Chapter 314: Electrologists

In this chapter:

I. [Repealed.]

II. [Repealed.]

III. "Electrologist" means any person who engages in electrology for compensation, except the following persons:

(a) A physician licensed to practice medicine in this state who performs electrology in such practice.

(b) A person who engages on behalf of a manufacturer or distributor solely in demonstrating the use of any machine or other article for the purpose of sale, without charge to the person who is the subject of such demonstration.

IV. "Electrology" or "electrolysis" means the process by which hair is removed from the normal skin by the application of an electronic current to the hair root by means of a needle or needles, whether the process employs direct electric current or shortwave alternating electric current.

IV-a. "Executive director" means the executive director of the office of professional licensure and certification.

V. "Office" means the place of business kept open solely for the business of electrology, or where equipment and facilities for the practice of electrology for compensation are available, as may be authorized by the executive director.

The powers and duties of the executive director shall include:

I. Licensure of individuals to practice electrology.

II. Renewal of licenses.

III. Denial, suspension, or revocation of licenses.

IV. The conduct of hearings.

V. Conducting investigations.

VI. Adopting rules.

VII. Assessing administrative fines and other sanctions, as appropriate.

The executive director shall establish the electrology advisory committee. The committee shall consist of 3 electrologists who are licensees in the state of New Hampshire. The members shall be appointed for 3 years, with initial terms staggered so that the term of one member expires each year, and shall hold office until successors are appointed. In no event shall a member serve more than 3 consecutive terms. The committee shall advise the executive director regarding the implementation of this chapter.

I. It shall be unlawful for any person to practice electrology in this state without first obtaining a license, unless such person is exempt under RSA 314:1, III.

II. Licenses issued by the executive director shall be valid in accordance with RSA 310:8, II.

III. Licenses shall be issued to any person:

(a) Upon application on a form prescribed by the executive director;

(b) Upon payment of required fees;

(c) Who is a high school graduate and has had training of at least 1,100 hours in a school of electrology approved by the executive director;

(d) Who satisfies any other condition for licensure, including passing a competency examination, pursuant to rules adopted under RSA 314:8, III; and

(e) Who demonstrates good professional character.

Any person who has been issued a license under this chapter shall conspicuously display such license in the office or offices identified on the license.

Applicants for renewal shall be required to complete 10 hours of continuing education related to the practice of electrology during the prior 2 years; provided that 5 hours of such continuing education shall be in didactic, live courses.

The executive director may sanction, in accordance with RSA 310:12, a licensee if it is determined after hearing that such licensee:

I. Has made a materially false statement or concealed a material fact in connection with application for licensure.

II. Has had a license issued under this chapter revoked or suspended previously.

III. Has been found guilty of fraud or fraudulent practices, or has used dishonest or misleading advertising.

IV. Has practiced electrology in an office or offices other than as stated on the license, or has not maintained the office or offices according to rules adopted under RSA 314:8, VI.

V. Has violated ethical or professional standards for the practice of electrology, as provided for in rules adopted under RSA 314:8, V.

VI. Has failed to comply with any other provision of this chapter or any rules adopted by the executive director.

The executive director shall adopt rules, pursuant to RSA 541-A, relative to:

I. The license application form and content, and the license application procedures.

II. The qualifications of applicants for licensure under RSA 314:3.

III. The content and conduct of written and practical competency examinations.

IV. The application form, content and procedure for a renewal or reinstatement of a license to practice electrology.

V. Ethical and professional standards required to be met by licensees.

VI. Offices, including structures, equipment, and sanitation including required testing.

VII. A schedule of administrative fines pursuant to RSA 314:13 for the violation of the provisions of this chapter or rules adopted pursuant to this chapter.

VIII. Approval of schools of electrology, to include curriculum, equipment, and instructor qualifications.

IX. The appointment, qualifications, responsibilities, and requirements of the electrology advisory committee.

X. Office inspections for licensees.

XI. Waivers of applicable rules.

XII. Training requirements for the use of intense pulsed light hair removal.

No individual licensed to practice electrology or any other individual shall use or cause to be used or promote the use of any advertising matter, promotional literature, testimonial, guarantee, or other representation, however disseminated or published, which is misleading, deceptive, or untruthful about the practice of electrology or the licensure status of an individual practicing electrology.

Any person who violates the provisions of this chapter or rules adopted pursuant to this chapter shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.

I. The executive director, after notice and hearing, may sanction, in accordance with RSA 310:12, any person who violates any provision of this chapter or rules adopted pursuant to this chapter.

II. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter.

III. The executive director shall adopt rules in accordance with RSA 314:8, VII, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation.