law; wilfully impedes or obstructs the filing or recording of
the report or induces another to fail to file or record the
report;
(12)
submits a false statement to collect a fee;
(13)
violates a provision of this article;
(14)
uses or promotes or causes the use of misleading,
deceiving, or untruthful advertising matter, promotional
literature, or testimonial, or advertising that violates a
provision of this article;
(15)
is professionally, physically, or mentally
incompetent;
(16)
promotes the sale of devices, appliances, or goods to a
patient so as to exploit the patient for financial gain;
(17)
behaves immorally in the practice of electrology;
(18)
commits an act of unprofessional conduct in the practice
of electrology;
(19)
does not comply with infection control standards for the
practice of electrology as established by the Centers for
Disease Control or another agency mandated by the committee in
regulation, including, but not limited to, failure to submit to
independent sterilization testing; or
(20)
fails to remedy a violation of a regulation noted as a
result of an office inspection.
(B) If a license is
suspended or revoked for a period of more than one year, the
board, upon the recommendation of the committee, may reinstate
the license after one year.
Section 40-47-1790. (A)
If after a hearing under Section 40-47-1795,
the committee finds that there are grounds under Section
40-47-1785 to suspend or revoke a license, an individual whose
license is being revoked or suspended shall return the license
to the committee. If the license is lost, the individual shall
submit a notarized statement to that effect to the
committee.
(B) If after a hearing
under Section 40-47-1795, the committee finds that there are
grounds under Section 40-47-1785 to suspend or revoke a license,
the board, upon recommendation of the committee, may impose a
penalty instead of suspending the license or in addition to
suspending or revoking the license.
(C) The board, upon the
recommendation of the committee, shall promulgate regulations to
set standards for the imposition of penalties under this
section.
(D) The committee shall
use a penalty collected under this section to reimburse its
costs for enforcing the terms of this article and the rules
promulgated pursuant to this article, and shall provide any
excess to the board for deposit with the State Treasurer as
provided for by law.
Section 40-47-1795. (A)
Before taking an action under Section
40-47-1780, 40-47-1785, or 40-47-1790, the committee shall give
the person against whom the action is contemplated an
opportunity for a hearing before the committee.
(B) The committee shall
give notice in writing at least thirty days before the hearing
and hold the hearing pursuant to the Administrative Procedures
Act.
(C) The person may be
represented at the hearing by counsel.
(D) The board, upon
request of the committee, shall issue subpoenas, and the
committee shall administer oaths in connection with a proceeding
under this section.
(E) If after due notice
the person against whom the action is contemplated fails or
refuses to appear, the committee may hear and determine the
matter in the person's absence.
Section 40-47-1800. A
person aggrieved by a final decision of the board, upon the
recommendation of the committee, in a contested case, as defined
in the Administrative Procedures Act, may appeal the decision in
accordance with the Administrative Procedures Act."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.