A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- ELECTROLYSIS
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-32-4, 5-32-6, 5-32-7, 5-32-9, 5-32-11, 5-32-13 and 5-32-17 of the General Laws in Chapter 5-32 entitled "Electrolysis" are hereby amended to read as follows:
5-32-4. Qualifications of applicants -- (a)
Certificates Licenses to engage in the practice of electrolysis are issued to the applicants as comply with the following requirements:
(1) Are citizens or legal residents of the United States
and residents of this state for at least one year. .
(2) Have attained the age of eighteen (18) years.
(3) Have graduated from a high school or whose education is the equivalent of a high school education.
(4) Have satisfactorily completed a course of training and study in electrolysis as a registered apprentice under the supervision of a licensed Rhode Island electrologist who is qualified to teach electrolysis to apprentices as prescribed in section 5-32-17 or shall have graduated from a school of electrolysis after having satisfactorily completed a program consisting of not less than six hundred fifty (650) hours of study and practice in the theory and practical application of electrolysis. That apprenticeship includes at least six hundred and fifty (650) hours of study and practice in the theory and practical application of electrolysis within a term of nine (9) months; provided, that that apprentice registers with the division of professional regulation of the department of health upon beginning his or her course of instruction and the licensed person with whom he or she serves that apprenticeship keeps a record of the hours of that instruction and upon the completion of that apprenticeship certifies that fact to the board of examiners in electrolysis.
(5) Is of good moral character
and free of infectious diseases. .
the an examination given approved by the board of examiners in electrolysis. the department of health. (b) The requirement of training and study provided for in this section shall not apply to trainees registered with the division of professional regulation within the department of health prior to May 15, 1969.
Examination of applicants -- Expiration and renewal of certificates -- Examination of applicants -- Expiration and renewal of licenses. -- Examination of applicants for certificates licenses is held at least twice a year in the city of Providence and may be held elsewhere in the discretion of the division of professional regulation of the department of health. The division has the power to adopt, change, alter and amend, rules and regulations for the conducting of those examinations, and may fix the fee for reexamination. The division issues to each person successfully passing the examination, where an examination is required, and who satisfies the division of his or her qualifications, a certificate license, signed by the administrator of the division, entitling him or her to practice that business in this state for the annual period stated in the certificate license, or until the certificate license is revoked or suspended, as subsequently provided. All certificates licenses expire on the 30th day of April of each year, unless sooner suspended or revoked, and are renewed for the next ensuing year by the division upon payment to it of an annual renewal fee of twenty-five dollars ($25.00) for each renewal.
5-32-7. Certification of licensees from other states -- Any person licensed to practice electrolysis in any other state or states
, who is, or in good faith intends to become, a resident of this state, where the requirements are the equivalent of or exceed those of this state and who meets the requirements of this chapter is entitled to take that examination and, if he or she passes that examination, is, upon the payment of a fee of fifty dollars ($50.00), entitled to be licensed under the provisions of this chapter.
Fixed place of business -- Sanitary regulation -- Practice on Sundays and holidays -- Fixed place of business -- Sanitary regulation. -- The practice of electrolysis is engaged in only in a fixed place or establishment which place or establishment is provided with any instruments, implements, and equipment and subject to any sanitary regulation and inspection that the division of professional regulation of the department of health prescribes and shall not be practiced on Sundays or holidays. .
Display of certificates -- Revocation or suspension of certificates for gross unprofessional misconduct -- Display of licenses -- Revocation or suspension of licenses for gross unprofessional misconduct -- (a) Every certificate license issued under this chapter specifies the name of the person to whom it was issued and shall be displayed prominently in the place of business or employment. The division of professional regulation of the department of health has power to revoke or suspend any certificate license of registration issued under this chapter for gross unprofessional conduct. Gross unprofessional conduct is defined as including, but not limited to:
(1) The use of any false or fraudulent statement in any document connected with the practice of electrolysis.
(2) The obtaining of any fee by fraud or
willful misrepresentation either to a patient or insurance plan.
willful violation of a privileged communication.
(4) Knowingly performing any act which in any way aids or assists an unlicensed person to practice electrolysis in violation of this chapter.
(5) The practice of electrolysis under a false or assumed name.
(6) The advertising for the practice of electrolysis in a deceptive or unethical manner.
(7) Habitual intoxication or addiction to the use of drugs.
Willful or repeated vViolations of any of the rules or regulations of the state department of health, or the violation of any section of this chapter.
(9) Gross incompetence in the practice of his or her profession.
(10) Repeated acts of immorality or repeated acts of gross misconduct in the practice of his or her profession.
(b) Before any
certificate license is suspended or revoked, its holder is notified, in writing, of the charge or charges preferred against him or her and has a reasonable time to prepare his or her defense and has the right to be represented by counsel and to be heard and to present his or her defense. Any person whose certificate license is suspended or revoked may apply to have the certificate license reissued and the certificate license may be reissued to him or her upon a satisfactory showing that the cause for disqualification has ceased. The division of professional regulation of the department of health has power by its administrator to summon any person to appear as a witness and testify at any hearing of the division, to examine witnesses, administer oaths and punish for contempt any person refusing to appear or testify. The division serves a copy of its decision or ruling upon any person whose certificate license has been revoked or refused.
Annual renewal of certificates -- Annual renewal of licenses. -- All certificates licenses issued under the provisions of this chapter are renewed annually by the holders of the certificate license at an annual renewal fee of twenty-five dollars ($25.00) by the division of professional regulation of the department of health.
5-32-17. Qualifications for teaching electrolysis. -- (a) A person in order to qualify as an instructor or teacher of electrolysis to apprentices must:
(1) Have been actively engaged as a licensed practitioner of electrolysis for at least five (5) years.
(2) Pass a state board examination specifically designed to evaluate his or her qualifications to teach electrolysis.
(3) Be a high school graduate or the equivalent.
(b) Upon satisfactorily passing this examination, the division of professional regulation of the department of health issues a
certificate license to the person upon the payment of a fee of eighty dollars ($80.00).
(c) A qualified licensed electrologist shall not register more than one apprentice for each nine (9) month training period.
SECTION 2. Section 5-32-14 of the General Laws in Chapter 5-32 entitled "Electrolysis" is hereby repealed in its entirety.
5-32-14. Disposition of fees -- Quarters for board -- The fees provided in this chapter are deposited as general revenues by the department of health who provides quarters for the board of examiners in electrolysis.
SECTION 3. This act shall take effect upon passage.