Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3952
STATUS INFORMATION
General Bill
Sponsors: Rep. Mitchell
Document Path: l:\council\bills\nbd\11402ac07.doc
Introduced in the House on April 24, 2007
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Electrology Practice Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
4/24/2007 House Introduced and read first time HJ-2
4/24/2007 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-2
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 13, TITLE 40 SO AS TO ESTABLISH THE ELECTROLOGY LICENSURE AND REGULATORY COMMITTEE, AN ADVISORY COMMITTEE UNDER THE STATE BOARD OF COSMETOLOGY; TO PROVIDE FOR THE COMMITTEE'S MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE FOR THE APPROVAL OF ELECTROLOGY EDUCATION PROGRAMS; TO PROVIDE FEES AND PENALTIES; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ELECTROLOGY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 40 of the 1976 Code is amended by adding:
Section 40-13-605. This article may be cited as the 'South Carolina Electrology Practice Act'.
Section 40-13-610. As used in this article:
(1) 'Board' means the State Board of Cosmetology.
(2) 'Committee' means the Electrology Licensure and Regulatory Committee.
(3) 'Electrologist' means an individual who practices electrology.
(4) 'Electrology instructor' means an individual who practices electrology and teaches an electrology education program.
(5) '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.
(6) 'Licensed electrologist' means an electrologist who is licensed pursuant to this article to practice electrology.
(7) 'Licensed electrology instructor' means an electrologist who is licensed pursuant to this article to practice electrology and teach an electrology education program.
(8) '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 blend.
Section 40-13-620. (A) There is created the Electrology Licensure and Regulatory Committee, an advisory committee under the auspices of the State Board of Cosmetology. The committee shall consist 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 of the committee upon the advise and consent of the Senate.
(B) Each member of the committee must be a resident of this State, and each electrologist member of the board must have practiced electrology actively in this State for at least five years immediately before appointment to the board.
(C) No consumer member of the committee:
(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 pursuant to this article; or
(6) while serving on the committee, may have a substantial financial interest in a person regulated pursuant to this article.
(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 40-13-630. (A) From among its members, the committee 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 committee.
Section 40-13-640. A majority of the members then serving on the committee constitutes a quorum. The committee shall meet at least two times a year at times and places that it determines. Members of the committee are entitled to per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions. The committee may employ a staff and have a physician licensed by this State available as a consultant.
Section 40-13-650. In addition to the powers and duties set forth elsewhere in this article, the committee shall:
(1) recommend to the board the promulgation of regulations to carry out the provisions of this article;
(2) adopt standards for the practice of electrology to be promulgated by the board in regulation;
(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 board for submission to the Governor and the General Assembly;
(6) recommend continuing education requirements to be promulgated by the board in regulation;
(7) conduct investigations and hearings under the auspices of the board concerning any alleged violations of this article and make findings and recommendations to the board for penalties and sanctions for such violations;
(8) incur necessary expenses that relate to the referral of an alleged violation of the criminal provisions of this article;
(9) review advertising by a licensee or an institution that offers a program that is approved under this article; and
(10) conduct random inspections of electrology offices for compliance with provisions of this article and regulations promulgated pursuant to this article.
Section 40-13-660. The committee may establish reasonable fees to be promulgated by the board in regulation for the issuance and renewal of licenses and its other services. The committee shall remit all funds collected under this article to the board to be deposited with the State Treasurer for the general fund of this State.
Section 40-13-670. (A) Except as otherwise provided in this article, an individual must be licensed by the board, upon the recommendation of the committee, before the individual may practice electrology or teach an electrology education program in this State.
(B) This section does not apply to a student who is practicing electrology as part of an approved clinical electrology education program.
Section 40-13-680. (A) To qualify for a license, an applicant must be of good moral character, be at least eighteen years of age, and except as otherwise provided in this article, be a high school graduate or have completed equivalent education and have satisfied one of the following:
(1) successfully completed an electrology education program approved under this article and taught by a licensed electrology instructor that includes:
(a) instruction in the theory of electrology of at least two hours; and
(b) instruction in the clinical practice of electrology of at least four hundred hours;
(2) successfully completed an electrology education program in any other state that the committee determines is substantially equivalent to that required by this section; or
(3) engaged in the practice of electrology in another state for the five years preceding submission of an application for at least four hundred hours in each year and have submitted a notarized affidavit attesting to this requirement.
(B) Except as otherwise provided in this article, the applicant shall pass the International Board of Electrologist Certification examination administered in accordance with regulations promulgated pursuant to this article.
(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 of the American Electrology Association in accordance with regulations promulgated pursuant to this article.
Section 40-13-690. To apply for a license, an applicant shall:
(1) submit to the committee an application on a form prescribed by the committee;
(2) submit to the committee evidence of compliance with the requirements of Section 40-13-680; and
(3) pay to the committee an examination fee, as provided for in regulation.
Section 40-13-700. (A) The committee shall administer examinations to applicants at least once a year at the times and places that the committee determines. The committee may give reexaminations to applicants who fail all or part of the examination at the times and places that the committee determines. The committee shall notify each qualified applicant of the time and place of examination.
(B) Except as otherwise provided for under this article, the committee shall determine 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 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 committee a reexamination fee, as provided for 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 as required by the committee.
(D) Unless authorized by the committee, the consumer member may not participate in any activity related to examinations required pursuant to this article.
Section 40-13-710. The committee may waive the theory section of the examination for an individual who is licensed to practice electrology in another state if the applicant:
(1) pays the license fee promulgated in regulation; and
(2) provides adequate evidence that the applicant:
(a) meets the qualifications otherwise required by this article;
(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 article.
Section 40-13-720. The board upon the recommendation of the committee shall issue a license to an applicant who meets the requirements of this article and pays the license fee provided for in regulation. The committee shall include on each license a license designation as an electrologist license or an electrology instructor license.
Section 40-13-730. (A) An electrologist license issued pursuant to this article authorizes the licensee to practice electrology while the license is in effect.
(B) An electrology instructor license issued pursuant to this article authorizes the licensee to practice electrology and to teach an electrology education program while the license is in effect.
Section 40-13-740. (A) A license issued pursuant to this article is valid for one year and must be renewed annually. At least two months before the license expires, the committee 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 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 regulation.
(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, and submits satisfactory evidence of compliance with any continuing education requirement, as provided for in regulation for license renewal.
Section 40-13-750. (A)(1) The committee shall place a licensee on inactive status if the licensee submits to the committee an application for inactive status on a form prescribed by the committee and the inactive status fee provided for in regulation.
(2) The committee shall reactivate the license of an individual who is on inactive status if the individual complies with any continuing education requirement established by the committee for this purpose and pays a reactivation fee provided for in regulation.
(B) The board, upon the recommendation of the committee, 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 committee for this purpose;
(3) pays all past due renewal fees and a reinstatement fee as provided for in regulation; and
(4) applies to the committee for reinstatement of the license within five years after the license expires.
(C) The board, upon the recommendation of the committee, 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 article.
Section 40-13-760. Unless the committee agrees to accept the surrender of a license, a licensed electrologist or licensed electrology instructor may not surrender his or her 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 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 40-13-770. (A) Subject to the hearing provisions of Section 40-13-790, the board, upon the recommendation of the committee, may deny a license to an applicant, 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 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 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 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 committee;
(10) advertises in a manner that violates this article;
(11) practices electrology with an unauthorized person or supervises or aids an unauthorized person in the practice of electrology;
(12) wilfully makes or files a false report or record in the practice of electrology;
(13) 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;
(14) submits a false statement to collect a fee;
(15) violates a regulation promulgated pursuant to this article;
(16) uses or promotes or causes the use of misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;
(17) is professionally, physically, or mentally incompetent;
(18) promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
(19) behaves immorally in the practice of electrology;
(20) commits an act of unprofessional conduct in the practice of electrology; or
(21) does not comply with infection control standards for the practice of electrology as established by the American Electrology Association.
(B) An individual whose license has been revoked or suspended pursuant to this article shall return the license to the committee. If at that time the license is lost, the individual shall submit a sworn statement to this effect to the committee.
Section 40-13-780. (A) If after a hearing under Section 40-13-790 the committee finds that there are grounds under Section 40-13-770 to suspend or revoke a license, the board, upon recommendation of the committee, 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, upon the recommendation of the committee, shall promulgate regulations to set standards for the imposition of penalties under this section.
(C) The committee shall pay any penalty collected under this section to the board to be remitted to the general fund of the State.
Section 40-13-790. (A) Before taking any action under Section 40-13-770 or Section 40-13-840, 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 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, upon request of the committee, shall issue subpoenas, and the committee shall 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 committee may hear and determine the matter in the person's absence.
Section 40-13-800. 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 40-13-810. 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 40-13-820. In addition to the other powers and duties provided in this article, the committee, with regard to electrology education programs, shall:
(1) establish standards to be promulgated by the board in regulation 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 committee pursuant to Section 40-13-830; and
(5) encourage schools of higher learning to establish programs of at least one credit in the theory and practice of electrology.
Section 40-13-830. (A) Before an institution may operate an electrology education program in this State, the committee shall approve the program.
(B) The committee 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 committee that the institution is prepared to:
(a) meet the standards promulgated in regulation; and
(b) carry out an education program in:
(i) the theory of electrology in accordance with the provisions of Section 40-13-680; or
(ii) the clinical practice of electrology in accordance with the provisions of Section 40-13-680.
(C) The committee 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 promulgated in regulation, the committee shall give the institution specific written notice of the violation.
Section 40-13-840. (A) The committee 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 article;
(4) violates the standards set under 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.
(B) Any action taken under this section must be in accordance with the notice and hearing provisions of the Administrative Procedures Act.
Section 40-13-850. 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 40-13-860. 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 40-13-870. The board, upon the recommendation of the committee, shall promulgate regulations that specify the types of instruments and procedures that the committee 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 in accordance with this section.
Section 40-13-880. 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 in accordance with this article.
Section 40-13-890. Unless authorized to practice electrology or to teach an electrology education program pursuant to this article, 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 40-13-900. A licensee may not use any title except the titles authorized by Section 40-13-850.
Section 40-13-910. A person who violates this article 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. Upon submission of an application prescribed by the Electrology Licensure and Regulation Committee for licensure as an electrologist or electrology instructor and payment of the application fee provided for pursuant to Article 3, Chapter 17, Title 40 of the 1976 Code, the committee shall issue, without written examination, a license to any resident of this State who applies for licensure within one hundred eighty days from the effective date of this act and who:
(1) has completed instruction in electrology and has submitted a diploma or letter from the school administrator verifying the completion of the electrology instruction and has been actively engaged in the practice of electrology for at least five years immediately preceding the date of application for licensure. For purposes of this item, "actively engaged in the practice of electrology" means that a person has been performing electrology as defined in Article 3, Chapter 17, for a minimum of four hundred hours per year for each of the five years immediately preceding the date of application. The applicant shall submit a notarized affidavit stating that the applicant has been actively engaged in the practice of electrology for at least five years immediately preceding the date of application; or
(2) presents evidence of having passed the American Electrology Association Certified Professional Electrology examination.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:36 P.M.