H 4047 Session 110 (1993-1994)
H 4047 General Bill, By Wilder, Allison, J.J. Bailey, R.A. Barber, H. Brown,
Cato, Harrell, P.B. Harris, Haskins, J. Hines, Lanford, C.V. Marchbanks,
Moody-Lawrence, T.F. Rogers, Stille, E.C. Stoddard, Trotter and J.B. Wilder
Similar(S 1275)
A Bill to amend the Code of Laws of South Carolina, 1976, relating to
professions and occupations, by adding Chapter 18 so as to create the State
Board of Electrologists, to provide for its members, powers, and duties; to
provide licensing requirements; to authorize the establishment of continuing
education requirements; and to provide fees and penalties.
04/14/93 House Introduced and read first time HJ-44
04/14/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-44
03/24/94 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-2
04/06/94 House Amended HJ-41
04/06/94 House Debate adjourned until Tuesday, April 12, 1994 HJ-43
04/12/94 House Amended HJ-325
04/12/94 House Read second time HJ-325
04/13/94 House Read third time and sent to Senate HJ-24
04/14/94 Senate Introduced and read first time SJ-14
04/14/94 Senate Referred to Committee on Labor, Commerce and
Industry SJ-14
AMENDED
April 12, 1994
H. 4047
Introduced by REPS. D. Wilder, Barber, Moody-Lawrence, Hines,
Stille, Haskins, J. Wilder, Cato, Trotter, Marchbanks, Stoddard,
J. Bailey, P. Harris, Allison, Harrell, H. Brown, Lanford and Rogers
S. Printed 4/12/94--H.
Read the first time April 14, 1993.
A BILL
TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PROFESSIONS AND
OCCUPATIONS, BY ADDING CHAPTER 18 SO AS TO CREATE
THE STATE BOARD OF ELECTROLOGISTS, TO PROVIDE FOR
ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE
LICENSING REQUIREMENTS; TO AUTHORIZE THE
ESTABLISHMENT OF CONTINUING EDUCATION
REQUIREMENTS; AND TO PROVIDE FEES AND PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
"CHAPTER 18
Electrologists
Section 40-18-5. This chapter may be cited as the `South Carolina
Electrology Practice Act'.
Section 40-18-10. As used in this chapter:
(1) `Board' means the State Board of Electrologists.
(2) `Electrologist' means an individual who practices electrology.
(3) `Electrology instructor' means an individual
who practices electrology and teaches an electrology education program.
(4) `License' means, unless the context requires otherwise, a license
issued by the board:
(a) to practice electrology; or
(b) to practice electrology and teach an electrology education
program.
(5) `Licensed electrologist' means an electrologist who is licensed
by the board to practice electrology.
(6) `Licensed electrology instructor' means an electrologist who is
licensed by the board to practice electrology and teach an electrology
education program.
(7) `Practice electrology' means to remove hair
permanently through the use of board-approved modalities which utilize
a single needle or probe or multiple needles or probes:
(a) electrolysis;
(b) thermolysis; and
(c) the bland.
Section 40-18-20. (A) There is created the State Board of
Electrologists which consists of five members. Three or four of the
members must be licensed electrologists or licensed electrology
instructors and one must be a consumer member. If there are three
licensed electrologists or licensed electrology instructors, the fifth
member must be a physician. The Governor shall appoint the members
with the advice and consent of the Senate. Each member of the board
must be a resident of this State.
(B) Each electrologist member of the board must have practiced
electrology actively in this State for at least five years immediately
before appointment.
(C) No consumer member of the board:
(1) may be or ever have been an electrologist or in training to
become an electrologist;
(2) may have a household member who is an electrologist or in
training to become an electrologist;
(3) may participate or ever have participated in a commercial or
professional field related to electrology;
(4) may have a household member who participates in a
commercial or professional field related to electrology;
(5) may have had within two years before appointment a
substantial financial interest in a person regulated by the board.
While a member of the board, a consumer member may not have a
substantial financial interest in a person regulated by the board.
(D) Members shall serve for terms of three years and until their
successors are appointed and qualify. Vacancies must be filled in the
manner of the original appointment for the remainder of the unexpired
term. A member may not be appointed for more than two consecutive
three-year terms. The Governor may remove a member for
incompetence or misconduct.
Section 40-18-30. (A) From among its members, the board shall
elect a president, a secretary, and a treasurer.
(B) The manner of election of officers and their terms of office must
be determined by the board.
Section 40-18-40. A majority of the members then serving on the
board is a quorum. The Department of Labor, Licensing and Regulation
shall meet at least four times a year at the times and places that it
determines. Members of the board are entitled to per diem, subsistence,
and mileage as provided by law for members of state boards,
committees, and commissions. The Department of Labor, Licensing and
Regulation may employ a staff and have available as a consultant a
physician licensed by this State.
Section 40-18-50. In addition to the powers and duties set forth
elsewhere in this chapter, the board has these powers and duties to:
(1) adopt regulations to carry out the this chapter;
(2) adopt standards for the practice of electrology;
(3) keep records of its proceedings;
(4) keep a list of all currently licensed electrologists and licensed
electrology instructors;
(5) submit an annual report to the Governor and the General
Assembly;
(6) establish continuing education requirements;
(7) refer to the Attorney General any alleged violation of this
chapter;
(8) incur necessary expense that relates to the referral of an alleged
violation of the criminal provisions of this chapter; and
(9) review advertising by a licensee or an institution that offers a
program that is approved under this chapter.
Section 40-18-60. The board may set reasonable fees for the
issuance and renewal of licenses and its other services. The board shall
remit all funds collected under this chapter into the general fund of this
State.
Section 40-18-70. (A) Except as otherwise provided in this chapter,
an individual must be licensed by the board before the individual may
practice electrology or teach an electrology education program in this
State.
(B) This section does not apply to a physician licensed pursuant to
Chapter 47, a nurse licensed pursuant to Chapter 33, or a student who is
practicing electrology as part of an approved clinical electrology
education program.
Section 40-18-80. (A) To qualify for a license an applicant must
be of good moral character, at least eighteen years of age, and except as
otherwise provided in this chapter, be a high school graduate or have
completed equivalent education and have completed satisfactorily:
(1) an electrology education program approved under this chapter
and taught by a licensed electrology instructor that includes:
(a) instruction in the theory of electrology of at least two
hundred hours; and
(b) instruction in the clinical practice of electrology of at least
four hundred hours.
(2) an electrology education program in any other state that the
board determines is substantially equivalent to that required by this
section.
(B) Except as otherwise provided in this chapter, the applicant shall
pass an examination administered by the board under this chapter.
(C) In addition to the other requirements of this section, an applicant
for an electrology instructor license must:
(1) be a licensed electrologist;
(2) have practiced electrology actively for at least five years
immediately before applying; and
(3) pass the electrology instructor examination.
Section 40-18-90. To apply for a license, an applicant shall:
(1) submit to the board an application on the form that the board
requires;
(2) submit to the board evidence of compliance with the
requirements of Section 40-18-80;
(3) pay to the board an examination fee set by the board in
regulation.
Section 40-18-100. (A) The board shall administer examinations to
applicants at least once a year at the times and places that the board
determines. The board may give reexaminations to applicants who fail
all or part of the examination at the times and places that the board
determines. The board shall notify each qualified applicant of the time
and place of examination.
(B) Except as otherwise provided under this chapter, the board shall
determine the subjects, scope, form, and passing score for examinations
given under this chapter. An examination shall include a section on the
theory of electrology and a section on the clinical practice of
electrology.
(C) An applicant may retake an examination or a failed section of an
examination after paying the board a reexamination fee set by the board
in regulation. An applicant who fails two reexaminations may retake the
examination only if the applicant:
(1) retakes the entire examination;
(2) pays the full examination fee; and
(3) completes an education program that the board requires.
(D) Unless authorized by the board, the consumer members may not
participate in any activity related to examinations under this chapter.
Section 40-18-110. The board may waive the theory section of the
examination for an individual who is licensed to practice electrology in
any other state if the applicant:
(1) pays the license fee required by Section 40-18-120; and
(2) provides adequate evidence that the applicant:
(a) meets the qualifications otherwise required by this chapter;
(b) became licensed in the other state after passing in that or any
other state an examination that is substantially equivalent to the
examination for which the applicant is seeking the waiver; and
(c) became licensed in the other state after meeting requirements
that are substantially equivalent to the requirements of this chapter.
Section 40-18-120. The board shall issue a license to an applicant
who meets the requirements of this chapter and pays the license fee set
by the board in regulation. The board shall include on each license a
license designation as an electrologist license or an electrology
instructor license.
Section 40-18-130. (A) An electrologist license issued under this
chapter authorizes the licensee to practice electrology while the license
is in effect.
(B) An electrology instructor license issued under this chapter
authorizes the licensee to practice electrology and to teach an
electrology education program while the license is in effect.
Section 40-18-140. (A) A license issued under this chapter is valid
for one year and must be renewed annually. At least two months before
the license expires, the board shall send to the licensee, by first-class
mail to the last known address of 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 board for the renewal to be issued and mailed before the license
expires; and
(3) the amount of the renewal fee as set by the board in
regulation.
(B) The board shall renew the license of a licensee who submits a
renewal application on the form provided by the board, pays the renewal
fee, and submits satisfactory evidence of compliance with any
continuing education requirement set by the board in regulation for
license renewal.
Section 40-18-150. (A) The board shall place a licensee on inactive
status if the licensee submits to the board an application for inactive
status on the form required by the board and the inactive status fee set
by the board in regulation. The board shall reactivate the license of an
individual who is on inactive status if the individual complies with any
continuing education requirement established by the board for this
purpose and pays a reactivation fee set by the board in regulation.
(B) The board, in accordance with its regulations, shall reinstate the
license of an individual who has failed to renew the license for any
reason if the individual:
(1) otherwise is entitled to be licensed;
(2) complies with any continuing education requirement
established by the board for this purpose;
(3) pays all past due renewal fees and a reinstatement fee set by
the board; and
(4) applies to the board for reinstatement of the license within five
years after the license expires.
(C) The board may not reinstate the license of an electrologist or an
electrology instructor who fails to apply for reinstatement of the license
within five years after the license expires. However, the electrologist or
electrology instructor may become licensed by meeting the current
requirements for obtaining a new license under this chapter.
Section 40-18-160. Unless the board agrees to accept the surrender
of a license, a licensed electrologist or licensed electrology instructor
may not surrender the 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. However, the board 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 40-18-170. (A) Subject to the hearing provisions of Section
40-18-190, the board may deny a license to an applicant, reprimand a
licensee, place a licensee on probation, or suspend or revoke the license
if the applicant or licensee:
(1) fraudulently or deceptively obtains or attempts to obtain 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 does any act
that exceeds the scope of the practice of electrology;
(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 any appeal or
other proceeding is pending to have the conviction or plea set aside;
(7) is disciplined by a licensing or disciplinary authority of any
other state or country or convicted or disciplined by a court of any state
or country for an act that would be grounds for disciplinary action under
the board's
disciplinary statutes;
(8) provides professional services while under the influence of
alcohol or using a narcotic or controlled substance, as defined in Section
44-53-110 or other drug that is in excess of therapeutic amounts or
without valid medical indication;
(9) uses types of instruments or procedures in the practice of
electrology that are not approved by the board;
(10) advertises in a manner that violates this chapter;
(11) uses a title not authorized by this chapter;
(12) practices electrology with an unauthorized person or
supervises or aids an unauthorized person in the practice of electrology;
(13) wilfully makes or files a false report or record in the practice
of electrology;
(14) 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;
(15) submits a false statement to collect a fee;
(16) violates a regulation promulgated by the board;
(17) uses or promotes or causes the use of misleading, deceiving,
or untruthful advertising matter, promotional literature, or testimonial;
(18) is professionally, physically, or mentally incompetent;
(19) promotes the sale of devices, appliances, or goods to a patient
so as to exploit the patient for financial gain;
(20) behaves immorally in the practice of electrology; or
(21) commits an act of unprofessional conduct in the practice of
electrology.
(B) An individual whose license has been revoked or suspended by
the board shall return the license to the board. If at that time the license
is lost, the individual shall send a sworn statement to this effect to the
board.
Section 40-18-180. (A) If after a hearing under Section 40-18-190
the board finds that there are grounds under Section 40-18-170 to
suspend or revoke a license, the board may impose a penalty not
exceeding six thousand dollars instead of suspending the license or in
addition to suspending or revoking the license.
(B) The board shall promulgate regulations to set standards for the
imposition of penalties under this section.
(C) The board shall pay any penalty collected under this section into
the general fund of the State.
Section 40-18-190. (A) Before taking any action under Section
40-18-170 or Section 40-18-240, the board shall give the person against
whom the action is contemplated an opportunity for a hearing before the
board.
(B) The board shall give notice and hold the hearing in accordance
with the Administrative Procedures Act.
(C) The person may be represented at the hearing by counsel.
(D) The board may issue subpoenas and administer
oaths in connection with any proceeding under this section.
(E) If after due notice the person against whom the action is
contemplated fails or refuses to appear, the board may hear and
determine the matter in the person's absence.
Section 40-18-200. A person aggrieved by a final decision of the
board may appeal to an administrative law judge pursuant to Article 5,
Chapter 23, Title 1.
Section 40-18-210. If a license is suspended or revoked for a period
of more than one year, the board may reinstate the license after one year.
Section 40-18-220. In addition to the other powers and duties
provided in this chapter, the board, with regard to electrology education
programs, shall:
(1) set standards by which a program may be approved;
(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 board under Section
40-18-230; and
(5) encourage schools of higher learning to establish programs of at
least two years' credit in the theory and practice of electrology.
Section 40-18-230. (A) Before an institution may operate an
electrology education program in this State, the board shall approve the
program.
(B) The board shall approve an electrology education program in this
State if:
(1) the Commission on Higher Education approves the program;
and
(2) the institution that offers the program submits evidence to the
board that the institution is prepared to:
(a) meet the standards set by the board under this chapter: and
(b) carry out an education program in:
(i) the theory of electrology in accordance with the
provisions of Section 40-18-80; or
(ii) the clinical practice of electrology in accordance with the
provisions of Section 40-18-80.
(C) The board periodically may evaluate electrology programs in this
State and prepare a written report. If an institution that offers an
approved electrology education program violates any of the standards
set by the board under this chapter, the board shall give the institution
specific written notice of the violation.
Section 40-18-240. (A) The board may remove an institution from
a list of institutions that offer approved electrology education programs
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
chapter;
(4) violates the standards set under this chapter 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 chapter.
(B) Any action taken under this section must be
in accordance with the notice and hearing provisions of the
Administrative Procedures Act.
Section 40-18-250. A licensee may use only 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.'. A licensee may use the title `Certified Professional
Electrologist' and the abbreviation `C.P.E.' if the licensee has been
issued a certificate by the International Board of Electrology
Certification of the American Electrology Association.
Section 40-18-260. A licensee may not advertise in a manner that is
unreasonable, misleading, or fraudulent. An institution that offers an
approved electrology education program may not advertise in a manner
that is unreasonable, misleading, or fraudulent.
Section 40-18-270. The board shall promulgate regulations that
specify the types of instruments and procedures that the board approves
for use in the practice and teaching of electrology. A licensee may use
only those types of instruments and procedures in the practice of
electrology or teaching of the clinical practice of electrology that are
approved by the board.
Section 40-18-280. 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 by
the board.
Section 40-18-290. Unless authorized to practice electrology or to
teach an electrology education program under this chapter, a person may
not represent to the public by title, by description of services, methods,
or procedures, or otherwise that the person is authorized to practice
electrology or to teach an electrology education program in this State.
Section 40-18-300. A licensee may not use any title except the titles
authorized by Section 40-18-250.
Section 40-18-310. A person who violates this chapter is guilty of a
misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or imprisoned not more than six months, or
both."
SECTION 2. Section 1-30-65(C) of the 1976 Code, as added by Act
181 of 1993, is amended by adding in the appropriate place
alphabetically:
"Electrologists Board provided for at Section 40-18-5, et
seq."
SECTION 3. This act takes effect upon approval by the Governor.
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