§ 4401. Purpose
The general assembly finds that the public's health would be better protected if services by electrologists were regulated, because the unregulated practice of electrology can harm or endanger the health, safety, or welfare of the public through use of improper sterilization and infection control procedures. Electrology is the procedure performed to remove hair permanently from the human body. This is accomplished by inserting a fine, sterile needle into the hair follicle and applying a measured amount of electricity to produce heat or a chemical reaction to permanently destroy the hair follicle's germinating capacity. The practice of electrology requires adherence to strict sanitary and sterilization processes and, therefore, regulation should be by licensure of electrologists. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 101.)
§ 4402. Definitions
As used in this chapter:
(1) "Director" means the director of the office of professional regulation.
(2) "Disciplinary action" means any action taken by an administrative law officer established under 3 V.S.A. § 129(j) against a certified electrologist or an applicant. It includes all sanctions of any kind, including obtaining injunctions, refusal to grant or renew certification, suspension or revocation of certification, issuing warnings, and other similar sanctions.
(3) "Electrology" means the removal of hair by electrical current using needle/probe electrode-type epilation which would include electrolysis (direct current/DC), thermolysis (alternating current/AC), or a combination of both (superimposed or sequential blend). "Electrology" includes the use by properly trained licensed electrologists of lasers approved by the United States Food and Drug Administration for electrology and as otherwise permitted by Vermont law.
(4) "Electrology office" means a facility regularly used to offer or to perform the practice of electrology.
(5) "Practice of electrology" or "practicing electrology" means engaging in the performance of electrology. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 37, eff. June 13, 2002; 2005, No. 148 (Adj. Sess.), § 49; 2009, No. 103 (Adj. Sess.), § 51.)
§ 4403. Prohibition; penalty
(a) No person shall use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a licensed electrologist unless the person is licensed in accordance with this chapter.
(b) No person shall practice or attempt to practice electrology, or hold himself or herself out as being able to do so, in this state without first having obtained a license as required by this chapter.
(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 102; 2007, No. 29, § 71.)
§ 4404. Director; duties
(a) The director shall have the following duties:
(1) provide general information to applicants for licensure as electrologists;
(2) explain appeal procedures to licensed electrologists and applicants and complaint procedures to the public;
(3) administer fees established by law;
(4) receive applications for licensure, issue licensure to applicants qualified under this chapter, deny or renew licenses, and issue, revoke, suspend, condition, and reinstate licenses as ordered by an administrative law officer;
(5) refer complaints and disciplinary matters to an administrative law officer.
(b) The director may inspect electrology offices used for the practice of electrology. No fee shall be charged for initial inspections under this subsection; however, if the director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee may be charged, as provided in section 4410 of this title. The director may waive all or a part of the reinspection fee in accordance with criteria established by rule.
(c) The director, after consultation with the advisor appointees, may adopt rules necessary to perform the director's duties under this chapter. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 38, eff. June 13, 2002; 2005, No. 27, § 103.)
§ 4405. Advisor appointees
(a) The secretary of state shall appoint two licensed electrologists for five-year terms to serve as advisors in matters relating to electrologists. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years' experience as an electrologist immediately preceding appointment and shall be actively engaged in the practice of electrology in Vermont during incumbency.
(b) The director shall seek the advice of the electrologist advisors in carrying out the provisions of this chapter. Such advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the director for this purpose. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 104.)
§ 4406. Eligibility
To be eligible for licensure as an electrologist, an applicant:
(1) shall not be in violation of any of the provisions of this chapter or rule adopted in accordance with the provisions of the chapter;
(A) have satisfactorily completed a course of study of at least 600 hours at a school of electrolysis approved by the director in consultation with the advisor appointees which meets or exceeds the standards set by the American Electrology Association, and have passed the examination described in section 4407 of this title; or
(B) possess a current license or certification in good standing in another jurisdiction having requirements substantially equivalent to those in this state. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 39, eff. June 13, 2002; 2005, No. 27, § 105; 2009, No. 35, § 40.)
§ 4407. Examination
(a) The director shall examine applicants for licensure as electrologists at such times and places as the director may determine.
(b) Examinations and examination procedures shall be fair and reasonable. They shall be designed to ensure that all applicants who demonstrate possession of the minimal occupational qualifications which are consistent with the public health, safety, and welfare are granted licensure. Examinations shall not be designed or implemented for the purpose of limiting the number of licensees.
(c) The director shall examine applicants for licensure and may use a standardized national examination. The director may limit, by rule, the number of times a person may take an examination. Before selecting the examination, the director shall consult the advisors appointed under section 4405 of this title. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 106.)
§ 4408. Application
A person who desires to be licensed as an electrologist shall apply to the director in writing, on a form furnished by the director, accompanied by payment of a fee required pursuant to section 4412 of this title and evidence that the applicant meets the requirements set forth in section 4406 of this title. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 107.)
§ 4409. Electrology office license
(a) No electrology office shall operate in this state without first obtaining an electrology office license from the office of professional regulation and paying the fee provided in section 4412 of this title. Electrology office applications shall be in the form required by the director.
(b) No electrology office shall be granted a license unless the office complies with this chapter and rules adopted under this chapter.
(c) Each electrology office shall have a designated licensed electrologist responsible for overall cleanliness and sanitation of the office.
(d) The practice of electrology shall be permitted only in licensed electrology offices. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 40, eff. June 13, 2002; 2005, No. 27, § 108.)
§ 4410. Renewals; continuing education
(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes 10 hours of continuing education, approved by the director, during the preceding two-year period. The continuing education requirement begins with the first full two-year renewal period. The director, with the advice of the advisors appointed under section 4405 of this title, shall establish guidelines and criteria for continuing education credit.
(b) Biennially, the director shall forward a renewal form to each licensee. Upon receipt of the completed form and the renewal fee, the director shall issue a new license.
(c) Any application for reinstatement of a license which has lapsed shall be accompanied by the renewal fee and the late renewal penalty. A person shall not be required to pay renewal fees for years during which the license was lapsed.
(d) To demonstrate continuing competence, a person whose license has lapsed for more than five years shall document completion of 10 hours of continuing education and successfully complete the licensing examination prior to reinstatement of the license. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; 2005, No. 27, § 109.)
§ 4411. Unprofessional conduct
(a) Unprofessional conduct includes misusing a title in professional activities and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a licensed electrologist or an applicant.
(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed electrologist or applicant. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2005, No. 27, § 110.)
§ 4412. Fees
In addition to examination fees, applicants and licensees regulated under this chapter shall be subject to the fees set forth in 3 V.S.A. § 125(b) and the following fees:
(1) Initial electrology office license =sr $100.00;
(2) Biennial office license renewal =sr $ 50.00. (Added 2001, No. 129 (Adj. Sess.), § 41, eff. June 13, 2002; amended 2005, No. 27, § 111.)