Current Status Introducing Body:House Bill Number:4047 Primary Sponsor:D. Wilder Committee Number:12 Type of Legislation:GB Subject:Electrologists Residing Body:Senate Current Committee:Labor, Commerce & Industry Companion Bill Number:1275 Computer Document Number:436/11205AC.93 Introduced Date:19930414 Date of Last Amendment:19940412 Last History Body:Senate Last History Date:19940414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:D. Wilder Barber Moody-Lawrence Hines Stille Haskins J. Wilder Cato Trotter Marchbanks Stoddard J. Bailey P. Harris Allison Harrell H. Brown Lanford Rogers Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4047 Senate 19940414 Introduced, read first time, 12
referred to Committee
4047 House 19940413 Read third time, sent to
Senate
4047 House 19940412 Amended, read second time
4047 House 19940406 Debate adjourned until
Tuesday, April 12, 1994
4047 House 19940406 Amended
4047 House 19940324 Committee Report: Favorable 27
with amendment
4047 House 19930414 Introduced, read first time, 27
referred to Committee
View additional legislative information at the LPITS web site.
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.
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:
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.