In this subtitle the following words have the meanings indicated. “Applicant” means, unless the context requires otherwise: An individual applying for an initial license by examination or endorsement; A licensee applying for renewal of a license; or An individual applying for reinstatement of a license in accordance with § 8–6B–14 of this subtitle. “Board” means the State Board of Nursing. “Committee” means the Electrology Practice Committee. “Electrologist” means an individual who practices electrology. “Electrology instructor” means an individual who practices electrology and teaches an electrology education program. “Expired license” means, unless the context requires otherwise, a license that was not renewed before the expiration date of the license as established by § 8–6B–14(a) of this subtitle. “Lapsed license” means, unless the context requires otherwise, a license that was not renewed because a licensee failed to renew the license or otherwise did not meet the renewal requirements of this subtitle. “License” means, unless the context requires otherwise, a license issued by the Board: To practice electrology; or To practice electrology and teach an electrology education program. “Licensed electrologist” means, unless the context requires otherwise, an electrologist who is licensed by the Board to practice electrology. “Licensed electrology instructor” means, unless the context requires otherwise, an electrologist who is licensed by the Board to practice electrology and teach an electrology education program. “Licensee” means, unless the context requires otherwise, a licensed electrologist or licensed electrology instructor who has: An active license; An inactive license; An expired license; A lapsed license; A suspended license; or a license subject to a reprimand, probation, or suspension. “Practice electrology” means to remove hair permanently through the use of electrical instruments.

This subtitle does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

The Board shall adopt regulations for the licensure of electrologists and for the practice of electrology.

The Board shall set reasonable fees for the issuance of and renewal of licenses and other services it provides to electrologists. The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure and the other services provided to electrologists. The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller of the State. The Comptroller shall distribute all fees to the Board. The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.

There is an Electrology Practice Committee within the Board. The Committee consists of three members appointed by the Board. Of the three Committee members: Two shall be licensed electrologists or licensed electrology instructors; and One shall be a consumer member. Each member of the Committee shall be a citizen of the United States and a resident of the State. Each electrologist member of the Committee shall have practiced electrology actively in the State for at least 5 years immediately before appointment. The consumer member of the Committee: Shall be a member of the general public; May not be or ever have been: An electrologist; A health care professional; or In training to be an electrologist or a health care professional; May not have a household member who is an electrologist, a health care professional, in training to be an electrologist, or in training to be a health care professional; and May not: Participate or ever have participated in a commercial or professional field related to electrology; Have a household member who participates in a commercial or professional field related to electrology; or Have, or have had within 2 years before appointment, a substantial financial interest in a person regulated by the Board. The term of a member is 4 years. The terms of the members are staggered as required by the provisions for members of the Committee on July 1, 2003. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member may not serve more than two consecutive full terms. To the extent practicable, the Board shall fill any vacancy on the Committee within 60 days of the date of the vacancy. A majority of the full authorized membership of the Committee is a quorum. In addition to any other meeting requirements of this title, the Committee shall meet: At the request of the executive director of the Board; or As necessary to conduct Board business. In accordance with the State budget, each member of the Committee is entitled to: Compensation, at a rate determined by the Board, for each day, or part of a day, on which the member is engaged in the duties of the Committee; and Reimbursement for expenses under the Standard State Travel Regulations. The Board may remove a member for incompetence or misconduct. The Board may remove a member who is absent from two successive Committee meetings without adequate reason.

In addition to the powers set forth elsewhere in this subtitle, the Committee shall: Make recommendations to the Board regarding regulations necessary to carry out the provisions of this subtitle; Make recommendations to the Board regarding a code of ethics for the practice of electrology; Make recommendations to the Board regarding the requirements for licensure as an electrologist or an electrology instructor; Review applications for licensure as an electrologist or electrology instructor and make recommendations to the Board; Maintain a list of all currently licensed electrologists and electrology instructors; Make recommendations to the Board regarding continuing education requirements for electrologists; At the request of the Board, investigate complaints against licensed electrologists; Review electrology education programs both in the State and out of state in accordance with § 8–6B–16 of this subtitle to determine compliance with the standards of that section and make recommendations to the Board regarding approval or disapproval of these programs; Review advertising by licensed electrologists and by institutions that offer an electrology program and make recommendations to the Board, as necessary; At the request of the Board, after the Board has received a written and signed complaint, including a referral from the Commissioner of Labor and Industry, conduct an unannounced inspection of the office of an electrologist, other than an office of an electrologist in a hospital, related institution, freestanding medical facility, or a freestanding birthing center, to determine compliance at that office with the Centers for Disease Control and Prevention’s guidelines on universal precautions and make recommendations to the Board, as necessary; At the request of the Board, after the Board has received notice that an electrologist has opened an office, after notifying the electrologist, conduct an inspection of the office to determine compliance with the Board’s regulations relating to the minimum requirements for an office and make recommendations to the Board, as necessary; Advise the Board on matters relating to the practice of electrology; Keep a record of its proceedings; and Submit an annual report to the Board.

Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice electrology or teach an electrology education program in the State. This section does not apply to a student who is practicing electrology as part of an approved clinical electrology education program.

To qualify for a license, an applicant shall be an individual who submits to a criminal history records check in accordance with § 8–303 of this title and meets the requirements of this section. The applicant shall be of good moral character. The applicant shall be at least 18 years old. Except as otherwise provided in this subtitle, an applicant shall be a high school graduate or have completed equivalent education and have completed satisfactorily: An electrology education program, taught by a licensed electrology instructor, that includes at least 600 hours of instruction, and has been approved by the Board; or An electrology education program in any other state that the Board determines is substantially equivalent to that required by item (1) of this subsection. Except as otherwise provided in this subtitle, each applicant shall pass: An examination approved by the Board; and A clinical examination approved by the Board. Applicants are responsible for scheduling the examinations required under paragraph (1) of this subsection. In addition to the other requirements of this section, an applicant for an electrology instructor license shall: Be a licensed electrologist; Have practiced electrology actively for at least 5 years immediately before the application; Pass an examination approved by the Board; and Meet any other requirements set forth in regulations adopted by the Board under § 8–6B–03 of this subtitle.

To apply for a license, an applicant shall: Submit to a criminal history records check in accordance with § 8-303 of this title; Submit to the Board: An application on the form that the Board requires; Written, verified evidence that the requirement of item (1) of this subsection is being met; and Evidence of compliance with the requirements of § 8-6B-08 of this subtitle; and Pay to the Board a fee set by the Board. The Board shall issue the appropriate license to an applicant who meets the requirements of this subtitle.

An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. An applicant shall take a written examination approved by the Board. The Board or the Board’s designee shall give clinical examinations to applicants. The Board or the Board’s designee may give reexaminations to applicants who fail the clinical examination. The Board or the Board’s designee shall notify each qualified applicant of the time and place of examination for the written and clinical examinations. Except as otherwise provided under this subtitle, the Board shall determine the passing score for examinations given under this subtitle. An applicant may retake a written examination or a failed section of a written examination after paying a reexamination fee set by the Board or the administrator of a national examination. An applicant who fails two reexaminations may retake the written examination only if the applicant: Retakes the entire examination; Pays the full examination fee; and Completes an education program that the Board requires.

Subject to the provisions of this section, the Board may issue a license by endorsement and waive the examination requirement of this subtitle for an individual who is licensed to practice electrology in another state. The Board may issue a license by endorsement under this section only if the applicant: Pays the license fee required by the Board; and Provides adequate evidence that the applicant: Meets the qualifications otherwise required by this subtitle; Became licensed in the other state after passing in that state, or any other state, an examination that is substantially equivalent to an examination approved by the Board; and Became licensed in the other state after meeting requirements that are substantially equivalent to the requirements of this subtitle.

Subject to subsection (c) of this section, the Board shall issue a license to any applicant who: Meets the requirements of this subtitle; and Pays a license fee set by the Board. The Board shall include on each license that the Board issues a license designation as: Licensed electrologist; or Licensed electrology instructor. On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 8-303 of this title, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates that the applicant does not pose a threat to the public health or safety. The Board may not issue a license if the criminal history record information required under § 8-303 of this title has not been received.

An electrologist’s license issued under this subtitle authorizes the licensee to practice electrology while the license is effective. An electrology instructor’s license issued under this subtitle authorizes the licensee to practice electrology and to teach an electrology education program while the license is effective.

A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years. At least 3 months before a license expires, the Board shall send a renewal notice to the licensee, by: First–class mail to the last known mailing address of the licensee; or Electronic means to the last known electronic address of the licensee. A renewal notice shall state: The date on which the current license expires; The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Except as otherwise provided in this subtitle, before a license expires, the licensee periodically may renew it for an additional term, if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with any continuing education requirement set under this subtitle for license renewal. In addition to any other qualifications and requirements established by the Board, the Board may establish continuing education or competency requirements as a condition to the renewal of licenses under this section. Subject to subsection (k) of this section, the Board shall renew the license of each licensee who meets the requirements of this section. If a licensee fails to provide satisfactory evidence of compliance with any continuing education requirements set under this subtitle for license renewal, the Board shall place the licensee on inactive status. The Board shall place a licensee on inactive status and record the inactive status in the Board’s database and on the Board’s Web site, if the licensee submits to the Board: An application for inactive status on the form required by the Board; If applicable, documentation of a medical condition that the Board determines will prevent the licensee from practicing electrology; and If applicable, the inactive status fee set by the Board. The Board shall reactivate the license of an individual who is on inactive status and record the status of the licensee as active in the Board’s database and on the Board’s Web site, if the individual: Complies with any continuing education requirement established by the Board for this purpose; If applicable, submits documentation satisfactory to the Board that the medical condition for which the inactive status was granted no longer exists; If applicable, pays to the Board a reactivation fee set by the Board; and Is otherwise entitled to be licensed. If the individual has been on inactive status for 5 years or more, before the Board may reactivate the license, the individual must pass an examination approved by the Board. If a licensee is granted inactive status because of a medical condition, the Board may not charge a fee to place the licensee on or remove the licensee from inactive status. If a licensee is granted inactive status because of a medical condition, the inactive status: May not be considered a disciplinary action under § 8–6B–18 of this subtitle; and May not be reported to any certifying entity, employer, or insurance company as a disciplinary action. The Board, in accordance with its rules and regulations, shall reinstate the license of an individual who has failed to renew the license for any reason if the individual: Is otherwise entitled to be licensed; Complies with any continuing education requirement established by the Board for this purpose; Pays to the Board a reinstatement fee set by the Board; For an expired license or lapsed license that has been expired or lapsed for more than 1 year, completes a criminal history records check in accordance with § 8–303 of this title; and Applies to the Board for reinstatement of the license within 5 years after the license expires. The Board may not reinstate the license of an electrologist or an electrology instructor who fails to apply for reinstatement of the license within 5 years after the license expires. The electrologist or electrology instructor may become licensed by meeting the current requirements for obtaining a new license under this subtitle. The Board shall require a criminal history records check on selected annual renewal applicants as determined by regulations adopted by the Board in accordance with § 8–303 of this title. An additional criminal history records check shall be performed every 12 years thereafter. On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 8–303 of this title, in determining whether to initiate disciplinary action against a licensee based on the information received, the Board shall consider: The age at which the crime was committed; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates that the licensee does not pose a threat to the public health or safety. The Board may not renew a license without written documentation that the applicant has submitted to the criminal history records check required under § 8–303 of this title.

Unless the Board agrees to accept the surrender of a license, a licensed electrologist or licensed electrology instructor may not surrender the license. The Board may require terms and conditions on an agreement with the licensed electrologist or licensed electrology instructor to accept surrender of the license. An agreement to accept the surrender of a license is a final order of the Board and is a public record.

Before an institution may operate an electrology education program in the State, the Board shall approve the program. The Board shall approve an electrology education program in the State if: The Maryland Higher Education Commission approves the program; and The institution that offers the program submits evidence to the Board that the institution is prepared to: Meet the standards established in regulations adopted by the Board under § 8-6B-03 of this subtitle; and Carry out an education program in: The theory of electrology; or The clinical practice of electrology. The Board periodically may evaluate electrology programs in the State and prepare a written report. If an institution that offers an approved electrology education program violates any of the standards set by the Board under this subtitle, the Board shall give the institution specific, written notice of the violation.

Subject to the hearing provisions of § 8-317 of this title and § 8-6B-19 of this subtitle, the Board may remove an institution from its list of institutions that offer approved electrology education programs if the institution: Is guilty of fraud or deceit in obtaining or attempting to obtain approval; Acts in a manner inconsistent with generally accepted standards for the practice of electrology; Advertises in a manner that the Board determines violates § 8-6B-22 of this subtitle; Violates the standards set under this subtitle and does not correct the violation in a reasonable time after notice is given; or No longer operates a program that qualifies for approval under this subtitle.

Subject to the hearing provisions of § 8–317 of this title and § 8–6B–19 of this subtitle, the Board may deny a license to an applicant, grant a license, including a license subject to a reprimand, probation, or suspension, to an applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke a license if the applicant or licensee: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; Fraudulently or deceptively uses a license; As part of the practice of electrology, knowingly does an act that exceeds the scope of the practice of electrology; Is grossly negligent in practicing or teaching an electrology education program; Acts in a manner inconsistent with generally accepted standards for the practice of electrology; Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; Is disciplined by a licensing or disciplinary authority of any state or country, convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; Provides professional services while: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; Uses types of instruments or procedures in the practice of electrology that are not approved by the Board; Advertises in a manner that violates this subtitle; Uses a title not authorized by § 8–6B–23 of this subtitle; Is currently adjudicated as being a disabled individual under Title 13 of the Estates and Trusts Article; Practices electrology with an unauthorized individual or supervises or aids an unauthorized individual in the practice of electrology; Willfully makes or files a false report or record in the practice of electrology; Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; Submits a false statement to collect a fee; Violates a provision of this subtitle or a rule or regulation adopted by the Board; Uses or promotes or causes the use of a misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial; Is professionally, physically, or mentally incompetent; Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain; Behaves immorally in the practice of electrology; Commits an act of unprofessional conduct in the practice of electrology; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions; Fails to submit to a criminal history records check in accordance with § 8–303 of this title; Fails to allow an inspection under § 8–6B–06(10) and (11) of this subtitle; Fails to cooperate with a lawful investigation conducted by the Board; Practices electrology without a license before obtaining or renewing a license, including any period when practicing electrology on an expired license or a lapsed license; or After failing to renew a license, commits any act that would be grounds for disciplinary action under this section. In addition to any sanction authorized under this section, the Board may require a licensee to comply with specified terms and conditions determined by the Board.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8-6B-17 or § 8-6B-18 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The hearing notice to be given to the person shall be sent by certified mail, return receipt requested, to the last known address of the person at least 30 days before the hearing. The person may be represented at the hearing by counsel. The Board may issue subpoenas and administer oaths in connection with a proceeding under this section. If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, then on petition of the Board, a court of competent jurisdiction: Shall compel compliance with the subpoena; and May hold the person in contempt of court. If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter. The hearing of charges may not be stayed or challenged by procedural defects alleged to have occurred prior to the filing of charges. After the Board conducts an investigation under this subtitle, the Board may issue an advisory letter to the licensee. The Board may disclose an advisory letter issued under this subsection to the public. The issuance of an advisory letter under this subsection may not: Be considered a disciplinary action under § 8–6B–18 of this subtitle; and Be reported to any licensing entity, employer, or insurance company as a disciplinary action.

If after a hearing under § 8-6B-19 of this subtitle the Board finds that there are grounds under that section to suspend or revoke a license, the Board may impose a penalty not exceeding $5,000: Instead of suspending the license; or In addition to suspending or revoking the license. The Board shall adopt rules and regulations to set standards for the imposition of penalties under this section. The Board shall pay a penalty collected under this section into the General Fund of the State.

Except as provided in subsection (b) of this section, a person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. A person aggrieved by a final decision of the Board pursuant to § 8–6B–19 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act. An order of the Board may not be stayed pending review.

If a license was suspended or revoked for a period of more than 1 year, or if a period of more than 1 year has passed since a license was surrendered, the Board may reinstate the license if the licensee: Applies to the Board for reinstatement; Meets the requirements for renewal under § 8–6B–14 of this subtitle; Meets any other requirements for reinstatement as established by the Board; and Submits to a criminal history records check in accordance with § 8–303 of this title. If a licensee meets the requirements of subsection (a) of this section, the Board may: Reinstate the license; Reinstate the license subject to terms and conditions that the Board considers necessary, including a period of probation; or Deny reinstatement of the license.

Unless authorized to practice electrology, or to teach an electrology program under this subtitle, an individual may not represent to the public by title, description of service, method, procedure, or otherwise, that the individual is authorized to practice electrology or to teach an electrology education program in the State. Neither a licensee nor an institution that offers an approved electrology education program may advertise in a manner that is unreasonable, misleading, or fraudulent. Unless authorized to practice electrology or instruct electrology under this subtitle, a person: May not use the designation “electrologist”, “licensed electrologist”, “licensed electrology instructor”, or “electrology instructor”; and May not use the abbreviation “L.E.” or “L.E.I.”.

The Board shall adopt rules and regulations that specify the types of instruments and procedures that the Board approves for use in the practice and teaching of electrology. A licensee may use only those types of instruments and procedures in the practice of electrology or teaching of the clinical practice of electrology that are approved by the Board.

A person who violates any provision of § 8–6B–23 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

This subtitle may be cited as the “Maryland Electrologists Act”.

The authority of the Board established under this subtitle: Vests with the Board at the time an individual applies for licensure; Continues during periods of licensure; and Includes authority over an individual holding an expired license or a lapsed license. The authority of the Board shall be continuous over an individual applicant or licensee and may not be divested by withdrawal of an application or when a license expires or lapses.

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, and subject to the termination of this title under § 8–802 of this title, this subtitle and all rules and regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2030.