CHAPTER He-P 1300  ELECTROLOGISTS

 

Statutory Authority:  RSA 314:8

 

PART He-P 1301  DEFINITIONS

 

          He-P 1301.01 Definitions.

 

          (a)  “Advisory committee” means 3 licensed electrologists appointed by the commissioner, in accordance with RSA 314:2-a, to advise the commissioner on general and specific policies involved in electrology, conduct office inspections, and administer the practical examinations.

 

          (b)  “Biological indicator test” means a commercially prepared device with a known population of highly resistant bacterial spores to test the method of sterilization being monitored.

 

          (c)  “Blend” means electrolysis that combines alternating current and direct current.

 

          (d)  “Commissioner” means the commissioner, department of health and human services or his or her designee.

 

          (e)  “Cooperate” means to disclose information requested by the department to enable it to determine compliance with RSA 314 and He-P 1300.

 

          (f)  “Department” means department of health and human services.

 

          (g)  “Didactic” means an instructor-led, live program.

 

          (h)  Electrologist” means “electrologist” as defined in RSA 314:1, III.

 

          (i)  Electrology” means “electrology” as defined in RSA 314:1, IV.  The term includes “galvanic”.

 

          (j)  “Electrolysis” means the process by which hair is removed from the normal skin by the application of an electric current to the hair root by means of needles whether the process employs direct current, alternating electric current or both.

 

          (k)  “Epilation” means removal of the hair.

 

          (l)  “Galvanic” means electrolysis by direct current.

 

          (m)  “Good standing” means that an electrologist has had no deficiencies for which an acceptable plan of correction has not been received and that no administrative action such as imposition of administrative fines, denial of application, suspension or revocation of license has occurred or is pending.

 

          (n) “Impetigo” means a superficial skin infection caused by bacteria, either staphylococci, streptococci, or both.

 

          (o)  “Office” means “office” as defined in RSA 314:1, V.

 

          (p)  “Plan of correction” means a written representation of a revised policy or practice that reflects how an electrologist will come into compliance with a violation of He-P 1300 or RSA 314 as found by the department.

 

          (q)  “Reciprocity” means the recognition of the validity of another state's licensing requirements as being equivalent to or greater than that of RSA 314:3, and in accordance with He-P 1302.02.

 

          (r)  “School” means an institution of learning which has for its purpose the teaching of the theory, practice, and modalities of electrolysis.

 

          (s)  “Skin tags” means tiny benign protrusions of the skin on the neck, armpits, upper trunk and body folds.

 

          (t)  “Spider veins” means a branch growth of dilated capillaries on the skin resembling a spider.

 

          (u)  Thermolysis” means electrolysis by alternating current.

 

Source.  #3125, eff 9-25-85; ss by #5394, eff 5-19-92; ss by #5553, eff 1-11-93; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

PART He-P 1302  ELECTROLOGISTS LICENSE REQUIREMENTS

 

          He-P 1302.01  Initial License Requirements.

 

          (a)  Any person who wishes to engage in the practice of electrolysis shall file an application for an electrologist license.

 

          (b)  Applicants for licensure as an electrologist shall submit an application for licensure which includes the following information: 

 

(1)  The type of application by indicating whether it is for a new or reciprocal license;

 

(2)  The applicant's first, middle and last name;

 

(3)  The applicant's home and mailing address;

 

(4)  The applicant's home telephone number;

 

(5)  A recent 2” x 2” photograph of the applicant’s face;

 

(6)  A notarized copy of a high school diploma or equivalency certificate;

 

(7)  The name and address of the electrology school attended, dates attended and the hours of instruction received;

 

(8)  A notarized copy of the diploma or certificate received from the electrology school;

 

(9)  Verification that the applicant has completed 1,100 hours of education pursuant to He-P 1305.01, including, but not limited to, transcripts from the electrology school in which he or she graduated from;

 

(10)  At least 2 affidavits of professional character from professional associates or, if the applicant graduated less than one year from the time of application, faculty members from the electrology school;

 

(11)  The approximate date the applicant wishes to begin practicing in New Hampshire;

 

(12)  The name of each state where the applicant has held a license or certificate to practice electrolysis and the number of years the applicant has practiced in each state;

 

(13)  If the applicant has ever been denied a license to practice electrolysis or has had a license revoked or suspended;

 

(14)  The name, address and telephone number of the office the applicant intends to work;

 

(15)  The applicant’s date of birth; 

 

(16)  The applicant’s social security number as required by RSA 161-B:11, VI-a; and

 

(17)  Applicant's signature and date signed.

 

          (c)  The completed application shall be:

 

(1)  Submitted to the commissioner; and

 

(2)  Accompanied by:

 

a.  The initial license fee and the application fee as set forth in He-P 1306.01; and

 

b.  Unless the applicant is applying under reciprocity, the examination fee as set forth in He-P 1306.01.

 

          (d)  If the application is denied in accordance with (j) below the application and examination fee shall not be refunded to the applicant.

 

          (e)  The commissioner shall accept the application as being complete or notify the applicant in writing that the application is incomplete, specifying what the applicant needs to submit to complete the application.

 

          (f)  Upon accepting an application, the commissioner shall notify the applicant in writing of his or her acceptance of the application as complete and that a license will be issued upon the applicant’s complying with the examination requirements of He-P 1302.03.  

 

          (g)  The commissioner shall grant a license to any person who:

 

(1)  Has submitted an application that meets the requirements of (b) and (c) above;

 

(2)  Has complied with the examination requirements of He-P 1302.03; and

 

(3)  Has not engaged in an action that would result in denial pursuant to RSA 314:6.

 

          (h)  The commissioner shall send the license to the address shown on the application.

 

          (i)  Licenses issued by the commissioner shall be effective for 2 years.

 

          (j)  The commissioner shall deny any application if the applicant:

 

(1)  Has not met all of the requirements of RSA 314:3 and He-P 1302; or

 

(2)  Has engaged in behavior justifying denial under RSA 314:6.

 

          (k)  The commissioner shall send the decision to deny the application to the applicant at the address shown on the application.

 

          (l)  Notification of denials shall be in accordance with He-P 1303.04 (a), (b), and (c).

 

          (m)  Applicants who fail the written and or practical examinations and wish to reapply shall reapply for initial license in accordance with He-P 1302.01.

 

          (n)  Initial licensees shall permit an office inspection conducted by the advisory committee, as directed by the commissioner, prior to opening an electrology office to ensure compliance with He-P 1304.01 through 1304.05.

 

Source.  #3125, eff 9-25-85; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1302.02  Licensure By Reciprocity.

 

          (a)  An applicant who holds a license or registration from another state whose licensing requirements are equivalent to or greater than those specified by RSA 314 and He-P 1300 may apply for licensure by reciprocity.

 

          (b)  An applicant for licensure by reciprocity shall submit an application for licensure by reciprocity  which includes the following information:

 

(1)  The information required by He-P 1302.01(b);

 

(2)  A written statement from the state in which the applicant is licensed or registered to practice electrolysis verifying that the applicant is licensed in that state and that the license is in good standing; and

 

(3)  Proof that the applicant passed a written examination and a practical examination, administered by the state in which the applicant is licensed, which are equivalent to the examinations described under He-P 1302.03.

 

          (c)  The completed application shall be submitted to the commissioner and be accompanied by the application fee and the initial license fee as set forth in He-P 1306.01.

 

          (d)  If the applicant meets the requirements of (a) through (c) above, the applicant shall be exempt from:

 

(1)  The examinations required by He-P 1302.03; and

 

(2)  The examination fee required by He-P 1306.01.

 

          (e)  The commissioner shall approve an application for licensure by reciprocity if:

 

(1)  The applicant has submitted an application in accordance with He-P 1302.02 (b) and (c);

 

(2)  The commissioner has determined that the applicant is eligible for licensure by reciprocity in accordance with (a)-(c) above; and

 

(3)  The applicant has not engaged in an action that would result in denial pursuant to RSA 314:6.

 

          (f)  Licenses shall be effective for 2 years in accordance with He-P 1302.01 (i).

 

          (g)  The commissioner shall deny the application for licensure by reciprocity if:

 

(1)  The applicant has not submitted an application in accordance with (b) and (c) above;

 

(2)  The commissioner has received written verification from the other state of licensure that the applicant's license is not in good standing;

 

(3)  The commissioner has determined that the applicant is not eligible for licensure by reciprocity; or

 

(4)  The applicant has engaged in behavior justifying denial under RSA 314:6.

 

          (h)  The notification of denial shall be in accordance with He-P 1303.04 (a), (b), and (c).

 

          (i)  If the application for reciprocity is denied, the application fee shall not be refunded.

 

Source.  #3125, eff 9-25-85; amd by #4268, eff 6-24-87; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1302.03  Examination For License.

 

          (a)  Each applicant applying for an initial license as an electrologist shall take and pass a written and practical examination.

 

          (b)  The written examination shall cover the following topics:

 

(1)  Anatomy and physiology of skin and hair;

 

(2)  Infection control:

 

a.  Handwashing and use of gloves;

 

b.  Cleaning and sterilization of instruments;

 

c.  Cleaning and disinfection of items, and other safety precautions;

 

d.  Environmental control and housekeeping;

 

e.  Patient considerations;

 

f.  Hepatitis B (HBV) vaccination;

 

g.  Follow-up procedures for potential exposures to HBV, HIV, and other bloodborne pathogens; and

 

h.  Transmittable diseases;

 

(3)  Clinical observation and applications, including:

 

a.  Health history;

 

b.  Evaluation and assessment;

 

c.  Explanation of infection control and electrology procedures;

 

d.  Treatment plan/referral;

 

e.  Informed consent;

 

f.  Patient/client concerns/anxieties;

 

g.  Sensitivity/tolerance level;

 

h.  Positioning, draping, lighting/magnification;

 

i.  Skin preparation;

 

j.  Selection of modality, instruments, needle, and forceps;

 

k.  Insertions;

 

l.  Balancing time and intensity;

 

m.  Post-treatment;

 

n.  Antisepsis of treated area;

 

o.  Home-care instruction; and

 

p.  Documentation;

 

(4)  Electrical operations, including:

 

a.  Electrolysis by galvanic, direct current/DC;

 

b.  Thermolysis by shortwave, high frequency, alternating current/AC; and

 

c.  Blend by combination of DC/AC;

 

(5)  Equipment and supplies, including:

 

a.  Proper use and maintenance of equipment; and

 

b.  Basic principles of electricity; and

 

(6)  Professional, ethical, and legal considerations.

 

          (c)  The written examination shall be administered by the commissioner.

 

          (d)  A passing score on the written examination shall be at least a 70.

 

          (e)  The practical examination shall be administered by the licensed electrologists on the advisory committee.

 

          (f)  The applicant shall provide his or her subject on which to demonstrate the electrolysis treatment for the practical examination.

 

          (g)  The applicant shall choose the modality of electrolysis treatment used on the subject.

 

          (h)  Each applicant shall be observed twice throughout the examination by each member of the advisory committee in the performance of an electrolysis treatment on his/her subject.

 

(i)  Each applicant shall receive a 30 minute block of time for being tested.

 

          (j)  Together, the examiners shall watch the set up, after treatment and, the breakdown of equipment and materials for each applicant.

 

          (k)  The practical examination shall test each skill as set forth in Table 13.1 below:

 

Table 13.1 Practical Examination Skills

Category

Skill

Standard Practices

Washing or sanitizing of hands and wearing gloves in good condition in accordance with He-P 1304.03 (f) through (i)

Completed case/medical history card available for review

Provides eye shields

Uses pillow and table coverings appropriately

Disposes of hair in sanitary way once removed from follicle

Proper disposal and/or cleaning of treatment items in accordance with He-P 1304.03 (p) through (t).

Needles

Uses appropriate needle size for facial/body area and hair type

Needle kept clean and in good condition in accordance with He-P 1304.03 (j) and (k).

Insertion

Demonstrates proper stretching

Does not pierce the skin

Is at a proper angle and depth

Intensity/Timing/Epilation

Results

Current set to prevent any damage to the surface of the skin

Current set strong enough to release hair with bulb intact

Timing set properly for hair and bulb to be removed intact

No signs of hair being pulled out

 

          (l)  The skills demonstrated by each applicant, as set forth in Table 13.1 above, shall be evaluated and scored as follows:

 

(1)  Each skill demonstrated with consistent accuracy shall be scored with 6 points;

 

(2)  Each skill demonstrated without consistent accuracy shall be scored with 4 points;

 

(3)  Each skill demonstrated incorrectly shall be scored with 2 points; and

 

(4)  Each skill demonstrated with potential for harming the client, or not demonstrated at all, shall be scored with 0 points.

 

          (m)  A passing score on the practical examination shall be at least 74, out of a possible 90 points.

 

          (n)  The applicant’s final score of the practical examination shall be an average of the total scores given by each examiner.

 

          (o)  The written and practical examinations shall be administered twice each year, in March and September.

 

          (p)  Applicants who submit an application after February 1 shall not be eligible to take the written and practical examinations scheduled for March of that year.

 

          (q)  Applicants who submit an application after August 1 shall not be eligible to take the written and practical examinations scheduled for September of that year.

 

Source.  #3125, eff 9-25-85;  amd by #4268, eff 6-24-87; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1302.04  Renewal of Electrologists Licenses.

 

          (a)  An electrologist who wishes to maintain his/her license shall submit an application for renewal to the commissioner in accordance with RSA 314:5.

 

          (b)  At least 60 days prior to the expiration of a license, the commissioner shall:

 

(1)  Notify, in writing, the licensees whose licenses are expiring that their licenses are due to expire; and

 

(2)  Include with the written notice an application for renewal of license.

 

          (c)  At least 30 days prior to the expiration of a license, the licensee shall submit to the commissioner:

 

(1)  An application that contains the following:

 

a.  The applicant’s first, middle and last name;

 

b.  The applicant’s home mailing address;

 

c.  The applicant’s home telephone number;

 

d.  The name of each electrolysis business at which the applicant practices;

 

e.  The electrolysis business addresses and telephone numbers;

 

f.  Whether the applicant is an employee, a subtenant subletting space, an independent contractor, or the owner of the electrolysis business;

 

g.  Out of state license numbers, if any;

 

h.  Information on disciplinary action taken, if any, in any other state regarding applicant’s activities as an electrologist; and

 

i.  Signature of applicant and date signed;

 

(2)  Documentation of having met the continuing education requirements of He-P 1302.07 on a form provided by the commissioner as follows:

 

a.  The name of course, lecture, workshop, presentation or published professional electrology article or book;

 

b.  The date the applicant completed or attended the course, lecture, workshop, presentation or published professional electrology article or book;

 

c.  The location of course, lecture, workshop or presentation;

 

d.  The name and address of the sponsor of the event;

 

e.  The number of continuing education hours; and

 

f.  Photocopies of certificates provided at each course, lecture, or workshop;

 

(3)  Copies of the results of each biological indicator test, as required by He-P 1304.05, obtained throughout the licensing period; and

 

(4)  The renewal fee required by He-P 1306.01.

 

          (d)  The renewal fee shall not be refundable.

 

          (e)  The commissioner shall accept the application as being complete or notify the applicant in writing that the application is incomplete, specifying what the applicant needs to submit to complete the application.

 

          (f)  Applications for renewal shall be approved if:

 

(1)  The application contains all the information required by (c) above;

 

(2)  The applicant is in compliance with He-P 1300 and RSA 314; and

 

(3)  The applicant has not engaged in an act that would result in denial pursuant to RSA 314:6.

 

          (g)  A renewal license shall be effective for 2 years from the date of expiration of the prior license.

 

          (h)  If an application for renewal is received after the expiration date of the license, the license shall be effective the date the application is received by the department, provided the application is approved, and shall expire 2 years from the date of the expiration of the prior license, unless the applicant has allowed his or her license to lapse for more than one year pursuant to He-P 1302.05.

 

          (i)  The commissioner shall deny any application in accordance with RSA 314:6 and He-P 1303.04 if the applicant:

 

(1)  Has not met all of the requirements of RSA 314:5, RSA 314:10 and this section; or

 

(2)  Has engaged in behavior justifying denial under RSA 314:6.

 

          (j)  Notification of denial for renewal shall be in accordance with RSA 314:7 and He-P 1303.04 (a), (b), and (c).

 

Source.  #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99, ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1302.05  Lapsed License.

 

          (a)  An electrologist whose license has lapsed shall not practice electrolysis until he or she has obtained a license in accordance with RSA 314 and He-P 1300.

 

          (b)  An electrologist who has allowed his or her license to lapse for more than one year, and wishes to reapply for a license, shall reapply for an initial electrologist license in accordance with He-P 1302.01, including retaking the written and practical examinations required by He-P 1302.03.

 

Source.  #7057, eff 7-21-99, ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1302.06  Change of Address and Timely Submission of Application.

 

          (a)  Licensees shall notify the commissioner within 30 days when a change of home or office address occurs.

 

          (b)  Failure to receive an application for renewal of the current license sent by the department shall not excuse the electrologist from the obligation to submit an application for renewal at least 30 days prior to the expiration of the current license in accordance with He-P 1302.04 (c).

 

Source.  #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1302.07  Continuing Education.

 

          (a)  Licensed electrologists shall be required to complete a minimum of 10 hours of continuing education, 5 hours of which shall be in didactic, live courses, during each licensing period in accordance with RSA 314:5.

 

          (b)  At least 2 hours of the required 5 hours of didactic, live continuing education shall be earned during each licensing period in any one or more of the following topics:

 

(1)  Infection control;

 

(2)  Blood-borne pathogens and communicable diseases;

 

(3)  Universal precautions;

 

(4)  HIV/AIDS;

 

(5)  Sanitation or sterilization;

 

(6)  Infectious skin diseases; or

 

(7)  Bacteriology.

 

          (c)  In addition to (b) above, at least 2 hours of the required 5 hours of didactic, live continuing education hours shall be obtained in any one or more of the following topics:

 

(1)  Electrology theory including:

 

a.  Dermatology;

 

b.  Endocrinology;

 

c.  Electricity;

 

d.  Histology;

 

e.  Neurology; or

 

f.  Angiology;

 

(2)  Technical and clinical aspects of electrolysis, including:

 

a.  Galvanic;

 

b.  Thermolysis;

 

c.  Blend;

 

d.  Tools and equipment; or

 

e.  Electrology related products;

 

(3)  Electrology research;

 

(4)  Ethical or legal aspects of practicing electrolysis; or

 

(5)  Electrolysis consultation and case history.

 

          (d)  In addition to (b) and (c) above, the remaining one hour, if any, of the 5 required didactic hours of continuing education shall be obtained in any one or more of the following topics:

 

(1)  Anatomy;

 

(2)  Physiology;

 

(3)  Transgender issues;

 

(4)  Health issues of practitioners;

 

(5)  Health issues of clients;

 

(6)  Successful completion of a cardiopulmonary resuscitation (CPR) course given by an American Heart Association or American Red Cross qualified instructor with a maximum of 3 hours to be granted per licensing period; or 

 

(7)  Management, administration, and supervision of a business practice, with a maximum of 3 hours to be granted per licensing period, which:

 

a.  Relates directly to the operation of an electrolysis business; and

 

b.  Does not include instruction on computer skills.

 

          (e)  Individualized and home study continuing education activities shall be as follows:

 

(1)  Home study electrology courses including professional journals which require the successful completion of a written examination;

 

(2)  Electrology audio-visual cassette programs which require the successful completion of a written examination;

 

(3)  Authorship of a published professional electrology article or book to which credit for contact hours shall be considered by the advisory committee on an individual basis; or 

 

(4)  An original presentation by the licensee of a paper, essay, or formal lecture relating to electrology to a group of fellow professionals to which the presenter shall receive 2 hours for each hour of presentation.

 

          (f)  Except for He-P 1302.07 (d) (6) and He-P 1302.07 (e) (3), all continuing education programs specified in (b) through (e) above shall be sponsored by:

 

(1)  The American Electrology Association;

 

(2)  The New Hampshire Electrolysis Association;

 

(3)  A hospital or physician;

 

(4)  An electrology school; or

 

(5)  A college or post-secondary institution accredited by a regional or professional agency recognized by the U.S. Secretary of Education.

 

          (g)  Continuing education requirements shall be completed prior to the expiration date of the license.

 

          (h)  Certificates and documents of evidence of continuing education hours shall be retained by the licensee for a period of 4 years.

 

          (i)  Certificates and documents of evidence of continuing education hours shall be subject to inspection by the department or an authorized inspector appointed by the commissioner.

 

          (j)  Excess continuing education hours earned throughout the licensing period shall not be carried forward into the next licensing period.

 

Source.  #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

PART He-P 1303  ADVISORY COMMITTEE, DENIAL, DISCIPLINARY ACTION, WAIVERS

 

          He-P 1303.01  Advisory Committee.

 

          (a)  The commissioner shall appoint 3 licensed electrologists to serve on the advisory committee in accordance with RSA 314:2-a.

 

          (b)  Each of the licensed electrologists appointed to the advisory committee shall have at least 3 consecutive years experience and currently practice as a licensed electrologist in New Hampshire.

 

          (c)  The commissioner shall call at least 2 meetings of the advisory committee each year.

 

          (d)  The advisory committee shall advise the commissioner on the technical aspects of electrolysis.

 

          (e)  The advisory committee shall administer and grade the practical examination.

 

          (f)  The advisory committee shall conduct inspections as directed by the commissioner in accordance with RSA 314:2, V.

 

          (g)  Each advisory committee member shall be appointed to serve for a 3 year term.

 

          (h)  Each advisory committee member shall not be appointed for more than 3 consecutive terms.

 

          (i)  Each advisory committee member shall not practice electrology from the same office as other current advisory committee members.

 

Source.  #3125, eff 9-25-85; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1303.02  Complaint Procedure.

 

          (a)  Any person may file a complaint against an electrologist.

 

          (b)  All complaints regarding licensed electrologists shall be in writing.

 

          (c)  The complainant shall include the following in his or her complaint:

 

(1)  The name of the electrologist;

 

(2)  The name and address of the complainant; and

 

(3)  The specific facts or circumstances that led to the complaint.

 

Source.  #3125, eff 9-25-85; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1303.03  Complaint Investigation.

 

          (a)  All complaints completed in accordance with He-P 1303.02 (b) and (c) alleging a violation of RSA 314 or He-P 1300 shall be investigated by the commissioner.

 

          (b)  The commissioner shall contact and individually question the complainant and the licensee about the complaint in an effort to determine if the complaint can be substantiated.

 

          (c)  The licensee shall cooperate with the department throughout the investigation and, if necessary, submit to an inspection conducted in accordance with RSA 314:2, V.

 

          (d)  Upon completion of the investigation, the commissioner shall make a determination based on information received during the investigation as to whether the complaint is substantiated.

 

          (e)  If there is insufficient evidence to support the allegation(s), the department shall take no further action.

 

          (f)  Copies of the investigative findings shall be sent to the complainant and the licensee indicating whether or not the complaint is substantiated.

 

          (g)  Except in the case of violations which warrant revocation pursuant to RSA 314:6, I through V, if the complaint is substantiated, the licensee shall submit to the commissioner a written plan of correction, in accordance with He-P 1301.01(p), within 15 days of the receipt of the findings.

 

Source.  #3125, eff 9-25-85; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1303.04  Revocation, Denial, Disciplinary Action.

 

          (a)  Administrative action against an applicant or licensee such as denial, suspension or revocation of license or imposition of a fine, shall be handled in accordance with RSA 314:6 and RSA 314:7.

 

          (b)  The commissioner shall issue a notice of intent to suspend a license if the licensee fails to:

 

(1)  Submit an acceptable plan of correction within 15 days pursuant to He-P 1303.03 (g);

 

(2)  Comply with a plan of correction;

 

(3)  Permit an inspection or cooperate with an investigation by the department;

 

(4)  Pay a fine in accordance with He-P 1303.05; or

 

(5)  Correct a failed biological indicator test in accordance with He-P 1304.05 (b) and (c).

 

          (c)  If a notice is issued in accordance with (b) (1) above, the scope of the hearing shall be on the violations of He-P 1300 or RSA 314 that resulted in the requiring of a plan of correction.

 

          (d)  If the outcome of a hearing held in accordance with (c) above is that the department did not have valid grounds to order the submission and implementation of a plan of correction, then the suspension shall not be imposed.

 

          (e)  If the outcome of any hearing held in accordance with RSA 314:6 and RSA 314:7 is that the department’s order requiring the submission of corrective action is upheld, the suspension shall take effect immediately and remain in effect until such time as the corrective action is submitted and approved, and in accordance with (f) below.

 

          (f)  The length of suspension shall be until such time as the licensee:

 

(1)  Complies with the requirements for which the suspension was issued; and

 

(2)  Has paid all fines, if any, associated with the suspension; or

 

(3)  Has his or her license revoked in accordance with (h) (2) below.

 

          (g)  Upon reinstatement of a suspended license, the applicant shall not be required to pay an additional license fee, and the expiration date of the license remains the same.

 

          (h)  The commissioner shall revoke a license for:

 

(1)  Violations specified under RSA 314:6, I through V; or

 

(2)  Failure of the licensee to comply with the conditions for the removal of a suspension within 90 days of the suspension taking effect.

 

          (i)  An electrologist whose license has been revoked and who wishes to reapply for a license, shall reapply as for an initial electrology license in accordance with He-P 1302.01, including retaking the written and practical examinations required by He-P 1302.03 after at least 6 months have passed since the revocation became final.

 

          (j)  An electrologist whose application for renewal has been denied and who wishes to reapply for a license, shall reapply as for an initial electrology license in accordance with He-P 1302.01, including retaking the written and practical examinations required by He-P 1302.03.

 

          (k)  In addition to (i) and (j) above, a license shall not be granted to any applicant until the applicant has complied with the requirements for which the revocation or denial was issued and has paid all fines, if any, associated with the revocation or denial.

 

Source.  #3125, eff 9-25-85; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1303.05  Procedures for Imposing and Schedule of Administrative Fines.

 

          (a)  When the commissioner has determined that a violation of RSA 314 or He-P 1300 has occurred, the commissioner shall impose a fine in accordance with RSA 314:13 and (d)(1) through (13) below.

 

          (b)  If a person waives the right to a hearing under He-P 1303.04 (a) and chooses to pay the imposed fine, the fine shall be paid and received by the department within 30 days of receipt of the notice of fine by the applicant or licensee. 

 

          (c)  The fine payment shall be sent to the commissioner.

 

          (d)  Fines for violation of the provisions of RSA 314 and He-P 1300 shall be imposed in accordance with the following schedule:

 

(1)  For submitting false or fraudulent information on or with an application, the fine shall be $500.00;

 

(2)  For falsification of a license to practice electrology, the fine shall be $500.00;

 

(3)  For failure to practice electrology within the confines of the office or offices approved by the commissioner, the fine shall be $500.00;

 

(4)  For any violation of He-P 1304.06, the fine shall be $500.00 per violation;

 

(5)  For practicing electrology without a license, the fine shall be $500.00;

 

(6)  For failure to submit, implement, or maintain a plan of correction in accordance with He-P 1303.03 (g), the fine shall be $250.00 per violation;

 

(7)  For failure to notify the department within 30 days of a change in home or office address in accordance with He-P 1302.06 (a), the fine shall be $250.00;

 

(8)  For failure to submit to an electrology office inspection, the fine shall be $750.00;

 

(9)  For failure to make available the original continuing education records, in accordance with He-P 1302.07 (i), the fine shall be $250.00;

 

(10)  For failure to make available the original results of each biological indicator test, in accordance with He-P 1304.05 (f) or (g), the fine shall be $250.00;

 

(11)  For failure to perform semiannual biological indicator tests on each sterilizer, in accordance with He-P 1304.05 (a) and (b), the fine shall be $100.00 for each test missed;

 

(12)  For failure to correct a biological indicator test failure within 30 days, in accordance with He-P 1304.05 (c) and (d), the fine shall be $500.00; and

 

(13)  For failure to cooperate during an investigation, the fine shall be $750.00.

 

          (e)  If an administrative fine is imposed in accordance with (d) (6) above, the scope of the hearing shall be on the violations of He-P 1300 or RSA 314 that resulted in the requiring of a plan of correction.

 

          (f)  If the outcome of a hearing held in accordance with (e) above is that the department did not have valid grounds to order the submission and implementation of a plan of correction, then the administrative fine shall not be imposed.

 

          (g)  If the outcome of any hearing held in accordance with RSA 314:7 is that the department’s order requiring the submission of corrective action is upheld, the administrative fine shall be imposed.

 

Source.  #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1303.06  Waivers.

 

          (a)  Applicants or licensees seeking waivers of specific rules in this chapter shall submit a written request for waiver to the commissioner which includes:

 

(1)  Specific reference to the rule for which a waiver is being sought;

 

(2)  Full explanation of why a waiver is necessary; and

 

(3)  Full explanation of alternatives proposed by the applicant or licensee, which shall be equally as protective of public health as the rule from which a waiver is sought.

 

          (b)  The commissioner shall approve a request for waiver if:

 

(1)  The commissioner concludes that authorizing deviation from strict compliance with the rule from which waiver is sought does not contradict the intent of the rule or underlying statute; and

 

(2)  The alternative proposed by the applicant or licensee ensures that the objective or intent of the rule from which waiver is sought will be accomplished.

 

          (c)  If a waiver is approved, the licensee’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

 

          (d)  Waivers shall correspond with the effective dates of the license.

 

          (e)  No request for a waiver concerning the rules of other state agencies which are referred to in this chapter shall be accepted.

 

Source.  #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

 

PART He-P 1304  OFFICE, SCHOOL AND SANITATION REQUIREMENTS

 

          He-P 1304.01  Office and School Requirements.

 

          (a)  All offices and schools shall provide the following:

 

(1)  A treatment table or chair with a non-porous surface, have no rips or tears, and be cleaned after each use;

 

(2)  Uncontaminated hot and cold water under pressure piped to a lavatory bowl or sink located in or within 15 feet of the treatment room;

 

(3)  Single use, disposable eyeshields for each client or sanitized reusable eyeshields;

 

(4)  Toilet and lavatory facilities, ventilated and readily available;

 

(5)  A separate and private treatment room that is completely closed off from another room or waiting area that provides opportunity for confidential conversation that is non-audible to others;

 

(6)  A closed cabinet or drawer for clean towels and linens;

 

(7)  Single use, disposable needles; and

 

(8)  Forceps.

 

          (b)  All storage cabinets and work areas shall be constructed of such material to afford proper sanitation.

 

          (c)  All offices and schools shall be:

 

(1)  Heated to at least 68 degrees Fahrenheit;

 

(2)  Ventilated in a manner that exposes the office to fresh air;

 

(3)  Sanitary so that there is no visible dirt, dust or mildew;

 

(4)  Orderly so that furniture, equipment and records are arranged in a pattern that does not interfere with the client’s and the licensee's ability to move around the office without obstacle; and

 

(5)  Electrical lighting that is sufficient enough for the electrologist to perform an electrolysis treatment.

 

          (d)  Electrolysis equipment shall be kept in safe working order.

 

          (e)  Astringents, creams, lotions, cleaning and sterilizing solutions shall be labeled as to their contents.

 

          (f)  No animals, except seeing eye or hearing dogs, shall be allowed in an office or school.

 

Source.  #1370, eff 5-17-79; ss by #3125, eff 9-26-85; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09 (from He-P 1204.02) , EXPIRED 12-11-17

 

          He-P 1304.02  Licenses.

 

          (a)  Each license to practice electrolysis issued by the commissioner shall specify:

 

(1)  The name of the licensee;

 

(2)  The address of the office in which the licensee is authorized to practice;

 

(3)  The effective dates of the license; and

 

(4)  The license number.

 

          (b)  The current license shall be displayed in a manner that is visible to the clients in the office.

 

          (c)  The licensee shall not practice electrolysis outside of an office approved by the commissioner.

 

Source.  #1370, eff 5-17-79; ss by #3125, eff 9-26-85; ss by #5394, eff 5-19-92; amd by #5553, eff 1-11-93; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1304.03  Procedural and Sanitation Requirements.

 

          (a)  Electrologists shall obtain and maintain a complete record of each client’s treatment.

 

          (b)  Records of treatment to be obtained prior to treatment shall include a case history of each client, including the client’s:

 

(1)  Name, address, telephone number and date of birth; and

 

(2)  Medical history and physical condition which shall be updated every 6 months and include any allergies and any condition specified under He-P 1304.06.

 

          (c)  Records of treatment to be maintained shall include:

 

(1)  Month, day, and year of each treatment;

 

(2)  Area being treated;

 

(3)  Epilator setting and modality used;

 

(4)  Duration of each treatment; and

 

(5)  After-treatment preparations applied on each date of treatment.

 

          (d)  Records of treatment shall be kept confidential.

 

          (e)  Prior to treatment, an electrologist shall explain the following to the client:

 

(1)  The procedure;

 

(2)  After treatment care; and

 

(3)  Possible side-effects of treatment.

 

          (f)  Immediately prior to and after each treatment, electrologists shall wash their hands with:

 

(1)  Soap and water; or

 

(2)  An alcohol-based handrub which contains at least 60% alcohol.

 

          (g)  If the electrologist’s hands are visibly soiled, the electrologist shall wash his or her hands with soap and water.

 

          (h)  Electrologists shall use a fresh, single use pair of nonsterile disposable examination gloves during the performance of any electrology treatment.

 

          (i)  If a treatment is interrupted, gloves shall be removed and discarded, hands shall be washed and a fresh pair of gloves used.

 

          (j)  Electrologists shall utilize only single-use, pre-sterilized, disposable needles.

 

          (k)  Electrologists shall utilize needle caps during each treatment.

 

          (l)  The treatment table or chair shall be clean at all times.

 

          (m)  The headrest or pillow on the treatment table or chair shall be covered with fresh linen, paper towel, or other disposable paper drape prior to use by each client.

 

          (n)  If any part of the body other than the face is being treated, the treatment table or chair shall be covered with fresh linen or disposable paper drape prior to use by each client.

 

          (o)  Prior to treatment, the skin site shall be cleansed with an antiseptic solution.

 

          (p)  All comfort accessories shall be cleaned after each use.

 

          (q)  After each use, client reusable eyeshields shall be cleaned with detergent and water, then rinsed and dried.

 

          (r)  Soiled disposable items shall be discarded into a covered container lined with a plastic bag, securely fastened when ready for disposal, and disposed daily into the regular trash.

 

          (s)  Disposable or damaged needles and forceps shall be placed in puncture resistant containers for disposal in accordance with Env-Sw 904.

 

          (t)  All metallic instruments that come in contact with a client shall be sterilized in accordance with He-P 1304.04 after each use and placed in a sanitary environment such as a closed cabinet or storage drawer for storage.

 

          (u)  All equipment and materials utilized by an electrologist shall be in safe and sanitary order and so maintained and operated as to preclude any physical danger or hazard to client or electrologist.

 

          (v)  Soiled linens shall be placed in a separate container or hamper.

 

Source.  #1370, eff 5-17-79; ss by #3125, eff 9-26-85; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09 (from He-P 1304.04), EXPIRED 12-11-17

 

          He-P 1304.04  Equipment Sterilization.

 

          (a)  Prior to equipment sterilization, the surfaces of all instruments shall be cleansed of organic material by an ultrasonic cleaning device, rinsed and dried.

 

          (b)  Forceps and caps shall be soaked in a protein dissolving solution after each treatment, prior to cleaning with the ultrasonic cleaning device.

 

          (c)  Sterilization of instruments shall be accomplished by any one of the following:

 

(1)  An autoclave sterilizer, which shall be set and operated according to the standard cycle for the specific autoclave sterilizer utilized; or

 

(2)  A dry heat sterilizer oven, which shall have a temperature monitoring device as part of the sterilizer.

 

          (d)  The dry heat sterilizer shall be utilized by placing instruments individually in dry heat wrappers or unpackaged in small multiples in cleaned, dried stainless steel or heat tempered glass containers which have well-fitting lids and then placed into the sterilizer for:

 

(1)  At least 2 hours at 320 degrees Fahrenheit;

 

(2)  At least one and one half hours at 335 degrees Fahrenheit; or

 

(3)  At least one hour at 340 degrees Fahrenheit.

 

          (e)  If instruments are unpackaged, they shall be utilized within 24 hours, or the licensee shall resterilize them.

 

          (f)  Cold chemical, gas and bead sterilizers shall not be used.

 

          (g)  Any instrument which becomes contaminated shall not be used until sterilized in accordance with He-P 1304.04 (a) through (f).

 

Source.  #1370, eff 5-17-79; ss by #3125, eff 9-26-85; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09 (from He-P 1304.05), EXPIRED 12-11-17

 

          He-P 1304.05  Biological Indicator Testing.

 

          (a)  Biological indicator tests shall be performed semiannually on each sterilizer.

 

          (b)  Biological indicator testing shall be performed at least 4 months apart.

 

          (c)  Biological indicator test failures shall be corrected within 30 days.

 

          (d)  Documentation of (b) above shall be a biological indicator test with a passing result.

 

          (e)  The original results of each biological indicator test, passing or failing, shall be kept on file in the electrology office where each sterilizer is located and retained for 4 years.

 

          (f)  The original results of all biological indicator tests shall be subject to inspection by the department or an authorized inspector appointed by the commissioner.

 

          (g)  The original documentation of all biological test failures and the test corrections required by (c) above shall be sent to the department within 30 days of receipt of the corrected test.

 

Source.  #1370, eff 5-17-79; ss by #3125, eff 9-26-85; ss by #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09 (from He-P 1304.06), EXPIRED 12-11-17

 

          He-P 1304.06  Electrolysis Prohibited.

 

          (a)  Electrologists shall not perform electrolysis on the following areas of the body:

 

(1)  Mucous membranes; and

 

(2)  Breasts of a woman who is nursing.

 

          (b)  Electrologists shall not treat the following conditions:

 

(1)  Warts;

 

(2)  Ingrown eyelashes;

 

(3)  Spider veins; and

 

 (4)  Skin tags.

 

          (c)  Electrologists shall not perform electrolysis on areas with the following conditions:

 

(1)  Herpes in its active stage;

 

(2)  Skin malignancy; and

 

(3)  Any type of infected or inflamed area other than an ingrown hair.

 

          (d)  Electrologists shall not perform electrolysis on a person with impetigo or any other contagious skin disease.

 

          (e)  Electrologists shall not perform electrolysis on a client with any of the following conditions, except upon receipt of written authorization from the client’s physician:

 

(1)  Diabetes;

 

(2)  Cardiac disorders treated with a pacemaker;

 

(3)  Coagulation disorders;

 

(4)  Disorders treated with drugs that have anticoagulant effects; and

 

(5)  Moles for which the client is requesting treatment.

 

          (f)  Shortwave electrolysis shall be the only modality utilized on a pregnant woman.

 

Source.  #3125, eff 9-26-85; ss by #3125, eff 9-26-85; ss by #5394, eff 5-19-92; amd by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09 (formerly He-P 1304.07), EXPIRED 12-11-17

 

PART He-P 1305  SCHOOL REQUIREMENTS

 

          He-P 1305.01  Schools of Electrology Curriculum.

 

          (a)  Electrology schools approved by the department shall provide and maintain a course of study of at least 1,100 hours extending over a period of not less than 10 months.

 

          (b)  The 1,100 hour course of study shall include 500 hours of academic study and 600 hours of practical training.

 

          (c)  The 500 hours of academic study shall comply with the requirements specified in Table 13.2 as follows:

 

Table 13.2 Academic Curriculum

 

Subject

Hours

Histology and hair structure with special consideration given to hair and skin

75 hours

The basic fundamentals of bacteriology, sterilization and hygiene

100 hours

The principles of electricity and its effects and uses

25 hours

Basic dermatology

100 hours

Physiology, with special consideration given to endocrinology

125 hours

 

Machines and equipment for an electrolysis office

25 hours

 

Professional conduct and office management

50 hours

 

          (d)  The 600 hours of practical training shall include epilation whereby the instructor teaches thermolysis, galvanic, and the blend treatment of the face, including the hair line and eyebrows and all areas of the body that are not prohibited by He-P 1304.06, by demonstration and student hands-on participation.

 

Source.  #5394, eff 5-19-92; amd by #5553, eff 1-11-93; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1305.02  Requests for School Approval.

 

          (a)  Schools requesting approval from the department shall submit to the commissioner the following information:

 

(1)  The owner’s name, address, telephone number and letter stating the owner’s intent of opening an electrology school;

 

(2)  The name, address and telephone number of the school;

 

(3)  A list of all electrology and sterilization equipment, including the type and manufacturer, that the school will utilize;

 

(4)  The maximum number of students the school intends to instruct at any one time;

 

(5)  The owner’s signature and date signed;

 

(6)  A copy of the curriculum the school shall use; and

 

(7)  The names, addresses and license numbers of each instructor.

 

          (b)  If the information is complete in accordance with (a) above and the curriculum meets the requirements of He-P 1305.01, the commissioner shall grant school approval.

 

          (c)  If the commissioner determines that the school curriculum does not meet the requirements of He-P 1305.01, approval shall not be granted.

 

          (d)  The owner of the electrology school may request a hearing, in writing, on the denial of the request for approval pursuant to He-C 200.

 

          (e)  The department shall revoke the approval if the school is no longer in compliance with He-P 1305. 

 

          (f)  If the department intends to revoke the approval of the school in accordance with (e) above, the owner of the school may request a hearing on the revocation pursuant to He-C 200.

 

Source.  #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

          He-P 1305.03  General School Provisions.

 

          (a)  School approvals shall only be valid for the location named on the application and shall not be transferable to a new owner or new location.

 

          (b)  The owner of a school shall notify the commissioner, in writing within 30 days, of any change in the curriculum.

 

          (c)  The owner of the school shall notify the commissioner, in writing within 30 days, upon any change in instructors. 

 

          (d)  All instructors shall be licensed electrologists in accordance with RSA 314:3.

 

Source.  #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

PART He-P 1306  FEES

 

          He-P 1306.01  Fees.  The fees established in accordance with RSA 314:10 shall be as shown in Table 13.3 below:

 

Table 13.3 Fees

 

Type

Fee

 

 

Application fee

$150.00

Initial license fee

$25.00

Examination fee

$100.00

License renewal fee

$100.00

Duplicate license fee

$25.00

 

Source.  #5394, eff 5-19-92; ss by #6180, eff 2-1-96; ss by #7057, eff 7-21-99; ss by #8577, eff 3-4-06; ss by #9613, eff 12-11-09, EXPIRED 12-11-17

 

APPENDIX

 

Rule

Statute

 

 

He-P 1301

RSA 314:8

He-P 1302.01

RSA 314:2, I, RSA 314:3, and RSA 314:8,I,II,& XIII

He-P 1302.02

RSA 314:2, I, RSA 314:3, IV, RSA 314:8, V & XIII

He-P 1302.03

RSA 314:3, III, (d) and RSA 314:8, III

He-P 1302.04

RSA 314:2, II, RSA 314:5, and RSA 314:8, IV & XIII

He-P 1302.05

RSA 314:5 and RSA 314:8, IV

He-P 1302.06

RSA 314:8, I

He-P 1302.07

RSA 314:5

He-P 1303.01

RSA 314:2-a

He-P 1303.02

RSA 314:8, IX, RSA 314:8, XII, and RSA 314:9

He-P 1303.03

RSA 314:8, IX, RSA 314:8, XII, RSA 314:9

He-P 1303.04

RSA 314:2, III, RSA 314:2, IV, RSA 314:2, VII, RSA 314:6, RSA 314:7, RSA 314:8, X, RSA 314:8, XI, RSA 314:8, XIII, RSA 314:8, XIV, RSA 314:8, XV, and RSA 314:13, I

He-P 1303.05

RSA 314:2, VII, RSA 314:8, X & XI, and RSA 314:13

He-P 1303.06

RSA 314:8, XVII

He-P 1304.01

RSA 314:1, V, and RSA 314:8, VII & XVI

He-P 1304.02

RSA 314:4

He-P 1304.03

RSA 314:8, VII, and RSA 314:8, VIII

He-P 1304.04

RSA 314:8, VIII

He-P 1304.05

RSA 314:8, VIII

He-P 1304.06

RSA 314:8, VII, and RSA 314:8, VIII

He-P 1305.01

RSA 314:3, III (c), and RSA 314:8, XVI

He-P 1305.02

RSA 314:8, XVI

He-P 1305.03

RSA 314:8, XVI

He-P 1306.01

RSA 314:3, III (b), RSA 314:5, RSA 314:8, VI, and RSA 314:10