Note To §§1-18
P.L. 1997, CHAPTER 347, approved January 12, 1998
Assembly, No. 2407 (First Reprint)
An Act providing for the licensing of electrologists and supplementing chapter 9 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Electrology Practice Act."
2. As used in this act:
"Board" means the State Board of Medical Examiners.
"Committee" means the Electrologists Advisory Committee established pursuant to section 3 of this act.
"Electrologist" means a person who is licensed to practice electrology pursuant to the provisions of this act.
"Electrology" means the removal of hair permanently through the utilization of solid probe electrode-type epilation, including thermolysis, being of a short-wave, high frequency type, and including electrolysis, being of a galvanic type, or a combination of both, which is accomplished by a super-imposed or sequential blend.
"Electrology instructor" means a person who is licensed to teach the clinical and theoretical practice of electrology pursuant to the provisions of this act.
"Office" means any fixed establishment or place where one or more persons engage in the practice of electrology.
3. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety, under the State Board of Medical Examiners, an "Electrologists Advisory Committee." The committee shall consist of five members who are residents of this State as follows: one physician licensed to practice medicine or surgery pursuant to chapter 9 of Title 45 of the Revised Statutes 1[and who is a diplomate of the American Board of Dermatology]1; three electrologists who have successfully passed the American Electrologist Association/International Board of Electrologist Certification Certified Professional Electrology Examination, and who shall be appointed from a list of nominees submitted by the Electrologists Association of New Jersey; and one public member to represent consumer interests. Each electrologist member shall be actively engaged in the delivery of electrology services in this State for at least four years prior to his appointment. No electrologist member of the committee shall be affiliated as an instructor or member of the board of trustees of an electrology school; nor shall any electrologist member own any interest in any electrology school; nor shall any member engage in the business or own any interest in an entity engaged in the business of manufacturing or supplying electrology equipment or supplies.
The Governor shall appoint each committee member for a term of three years, except that of the electrologist members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and one shall serve for a term of one year. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided by the original appointment. No member of the committee may serve more than two successive terms in addition to any unexpired term to which he has been appointed.
4. The committee shall annually elect from among its members a chairperson. The committee shall meet at least twice a year and shall also meet upon the request of the Board of Medical Examiners or the Attorney General. The board shall provide the committee the facilities and personnel required for the proper conduct of its business.
5. The board shall authorize reimbursement of the members of the committee for their actual expenses incurred in connection with the performance of their duties as members of the committee.
6. The committee may have the following powers and duties, as delegated by the board:
a. evaluate and pass upon the qualifications of applicants for licensure;
b. adopt and administer the examination to be taken by applicants for licensure;
c. issue and renew biennial licenses for electrologists and electrology instructors pursuant to this act;
d. approve electrology education programs offered within the State;
e. refuse to admit a person to an examination or refuse to issue or suspend, revoke, or fail to renew the license of an electrologist or electrology instructor pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);
f. maintain a record of every electrologist and electrology instructor licensed in this State, their places of business, places of residence and the date and number of their license;
g. maintain a record of all offices licensed by the board to offer the services provided within the definition of electrology;
h. take disciplinary action, in accordance with P.L.1978, c.73 (45:1-14 et seq.) against an electrologist or an electrology instructor who violates any provision of this act;
i. adopt standards for and approve continuing education programs, subject to the requirements of section 11 of this act;
j. approve the types of instruments and procedures permitted in the practice and teaching of electrology;
k. review advertising by any licensee or any institution that offers a program in electrology approved by the board;
l. direct the conduct of inspections or investigations of any premises from which the board may have reason to believe that electrology services are being offered; and
m. direct the conduct of inspections or investigations of all licensed offices.
7. a. No person shall practice electrology or teach electrology, whether or not compensation is received or expected, unless the person holds a valid license to practice or teach electrology in this State, except nothing in this act shall be construed to:
(1) prohibit any person licensed to practice or certified to teach in this State under any other law from engaging in the practice or teaching for which he is licensed, regulated or certified; or
(2) prohibit any student enrolled in an approved clinical electrology education program from performing that which is necessary to the student's course of study.
b. No person, business entity or its employees, agents or representatives shall use the titles "licensed electrologist" or "licensed electrology instructor," or the letters "L.E." or "L.E.I.," or any other title, designation, words, letters, abbreviations or insignia indicating the practice or teaching of electrology, unless licensed to practice or teach electrology under the provisions of this act.
c. No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises for the rendering of any service provided in the definition of electrology without first having secured an office license from the board.
d. In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the board may refuse to grant or may suspend or revoke a license to practice or teach electrology upon proof to the satisfaction of the board that the holder thereof has:
(1) employed unlicensed persons to practice electrology, or supervised or aided an unlicensed person in the practice of electrology;
(2) advertised the practice of electrology so as to disseminate false, deceptive or misleading information, whether as an individual, through a professional service corporation, or through a third party;
(3) promoted the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
(4) used instruments or procedures in the practice of electrology that are not approved by the board;
(5) maintained an office in a manner which is unsafe or unsanitary; or
(6) acted in a manner inconsistent with standards for the practice of electrology approved by the board.
8. To be eligible for licensure as an electrologist, an applicant shall fulfill the following requirements:
a. be at least 18 years of age;
b. be of good moral character;
c. have successfully completed high school or its equivalent;
d. (1) have successfully completed an electrology education program approved by the board, in consultation with the committee, including:
(a) at least 200 hours of instruction in the theory of electrology; and
(b) at least 400 hours of instruction in the clinical practice of electrology taught by an electrology instructor licensed pursuant to the provisions of this act. The clinical program shall include instruction in all modalities of electrology including galvanic, thermolysis and any other modality approved by the board; or
(2) have completed in another state an electrology education program determined by the board to be substantially equivalent to that required pursuant to this subsection; and
e. have passed an examination administered or approved by the board to determine the applicant's competence to practice electrology.
9. To be eligible for licensure as an electrology instructor an applicant shall fulfill the following requirements:
a. be licensed as an electrologist pursuant to the provisions of this act;
b. have been actively engaged in the practice of electrology for at least five years immediately preceding the date of application for licensure as an electrology instructor; and
c. passed an examination administered or approved by the board, after consultation with the committee, to determine the applicant's competence to teach electrology.
10. Upon payment to the board of a fee and the submission of a written application provided by the board, the board shall issue, without written examination, a license to any person who:
a. Holds a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State, if the applicant has not previously failed the board examination as provided in sections 8, 9 and 12 of this act. If the applicant has failed an examination referred to in those sections, licensing shall be at the discretion of the board, in consultation with the committee;
b. Applies for licensure within 180 days of the 1[effective date of this act] initial meeting of the committee1, is a resident of this State, has completed 120 hours of instruction in electrology at a school of electrology approved by the board, in consultation with the committee, and has been actively engaged in the practice of electrology for at least five years immediately preceding the date of application for licensure; or
c. Applies for licensure within 180 days of the effective date of this act, is a resident of this State, and presents evidence of having passed the written electrology certification examination of a nationally recognized board or agency approved by the board, in consultation with the committee.
11. a. The board or committee, if so delegated by the board, shall:
(1) approve only such continuing professional education programs as are available to all electrologists and electrology instructors in this State on a reasonable nondiscriminatory basis. Programs may be held within or without this State, but shall be held so as to allow electrologists and electrology instructors in all areas of the State to attend;
(2) establish standards for continuing professional education programs, including the specific subject matter and contents of courses of study and the selection of instructors;
(3) accredit education programs offering credits toward the continuing education requirements; and
(4) establish the number of credits of continuing professional education required by each applicant for license renewal. Each credit shall represent or be equivalent to one hour of actual course attendance.
b. Prior to license renewal, each licensee shall submit to the board proof of completion of the required number of hours of continuing education.
c. If any applicant for renewal of registration completes a number of credit hours in excess of the number established pursuant to paragraph 4 of subsection a. of this section, the excess credits may, at the discretion of the board, in consultation with the committee, be applicable to the continuing education requirement for the following biennial renewal period, but not thereafter.
12. The examinations required by sections 8 and 9 of this act shall include a written practical examination which shall test the applicant's knowledge of the theory and clinical practice of electrology. Examinations shall be held within the State at least twice a year at a time and place to be determined by the board, in consultation with the committee. The board shall give adequate written notice of the examination to applicants for licensure and examination.
An applicant who fails the initial examination or a section of the examination may retake the section or the entire examination upon payment to the board of the prescribed fee. If an applicant fails the examination twice, the applicant may take a third examination only if he retakes the entire examination and completes an electrology education program as required by the board, in consultation with the committee.
13. a. The board shall by rule or regulation establish, prescribe or change the fees for licenses, renewals of licenses or other services provided by the board or the committee pursuant to the provisions of this act. Licenses shall be issued for a period of two years and be biennially renewable, except that the board may, in order to stagger the expiration dates thereof, provide that those licenses first issued or renewed after the effective date of this act shall expire or become void on a date fixed by the board, not sooner than six months nor later than 29 months after the date of issue.
b. Fees shall be established, prescribed or changed by the board to the extent necessary to defray all proper expenses incurred by the committee, the board and any staff employed to administer this act, except that fees shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.
c. All fees and any fines imposed by the board shall be paid to the board and shall be forwarded to the State Treasurer and become part of the General Fund.
14. a. The board, in consultation with the committee, shall issue a license to any applicant who in the opinion of the board has satisfactorily met all the requirements of this act. The license shall indicate whether the holder is licensed as an electrologist or an electrology instructor. The holder of an electrologist's license is authorized to practice electrology during the licensure period, and the holder of an electrology instructor's license is authorized to practice electrology and to teach the clinical practice and theory of electrology during the licensure period.
b. The board shall, in consultation with the committee and in accordance with its rules and regulations, reinstate the license of an electrologist or electrology instructor who has failed to renew the license if the applicant is eligible for licensure pursuant to section 9 or 10 of this act and regulations of the board, and pays to the board all past due renewal fees and a reinstatement fee, to be determined by the board in consultation with the committee.
15. A person, firm, corporation, partnership or other legal entity shall not operate, maintain or use premises for the rendering of any service provided in the definition of electrology without having first secured an office license. To be eligible for an office license, a person, firm, corporation, partnership or other legal entity intending to open and operate an electrologist's office shall:
a. Make application to the board on forms as it may require, demonstrating that the physical premises and the operation of the office will meet the criteria as recommended by the "Universal Precautions for Infection Control" established by the Center for Disease Control;
b. Permit inspections of the premises; and
c. Pay fees as may be required by the board.
16. The provisions of the uniform enforcement law, P.L.1978, c.73 (C.45:1-14 et seq.) shall apply to this act. The authority of the board may be delegated to the committee at the discretion of the board.
17. The board shall maintain a list of approved electrology education programs located within the State and of out-of-state programs recognized by the board. The board shall not approve or recognize a program unless the program consists of at least 200 hours of instruction in the theory of electrology and 400 hours of training in the clinical practice of electrology.
18. The board, after consultation with the committee, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.
19. This act shall take effect immediately, except that sections 1 through 17 shall remain inoperative for 180 days following enactment.
"Electrology Practice Act."