Florida Senate - 2017                                    SB 1286
       
       
        
       By Senator Grimsley
       
       
       
       
       
       26-00259D-17                                          20171286__
    1                        A bill to be entitled                      
    2         An act relating to electrolysis; amending s. 478.41,
    3         F.S.; revising legislative findings; amending s.
    4         478.42, F.S.; providing and revising definitions;
    5         amending s. 478.43, F.S.; revising the powers and
    6         duties of the Board of Medicine; amending s. 478.44,
    7         F.S.; creating the Electrolysis Advisory Council
    8         within the Department of Health; providing membership,
    9         powers, and duties of the council; amending s. 478.45,
   10         F.S.; revising the academic requirements for licensure
   11         as an electrologist; providing that a national
   12         examination may be provided by a department-approved
   13         national electrology organization; conforming
   14         provisions to changes made by the act; repealing s.
   15         478.46, F.S., relating to temporary permits to
   16         practice electrolysis; amending s. 478.47, F.S.;
   17         conforming provisions to changes made by the act;
   18         amending s. 478.49, F.S.; requiring a licensee to
   19         display his or her national certification if
   20         applicable; providing certification and training
   21         requirements for the use of specified devices by
   22         licensed electrologists who perform laser hair removal
   23         or reduction; amending s. 478.50, F.S.; requiring
   24         licensees that use specified devices to provide the
   25         department with proof of a current national
   26         certification for licensure renewal; providing
   27         rulemaking authority to the board; requiring the board
   28         to approve continuing education providers; amending s.
   29         478.51, F.S.; providing applicability; amending s.
   30         478.52, F.S.; revising grounds for denial of a license
   31         or disciplinary action; authorizing the department to
   32         issue an order to compel a licensee to submit to a
   33         mental or physical examination; providing recourse to
   34         the department if a licensee refuses to comply with
   35         the order; amending s. 478.53, F.S.; conforming
   36         provisions to changes made by the act; providing an
   37         effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 478.41, Florida Statutes, is amended to
   42  read:
   43         478.41 Purpose and intent.—The purpose of this chapter is
   44  to provide for the licensure of persons who deliver electrolysis
   45  services and to ensure that they meet certain requirements. It
   46  is the finding of the Legislature that the practice of
   47  electrology, including the use of laser and light-based devices
   48  for hair removal or reduction by unskilled or incompetent
   49  persons presents a danger to the public health and safety.
   50  Because it is difficult for the public to make informed choices
   51  related to electrolysis services and since the consequences of
   52  wrong choices can harm the public health and safety, it is the
   53  intent of the Legislature to prohibit the delivery of
   54  electrolysis services by persons who do not possess the
   55  necessary skills or who otherwise present a danger to the
   56  public. However, restrictions may be imposed only to the extent
   57  necessary to protect the public and in a manner that will not
   58  unreasonably affect the competitive market for the delivery of
   59  such services.
   60         Section 2. Section 478.42, Florida Statutes, is amended to
   61  read:
   62         478.42 Definitions.—As used in this chapter, the term:
   63         (1) “Board” means the Board of Medicine.
   64         (2) “Council” means the Electrolysis Advisory Council.
   65         (3) “Department” means the Department of Health.
   66         (4) “Electrologist” means a person who engages in the
   67  practice of electrolysis.
   68         (5) “Electrolysis or electrology” means the permanent
   69  removal of hair by destroying the hair-producing cells of the
   70  skin and vascular system, using equipment and devices approved
   71  by the department board which have been cleared by and
   72  registered with the United States Food and Drug Administration
   73  and that are used pursuant to protocols approved by the board.
   74         (6)“Hair removal or reduction” means the use of a laser or
   75  light-based device in a hair removal or reduction procedure that
   76  does not remove the epidermis and is conducted under the direct
   77  supervision and responsibility of a licensed practitioner
   78  pursuant to s. 458.348 or s. 459.025.
   79         (7)“Laser or light-based device” means an electronic
   80  medical device approved by the United States Food and Drug
   81  Administration for hair removal or reduction.
   82         (8)“Licensed practitioner” means a person who is licensed
   83  or otherwise authorized to practice medicine in this state
   84  pursuant to chapter 458 or osteopathic medicine pursuant to
   85  chapter 459.
   86         Section 3. Section 478.43, Florida Statutes, is amended to
   87  read:
   88         478.43 Board of Medicine; powers and duties.—
   89         (1) The board may request, with the assistance of the
   90  Electrolysis Advisory Council in setting, is authorized to
   91  establish minimum standards for the delivery of electrolysis
   92  services. The board may and to adopt rules pursuant to ss.
   93  120.536(1) and 120.54 to implement the provisions of this
   94  chapter.
   95         (2) The board may administer oaths, summon witnesses, and
   96  take testimony in all matters relating to its duties under this
   97  chapter.
   98         (3)The board may delegate such powers and duties to the
   99  council as it may deem proper.
  100         (3)(4) The board, in consultation with the council, shall
  101  recommend proposed rules, and the board shall adopt rules for
  102  standards of practice a code of ethics for electrologists and
  103  rules related to the curriculum and approval of electrolysis
  104  training programs, sanitary guidelines, the delivery of
  105  electrolysis services, continuing education requirements, and
  106  any other area related to the practice of electrology.
  107         Section 4. Section 478.44, Florida Statutes, is amended to
  108  read:
  109         478.44 Electrolysis Advisory Council; creation; function;
  110  powers and duties.—
  111         (1) There is created the Electrolysis Advisory Council
  112  within the Department of Health under the supervision of the
  113  board.
  114         (2)(a) The council shall consist of three five members who
  115  must be licensed practitioners. The members shall be, appointed
  116  by the State Surgeon General for 3-year terms. The members may
  117  not serve more than two consecutive terms board. Three members
  118  must be licensed electrologists who have been actively engaged
  119  in the delivery of electrolysis services in this state for at
  120  least 4 consecutive years prior to their appointment and who are
  121  not affiliated with an electrolysis school or manufacturer or
  122  supplier of electrolysis equipment or supplies. Two consumer
  123  members must be residents of this state who have never been
  124  licensed electrologists, have no financial interest in the
  125  practice of electrology, and are not affiliated with an
  126  electrolysis school or a manufacturer or supplier of
  127  electrolysis equipment or supplies.
  128         (b)Initial council members who are licensed electrologists
  129  must be eligible for licensure at the time of their appointment.
  130  Electrologist members appointed after October 1, 1996, must have
  131  been licensed in this state for at least 3 years prior to their
  132  appointment.
  133         (3) The term of office for each council shall meet at the
  134  request of the State Surgeon General member is 4 years. A member
  135  may not serve more than two consecutive terms. When a vacancy
  136  occurs on the council, any licensed electrologist may recommend
  137  one person to fill the vacancy, and any professional
  138  organization dealing with electrolysis, incorporated within the
  139  state as not for profit, which registers its interest with the
  140  board shall recommend at least twice as many persons to fill the
  141  vacancy as the number of vacancies to be filled, and the board,
  142  in its discretion, may appoint from the submitted names any of
  143  those persons so recommended. The board shall, when possible,
  144  appoint persons from different geographic areas.
  145         (4)(a)Members of the council may not receive compensation
  146  for their services, but are The council shall annually elect
  147  from among its members a chair and vice chair.
  148         (b)The council shall meet at least twice a year and shall
  149  hold such additional meetings as are considered necessary by the
  150  board. Three members of the council constitute a quorum.
  151         (c)Unless otherwise provided by law, a council member
  152  shall be compensated $50 for each day the member attends an
  153  official meeting of the council or participates in official
  154  council business. A council member is also entitled to
  155  reimbursement for necessary travel expenses pursuant to s.
  156  112.061, from the funds derived from fees collected pursuant to
  157  s. 478.55. Travel out of state requires the prior approval of
  158  the State Surgeon General.
  159         (5)The council may make recommendations to the board
  160  relating to:
  161         (a)Examination procedures and minimum application
  162  requirements, including electrolysis training program
  163  curriculums.
  164         (b)Standards of practice.
  165         (c)Improvement of continuing education programs.
  166         (d)Other matters relating to the practice of electrology,
  167  including facility requirements.
  168         Section 5. Subsections (1), (2), (3), and (6) of section
  169  478.45, Florida Statutes, are amended to read:
  170         478.45 Requirements for licensure.—
  171         (1) An applicant applying for licensure as an electrologist
  172  shall file a written application, accompanied by the application
  173  for licensure fee prescribed in s. 478.55, on a form provided by
  174  the department board, showing to the satisfaction of the
  175  department board that the applicant:
  176         (a) Is at least 18 years old.
  177         (b) Is of good moral character.
  178         (c) Possesses a high school diploma or a high school
  179  equivalency diploma.
  180         (d) Has not committed an act in any jurisdiction which
  181  would constitute grounds for disciplining an electrologist in
  182  this state.
  183         (e) Has successfully completed the academic requirements of
  184  an electrolysis training program, not to exceed 120 didactic
  185  hours, and the practical application thereof as approved by the
  186  department board.
  187         (2) Each applicant for licensure shall successfully pass a
  188  written examination developed by the department or a national
  189  examination provided by a national electrology organization that
  190  has been approved by the department that has been approved by
  191  the board. The examinations shall test the applicant’s knowledge
  192  relating to the practice of electrology, including the
  193  applicant’s professional skills and judgment in the use of
  194  electrolysis techniques and methods, and any other subjects
  195  which are useful to determine the applicant’s fitness to
  196  practice.
  197         (3) The department, upon approval of the board, may adopt a
  198  national examination provided by a national electrology
  199  organization in lieu of any part of the examination required by
  200  this section. The department board, with the assistance of the
  201  board council, shall establish standards for acceptable
  202  performance.
  203         (6) The department may not issue a license to any applicant
  204  who is under investigation in another jurisdiction for an
  205  offense that which would be a violation of this chapter, until
  206  such investigation is complete. Upon completion of such
  207  investigation, if the applicant is found guilty of such offense,
  208  the department board shall apply the applicable provisions of s.
  209  478.52.
  210         Section 6. Section 478.46, Florida Statutes, is repealed.
  211         Section 7. Section 478.47, Florida Statutes, is amended to
  212  read:
  213         478.47 Licensure by endorsement.—The department shall issue
  214  a license by endorsement to any applicant who submits an
  215  application and the required fees as set forth in s. 478.55 and
  216  who holds an active license or other authority to practice
  217  electrology in a jurisdiction whose licensure requirements are
  218  determined by the department board to be equivalent to the
  219  requirements for licensure in this state.
  220         Section 8. Section 478.49, Florida Statutes, is amended to
  221  read:
  222         478.49 License and certification required.—
  223         (1) A No person may not practice electrology or hold
  224  herself or himself out as an electrologist in this state unless
  225  she or he the person has been issued a license by the department
  226  and holds an active license pursuant to the requirements of this
  227  chapter.
  228         (2) A licensee shall display her or his license, and if
  229  applicable, national certification, in a conspicuous location in
  230  her or his place of practice and provide it to the department or
  231  the board upon request.
  232         (3)A licensee who uses a laser or light-based device for
  233  hair removal or reduction shall be certified by a nationally
  234  recognized electrology organization in the use of such devices
  235  and shall have the appropriate training, as determined by the
  236  board, for each such device used by the licensee.
  237         Section 9. Subsection (4) of section 478.50, Florida
  238  Statutes, is amended to read:
  239         478.50 Renewal of license; delinquent status; address
  240  notification; continuing education requirements.—
  241         (4)(a) An application for license renewal must be
  242  accompanied by proof of the successful completion of 20 hours of
  243  continuing education courses or proof of successfully passing a
  244  reexamination for licensure within the immediately preceding
  245  biennium which meets the criteria established by the board. Both
  246  the continuing education and reexamination shall contain
  247  education on blood-borne diseases. For licensees using laser or
  248  light-based devices for hair removal or reduction, the licensee
  249  shall provide the department with proof of current certification
  250  by a nationally recognized electrology organization in the use
  251  of such devices.
  252         (b) The board, with the assistance of the council, shall
  253  promulgate rules regarding approve criteria for, and content of,
  254  electrolysis training programs and continuing education courses
  255  required for licensure and renewal as set forth in this chapter.
  256         (c) Continuing education providers programs shall be
  257  approved by the board. Applications for approval shall be
  258  submitted to the board not less than 60 days nor more than 360
  259  days before a continuing education program is they are held.
  260         Section 10. Subsection (12) is added to section 478.51,
  261  Florida Statutes, to read:
  262         478.51 Electrology facilities; requisites; facility
  263  licensure; inspection.—
  264         (12)This section does not apply to a licensed practitioner
  265  who employs a licensed electrologist to perform electrolysis,
  266  including the use of laser and light-based devices for hair
  267  removal or reduction on the licensed practitioner’s patients at
  268  the licensed practitioner’s place of practice. This subsection
  269  does not restrict investigations conducted by the department for
  270  violations of this chapter or chapter 456, chapter 458, or
  271  chapter 459.
  272         Section 11. Paragraphs (h) and (m) and (p) through (v) of
  273  subsection (1) and subsection (4) of section 478.52, Florida
  274  Statutes, are amended to read:
  275         478.52 Disciplinary proceedings.—
  276         (1) The following acts constitute grounds for denial of a
  277  license or disciplinary action, as specified in s. 456.072(2):
  278         (h) Willfully failing to report any known violation of this
  279  chapter or chapter 456.
  280         (m) Practicing or offering to practice beyond the scope
  281  permitted by law or accepting and performing professional
  282  responsibilities which the licensee knows, or has reason to
  283  know, she or he is not competent to perform.
  284         (p)Judicially determined mental incompetency.
  285         (p)(q) Practicing or attempting to practice electrology
  286  under a name other than her or his own.
  287         (q)(r) Being unable to practice electrology with reasonable
  288  skill and safety because of a mental or physical condition or
  289  illness, or the use of alcohol, controlled substances, or any
  290  other substance which impairs one’s ability to practice.
  291         1. In enforcing this paragraph, the department may, upon a
  292  finding of the State Surgeon General or the State Surgeon
  293  General’s designee that probable cause exists that the licensee
  294  is unable to practice because of the reasons stated in this
  295  paragraph, issue an order to, compel a licensee to submit to a
  296  mental or physical examination by physicians designated by the
  297  department. If the licensee refuses to comply with such order,
  298  the department may file a petition for enforcement in the
  299  circuit court where the licensee resides or does business. The
  300  licensee against whom the petition is filed may not be named or
  301  identified by initials in any public court records or documents,
  302  and the proceedings shall be closed to the public. The
  303  department shall be entitled to the summary procedure provided
  304  in s. 51.011 The cost of an examination shall be borne by the
  305  licensee, and her or his failure to submit to such an
  306  examination constitutes an admission of the allegations against
  307  her or him, consequent upon which a default and a final order
  308  may be entered without the taking of testimony or presentation
  309  of evidence, unless the failure was due to circumstances beyond
  310  her or his control.
  311         2. A licensee who is disciplined under this paragraph
  312  shall, at reasonable intervals, be afforded an opportunity to
  313  demonstrate that she or he can resume the practice of
  314  electrology with reasonable skill and safety.
  315         3. In any proceeding under this paragraph, the record of
  316  proceedings or the orders entered by the board may not be used
  317  against a licensee in any other proceeding.
  318         (r)(s) Disclosing the identity of or information about a
  319  patient without written permission, except for information which
  320  does not identify a patient and which is used for training
  321  purposes in an approved electrolysis training program.
  322         (s)(t) Practicing or attempting to practice any permanent
  323  hair removal or reduction except as described in s. 478.42(5) or
  324  (6) or s. 478.49.
  325         (t)(u) Operating any electrolysis facility unless it has
  326  been duly licensed as provided in this chapter.
  327         (u)(v) Violating any provision of this chapter or chapter
  328  455 456, or any rules adopted pursuant thereto.
  329         (4) The board, with the assistance of the council, may, by
  330  rule, establish guidelines for the disposition of disciplinary
  331  cases involving specific types of violations. The guidelines may
  332  include minimum and maximum fines, periods of supervision on
  333  probation, or conditions upon probation or reissuance of a
  334  license.
  335         Section 12. Subsection (6) of section 478.53, Florida
  336  Statutes, is amended to read:
  337         478.53 Penalty for violations.—It is a misdemeanor of the
  338  first degree, punishable as provided in s. 775.082 or s.
  339  775.083, to:
  340         (6) Practice or attempt to practice any permanent hair
  341  removal except as described in s. 478.42(5) or (6) or s. 478.49.
  342         Section 13. This act shall take effect July 1, 2017.