Chapter 094 |
2019 -- H 5251 SUBSTITUTE A Enacted 07/08/2019 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS - ELECTROLYSIS |
Introduced By: Representatives Corvese, Vella-Wilkinson, Lima, O'Brien, and |
Date Introduced: January 31, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. The title of Chapter 5-32 of the General Laws entitled "Electrolysis" is |
hereby amended to read as follows: |
CHAPTER 5-32 |
Electrolysis |
CHAPTER 5-32 |
ELECTROLYSIS AND LASER HAIR REMOVAL |
SECTION 2. Sections 5-32-1, 5-32-2, 5-32-3 and 5-32-4 of the General Laws in Chapter |
5-32 entitled "Electrolysis" are hereby amended to read as follows: |
5-32-1. "Electrolysis" defined.Definitions. |
As used in this chapter: |
(1) "Electrologist" means a person who is licensed by the department of health to perform |
electrolysis and/or laser hair removal. |
(2) For the purposes of this chapter, electrolysis is defined as "Electrolysis" means the |
method of removing hair from the human body by the application of an electrical current or any |
form of energy to the hair-papilla or hair germination by means of a needle or needles any other |
instrument or device to cause decomposition, or coagulation, of the hair-papilla and thus |
permanently remove the hair dehydration, or other form of tissue destruction, to permanently |
disable the hair follicle from producing hair. |
(3) "Laser" means the acronym for light amplification by stimulated emission of |
radiation. |
(4) "Laser hair removal" means using laser light to perform hair removal or reduction or |
electrolysis performed with laser light. |
(5) "Laser light" means an intense, coherent, directional beam of light produced by |
stimulated emission of photons. |
(6) "Medical director" means a Rhode Island licensed physician. |
5-32-2. Penalty for unlicensed practice. |
Every person who subsequently engages in the practice of electrolysis in this state |
without being licensed by the board of examiners in electrolysis is practicing illegally and, upon |
conviction, shall be fined not more than twenty-five dollars ($25.00) one hundred dollars ($100) |
and every day of the continuation of illegal practice is a separate offense. |
5-32-3. Certificates -- Applications -- Penalty for violations. |
The division of professional regulation of the department of health shall issue certificates |
to practice electrolysis and laser hair removal, as defined in this chapter, to any persons that who |
comply with the provisions of this chapter. Any person who desires to engage in that practice |
shall submit, in writing, in any form that is required by the board, an application for a certificate |
to engage in that practice. The application shall be accompanied by a fee as set forth in § 23-1-54. |
Any person, firm, corporation, or association violating any of the provisions of this chapter |
commits a misdemeanor and, upon conviction, shall be punished by a fine not to exceed two |
hundred dollars ($200), or imprisoned for a period not to exceed three (3) months, or both the fine |
and imprisonment. |
5-32-4. Qualifications of applicants. |
Licenses to engage in the practice of electrolysis and laser hair removal shall be issued to |
the applicants who comply with the following requirements: |
(1) Are citizens or legal residents of the United States. |
(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 § 5-32-20, or has 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 the 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 they serve 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. |
(6) Passes an examination approved by the department of health. |
SECTION 3. Chapter 5-32 of the General Laws entitled "Electrolysis" is hereby amended |
by adding thereto the following section: |
5-32-21. Practice of laser hair removal. |
(a) A person licensed as an electrologist before July 1, 2019, who has practiced laser hair |
removal under the supervision of a medical director for not less than two (2) years and has |
conducted at least one thousand (1,000) laser hair removal treatments, whichever is later, with no |
disciplinary complaints that were found to be actionable by the department resulting in the |
suspension of a license, shall be permitted to practice electrology and laser hair removal without |
medical director oversight. The department may reinstate the requirement to perform laser hair |
removal under the supervision of a medical director for a period of two (2) years as part of a |
disciplinary settlement; provided, however, that the department shall not require the medical |
director to be located on-site, but shall be available for consultation. |
(b) A person licensed as an electrologist after July l, 2019, shall practice laser hair |
removal only under the supervision of a medical director, who shall not be required to be located |
on-site, but who shall be available for consultation. A licensed electrologist, upon completion of |
two (2) years of practice under the supervision of a medical director, may submit an application |
to the department certifying the following: |
(1) Completion of two (2) years of laser hair removal treatment of patients under the |
oversight of a medical director; |
(2) Completion of one thousand (1,000) patient laser hair removal treatments; and |
(3) American Electrology Association Board certification. |
An electrologist meeting the foregoing criteria shall be exempt from the requirement to |
practice laser hair removal under the supervision of a medical director. The department may |
reinstate the requirement to perform laser hair removal under the supervision of a medical |
director for a period of two (2) years as part of a disciplinary settlement; provided, however, that |
the medical director shall not be required to be located on-site, but shall be available for |
consultation. |
(c) All equipment used for laser hair removal shall comply with all applicable rules and |
regulations of the United States Food and Drug Administration. |
(d) An electrologist shall maintain a complete record of receipt, transfer, and disposal for |
each device used for electrolysis and laser hair removal, which shall be in writing or capable of |
reproduction in written form, and shall, at a minimum, contain the following data: |
(1) Manufacturer's name; |
(2) Model and serial number of the device; |
(3) Date of the receipt, transfer, or disposal; |
(4) Name and address of the person the device was received from, transferred to, or to |
whom the device was transferred for disposal; and |
(5) Name of the person recording the information. |
SECTION 4. This act shall take effect upon passage. |
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LC001024/SUB A |
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