PRINTER'S NO. 830
No. 766 Session of 1989
INTRODUCED BY SALVATORE, ANDREZESKI AND PORTERFIELD,
MARCH 31, 1989
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 31, 1989
AN ACT
1 Regulating the practice of electrolysis and thermolysis;
2 creating the State Board of Electrologists and conferring
3 powers and duties on the board; and imposing penalties.
4 TABLE OF CONTENTS
5 Chapter 1. General Provisions
6 Section 101. Short title.
7 Section 102. Definitions.
8 Chapter 2. Board
9 Section 201. Creation; members; officers.
10 Section 202. Staff.
11 Section 203. Powers and duties.
12 Chapter 3. Licensing
13 Section 301. Requirement.
14 Section 302. Qualifications.
15 Section 303. Procedure.
16 Section 304. Examinations.
17 Section 305. Issuance.
18 Section 306. Fee.
1 Section 307. Term and renewal.
2 Section 308. Inactive status.
3 Section 309. Reinstatement.
4 Chapter 4. Education and Procedures
5 Section 401. Board approval.
6 Section 402. Standards.
7 Section 403. Procedure.
8 Section 404. Withdrawal of approval.
9 Section 405. List.
10 Section 406. Instruments and procedures.
11 Chapter 5. Advertising
12 Section 501. Titles.
13 Section 502. Prohibited acts.
14 Chapter 6. Discipline
15 Section 601. Grounds.
16 Section 602. Penalties.
17 Section 603. Procedure.
18 Section 604. Reinstatement.
19 Chapter 7. Criminal Penalties
20 Section 701. Penalty.
21 Chapter 8. Miscellaneous
22 Section 801. Expiration.
23 Section 802. Effective date.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 CHAPTER 1
27 GENERAL PROVISIONS
28 Section 101. Short title.
29 This act shall be known and may be cited as the Electrology
30 and Thermology Practice Act.
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1 Section 102. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Board." The State Board of Electrology created in section
6 201.
7 "Bureau." The Bureau of Professional and Occupational
8 Affairs.
9 "Department." The Department of State of the Commonwealth.
10 "Electrologist." An individual who practices electrology.
11 "Electrology." The removal of hair, permanently, through the
12 use of electrical or thermolitical instruments.
13 "Electrology instructor." An electrologist who teaches the
14 clinical practice of electrology.
15 "Licensee." An electrologist or electrology instructor
16 licensed under this act.
17 "Sponsor." A person who sponsors an education or continuing
18 education program in electrology.
19 CHAPTER 2
20 BOARD
21 Section 201. Creation; members; officers.
22 (a) Creation.--The State Board of Electrologists is created
23 as a departmental administrative board in the Bureau of
24 Professional and Occupational Affairs in the Department of
25 State.
26 (b) Membership.--The board shall consist of seven members,
27 who must be citizens of this Commonwealth, as follows:
28 (1) For initial appointments, three members must be
29 electrologists. For subsequent appointments, these three
30 members must be licensed electrologists.
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1 (2) For initial appointments, two members must be
2 electrology instructors. For subsequent appointments, these
3 two members must be licensed electrology instructors.
4 (3) Two members must be members of the general public.
5 These members must not:
6 (i) Be electrologists or be in training to be
7 electrologists.
8 (ii) Have been electrologists or have been in
9 training to be electrologists.
10 (iii) Have a household member who is or has been an
11 electrologist or who is or has been in training to be an
12 electrologist.
13 (iv) Participate or have participated in a
14 commercial or professional field related to electrology.
15 (v) Have a household member who participates in a
16 commercial or professional field related to electrology.
17 (vi) Have, or have had within two years prior to
18 membership, a financial interest in a person regulated by
19 the board.
20 (c) Appointment.--Members of the board shall be appointed by
21 the Governor, subject to the consent of two-thirds of the
22 members elected to the Senate.
23 (d) Terms.--Terms of office are as follows:
24 (1) Members under subsection (b)(1) shall serve terms of
25 three years.
26 (2) Members under subsection (b)(2) and (3) shall serve
27 terms of two years.
28 (e) Removal.--The Governor may remove a member of the board
29 for incompetence or misconduct.
30 (f) Vacancies.--If a board member is unable to complete the
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1 term, the Governor shall appoint a successor for that term,
2 subject to the consent of two-thirds of the members elected to
3 the Senate.
4 (g) Officers.--The board shall elect a chairman and a
5 secretary from among its members. These officers shall serve
6 one-year terms.
7 (h) Quorum.--A majority of the members constitute a quorum.
8 (i) Meetings.--The board shall meet at least four times a
9 year at times and places it determines.
10 (j) Expenses and compensation.--The department shall
11 reimburse members of the board for reasonable travel, lodging
12 and other necessary expenses. The bureau shall pay members of
13 the board $60 per day when the members are engaged in the
14 performance of their official duties.
15 Section 202. Staff.
16 The department shall assign employees to the board as it
17 deems necessary to administer this act.
18 Section 203. Powers and duties.
19 The board has the following powers and duties:
20 (1) To record its proceedings.
21 (2) To maintain a list of currently licensed
22 electrologists and electrology instructors.
23 (3) To promulgate regulations to set standards for the
24 practice of electrology which will protect the health and
25 safety of the citizens of this Commonwealth and establish
26 professional competence. Regulations under this paragraph
27 include:
28 (i) Professional standards.
29 (ii) Basic and continuing education requirements.
30 (iii) Types of instruments and procedures.
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1 (4) To investigate possible violations of this act and
2 of regulations promulgated under paragraph (3).
3 (5) To refer to the Attorney General possible violations
4 of this act or of regulations promulgated under paragraph
5 (3).
6 CHAPTER 3
7 LICENSING
8 Section 301. Requirement.
9 (a) General rule.--A person licensed as an electrologist may
10 practice electrology. A person licensed as an electrology
11 instructor may practice electrology or teach the clinical
12 practice of electrology.
13 (b) Prohibition.--A person may not practice electrology or
14 teach the clinical practice of electrology without a license
15 issued by the board.
16 (c) Exception.--Subsection (b) does not apply to a student
17 who is practicing electrology as part of an approved clinical
18 electrology education program under Chapter 4.
19 Section 302. Qualifications.
20 (a) Electrologists.--To qualify for a license as an
21 electrologist, an applicant must:
22 (1) Be at least l8 years of age.
23 (2) Be of good moral character.
24 (3) Be a high school graduate or have completed
25 education deemed equivalent under regulations of the State
26 Board of Education.
27 (4) Have satisfactorily completed one of the following:
28 (i) An electrology education program that is
29 approved by the board under Chapter 4.
30 (ii) An electrology education program of another
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1 state that the board determines meets the requirements of
2 section 402.
3 (b) Electrology instructor.--To qualify for a license as an
4 electrology instructor, an applicant must:
5 (1) Meet the requirements of subsection (a).
6 (2) Have practiced electrology for at least five years.
7 Section 303. Procedure.
8 To receive a license, an applicant:
9 (1) Shall submit to the board an application form
10 established by the board. The form shall require sufficient
11 information to identify the applicant, request a license and
12 demonstrate compliance with section 302.
13 (2) Shall pay to the board a fee of $5 for examination.
14 The fee for reexamination is $3.
15 (3) Shall take an examination.
16 (4) Must pass the examination.
17 (5) Shall pay the fee under section 306.
18 Section 304. Examinations.
19 (a) General rule.--After the application is submitted under
20 section 303, the board will determine whether an applicant is
21 qualified. Qualified applicants may take examinations.
22 (b) Time and place.--The board shall give at least one
23 examination per year for electrologists and at least one
24 examination per year for electrology instructors. The board
25 shall give as many reexaminations as there are examinations in a
26 year. The board shall determine the time and place of
27 examinations and reexaminations. The board shall notify
28 qualified applicants of the time and place of the examination.
29 The board shall notify failing applicants of the time and place
30 of reexamination.
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1 (c) Subject and method.--The board shall determine for
2 examinations, by regulation promulgated under section 203(3),
3 the following:
4 (1) Subjects, which shall include the theory and
5 clinical practice of electrology.
6 (2) Scope.
7 (3) Form.
8 (4) Passing score. The board may determine passing
9 scores for the entire examination or for each section.
10 (d) Reexamination.--For examinations on which there is a
11 passing score for the entire examination, an applicant either
12 passes or fails the entire examination. Upon failure an
13 applicant may take up to two reexaminations of the entire
14 examination. For examinations on which there is a passing score
15 on each section, an applicant passes or fails each section. Upon
16 failure an applicant may take up to two reexaminations of the
17 sections failed. If an applicant fails an examination and two
18 reexaminations, the applicant must complete an education program
19 specified by regulation under section 203(3), pay the
20 examination fee under section 303(2) and take the entire
21 examination.
22 (e) Waiver.--The board may waive examination in the
23 following situations:
24 (1) For an applicant who is licensed to practice
25 electrology or to teach electrology in another state, the
26 board may waive the theory section of the examination if the
27 applicant:
28 (i) Submits an application and pays a fee under
29 section 303(2).
30 (ii) Has passed, in the other state, an examination
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1 determined by the board to be substantially equivalent to
2 the examination sought to be waived.
3 (iii) Has been licensed in the other state by
4 meeting requirements determined by the board to be
5 substantially equivalent to this chapter.
6 (2) For an applicant practicing or teaching electrology
7 on the effective date of this act, the board may waive the
8 examination if the applicant:
9 (i) Submits an application under section 303(1)
10 within one year of the effective date of this act.
11 (ii) Is a resident of this Commonwealth.
12 (iii) Has practiced or taught electrology in this
13 Commonwealth for two years prior to application.
14 (iv) Has a certificate evidencing completion of 125
15 credit hours of electrolysis or thermolysis training from
16 a licensed school of cosmetology or a school of
17 electrolysis or thermolysis approved by the board.
18 Section 305. Issuance.
19 The board shall issue a license to a qualified applicant who
20 passes an examination. The license shall specify a designation
21 of electrologist or electrology instructor.
22 Section 306. Fee.
23 The fee for an initial license or a renewal license is $25.
24 Section 307. Term and renewal.
25 (a) Term.--A license is valid from the date of issue or
26 renewal until the last day of a month, specified by the board in
27 a regulation under section 203(3), of the second year following
28 the year in which the license is issued or renewed. The
29 regulation under this subsection shall insure that all licenses
30 expire at the same time of the year and shall facilitate license
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1 renewal administration.
2 (b) Renewal notice.--At least one month prior to the
3 expiration of a license, the board shall send the licensee a
4 renewal notice and a renewal application. The notice and
5 application shall be sent by first class mail to the address of
6 the licensee on file with the board. The notice shall state the
7 date of expiration, the fee under section 306 and the date by
8 which the renewal application under subsection (c) and the fee
9 must be received. The application shall be on a form established
10 by the board.
11 (c) Renewal procedure.--In order to renew a license, a
12 licensee shall complete the application for renewal and submit
13 payment of the fee under section 306. Upon receipt of the
14 application and payment, the board shall issue a renewed
15 license.
16 Section 308. Inactive status.
17 (a) Initial.--A licensee may elect inactive status for a
18 license by doing the following:
19 (1) Submit to the board an application on a form
20 established by the board.
21 (2) Pay a fee of $10.
22 (b) Renewal.--A licensee may renew inactive status every two
23 years by complying with subsection (a).
24 Section 309. Reinstatement.
25 (a) Expired licenses.--If a license expires, the individual
26 may have it reinstated under this subsection.
27 (1) The individual shall submit to the board an
28 application for reinstatement on a form established by the
29 board. The form under this paragraph shall require sufficient
30 information to identify the person, request a license,
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1 demonstrate compliance with section 302 and explain the
2 reason for expiration.
3 (2) If the board determines, on the basis of the
4 application under paragraph (1), that reinstatement of the
5 license will be in keeping with the protection of the health
6 and safety of the citizens of this Commonwealth and the
7 establishment of professional competence, the board shall
8 notify the person and send the person a bill for past renewal
9 fees and a reinstatement fee of $10.
10 (3) The person shall pay the bill under paragraph (2).
11 (4) The board shall reinstate the license.
12 (b) Inactive licenses.--If a license is inactive, the person
13 may have it reinstated by complying with section 307(c) and
14 paying a reactivation fee of $10.
15 CHAPTER 4
16 EDUCATION AND PROCEDURES
17 Section 401. Board approval.
18 A basic education or continuing education program in
19 electrology may not operate in this Commonwealth without
20 approval by the board.
21 Section 402. Standards.
22 The board shall set standards for approval of electrology
23 basic education, and continuing education programs are to be
24 approved. Standards under this section shall be promulgated as
25 regulations under section 203(3).
26 Section 403. Procedure.
27 (a) Application.--A sponsor shall apply to the board for
28 approval on a form established by the board. The form shall
29 require sufficient information to describe the program in light
30 of the standards under section 402 and identify the geographical
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1 area to be served by the program.
2 (b) Fee.--The application under subsection (a) shall be
3 accompanied by a fee of $100.
4 (c) Investigation.--The board shall investigate programs to
5 determine compliance with section 402 and the need for the
6 program in the geographical area. The decision of the board is
7 subject to judicial review under 2 Pa.C.S. Ch. 7 Subch. A
8 (relating to judicial review of Commonwealth agency action).
9 Section 404. Withdrawal of approval.
10 (a) General rule.--The board may withdraw its approval of an
11 education program if the sponsor:
12 (1) Obtains approval by the use of deceit.
13 (2) Acts in a manner inconsistent with generally
14 accepted standards for the practice of electrology.
15 (3) Violates this act or a regulation promulgated under
16 it.
17 (4) Ceases to qualify under section 402.
18 (5) Ceases to operate its program.
19 (b) Procedure.--A decision of the board under subsection (a)
20 is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
21 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
22 to judicial review of Commonwealth agency action).
23 Section 405. List.
24 The board shall maintain a list of approved schools. The list
25 shall be available to the public for the reasonable cost of
26 copying.
27 Section 406. Instruments and procedures.
28 (a) Approval by board.--The board shall adopt rules and
29 regulations that specify the types of instruments and procedures
30 that the board approves for use in the practice and teaching of
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1 electrology.
2 (b) Permitted instruments and procedures.--A licensee may
3 use only those type of instruments and procedures in the
4 practice of electrology or teaching of the clinical practice of
5 electrology that are approved by the board.
6 CHAPTER 5
7 ADVERTISING
8 Section 501. Titles.
9 A licensee who is licensed as an electrologist may use the
10 title "Licensed Electrologist" and the abbreviation "L.E." A
11 licensee who is licensed as an electrology instructor may use
12 the title "Licensed Electrology Instructor" and the abbreviation
13 "L.E.I."
14 Section 502. Prohibited acts.
15 A licensee or an approved sponsor may not advertise in a
16 manner that is unreasonable, misleading or fraudulent.
17 CHAPTER 6
18 DISCIPLINE
19 Section 601. Grounds.
20 A licensee is subject to discipline if the licensee:
21 (1) Deceptively obtains a license.
22 (2) Deceptively uses a license.
23 (3) Knowingly does an act which exceeds the scope of the
24 practice of electrology.
25 (4) Is grossly negligent in practicing electrology or
26 teaching the clinical practice of electrology.
27 (5) Acts in a manner inconsistent with generally
28 accepted standards for the practice of electrology.
29 (6) Is found guilty of or pleads guilty or no contest to
30 a felony or an offense involving moral turpitude.
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1 (7) Is disciplined by a licensing or disciplinary
2 authority of another state.
3 (8) Provides professional services while:
4 (i) Under the influence of alcohol to a degree which
5 renders the licensee incapable of properly discharging
6 professional duties.
7 (ii) Under the influence of a controlled substance
8 within the meaning of the act of April 14, 1972 (P.L.233,
9 No.64), known as The Controlled Substance, Drug, Device
10 and Cosmetic Act, to a degree which renders the licensee
11 incapable of properly discharging professional duties.
12 (9) Is adjudicated incompetent under 20 Pa.C.S. Ch. 55
13 (relating to incompetents).
14 (10) Intentionally files a false report or record in the
15 practice of electrology.
16 (11) Intentionally:
17 (i) Fails to file a required report.
18 (ii) Impedes the filing of a required report.
19 (iii) Induces another person to fail to file a
20 required report.
21 (12) Submits a false statement to collect a fee.
22 (13) Violates this act or a regulation promulgated under
23 it.
24 (14) Is professionally, physically or mentally
25 incompetent.
26 Section 602. Penalties.
27 The board, after a determination of grounds under section 601
28 at a proceeding under section 603, may impose the following
29 penalties:
30 (1) Fine of up to $5,000.
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1 (2) Suspension of license.
2 (3) Revocation of license.
3 Section 603. Procedure.
4 Disciplinary proceedings are subject to 2 Pa.C.S. Ch. 5
5 Subch. A (relating to practice and procedure of Commonwealth
6 agencies) and Ch. 7 Subch. A (relating to judicial review of
7 Commonwealth agency action).
8 Section 604. Reinstatement.
9 (a) General rule.--A licensee whose license is revoked or
10 suspended for more than one year may apply for reinstatement
11 under this section.
12 (1) The licensee shall submit to the board an
13 application for reinstatement on a form established by the
14 board. The form shall require sufficient information to
15 identify the applicant, request a license, demonstrate
16 compliance with section 302 and allege justification for
17 reinstatement.
18 (2) After a proceeding under subsection (b), the board
19 shall determine whether reinstatement will be in keeping with
20 the protection of the health and safety of the citizens of
21 the Commonwealth and the establishment of professional
22 competence.
23 (3) If the board orders reinstatement, it shall send the
24 applicant a bill for past renewal fees and for a
25 reinstatement fee of $10.
26 (b) Procedure.--Proceedings under subsection (a)(2) are
27 subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
28 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
29 to judicial review of Commonwealth agency action).
30 CHAPTER 7
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1 CRIMINAL PENALTIES
2 Section 701. Penalty.
3 A person who violates this act commits a misdemeanor of the
4 third degree and shall, upon conviction, be sentenced to pay a
5 fine of $1,000 or to imprisonment for not more than six months,
6 or both.
7 CHAPTER 8
8 MISCELLANEOUS
9 Section 801. Expiration.
10 This act shall expire December 31, 1997.
11 Section 802. Effective date.
12 This act shall take effect as follows:
13 (1) Chapters 1, 2 and 8 shall take effect in 60 days.
14 (2) The remainder of this act shall take effect in 240
15 days.
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