Plain Text Law

Title 10 — Subtitle 53. Board of Nursing — Electrology Practice Committee

Chapter 01. Definitions

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the Maryland Board of Nursing.
(2)
“CEU” means continuing education courses that have been approved by the Board.
(3)
“Committee” means the Electrology Practice Committee of the Board.
(4)
“CDC” means the Centers for Disease Control and Prevention.
(5)
“Central Repository” means the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.
(6)
“Clinical examination” means an examination approved by the Board and administered by the Electrology Practice Committee for testing the clinical competency of applicants for licensure.
(7)
“Criminal history records check” means the performance of both a State criminal history check by the Central Repository and a national criminal history check by the Federal Bureau of Investigation (FBI).
(8)
“Criminal history records information” means information provided by the criminal history records check regarding an applicant's criminal arrests, charges, and convictions and other dispositions of criminal charges.
(9)
“MHEC” means the Maryland Higher Education Commission.
(10)
“National theory exam” means an exam approved by the Board and the American Electrology Association.

Chapter 02. Licensure

Regulation .01 General Provisions for Applications.Copy Citation

A.
An applicant shall submit:
(1)
A completed application to the Board on the form that the Board requires;
(2)
To a criminal history records check (CHRC) in accordance with Health Occupations Article, §8–303, Annotated Code of Maryland;
(3)
Written evidence satisfactory to the Board that the applicant has submitted to a CHRC as required under §A(2) of this regulation by submitting:
(a)
Two sets of fingerprints, as required by the Central Repository and the FBI; and
(b)
All fees required by the Central Repository and the FBI;
(4)
Any documentation requested from the applicant by the Board including, but not limited to, official certified or true test court documents and a signed, dated explanation written by the applicant, regarding the facts and circumstances, outcome, and current status of any criminal history record information received by the Board:
(a)
Under §A(2) of this regulation;
(b)
In an answer to a question on the Board’s application form; or
(c)
From any other source; and
(5)
Any additional documentation requested by the Board if the documentation received from the applicant under this section is incomplete or insufficient.
B.
If an application is not complete when initially submitted to the Board by the applicant, the applicant shall have no longer than 12 months from the date the application is received by the Board to complete the application and provide all information and documents required in §A of this regulation.
C.
If an applicant fails to provide to the Board a complete application and any additional documentation requested by the Board under §A of this regulation within 12 months from the date the application is received by the Board, then the application shall be considered abandoned and may be destroyed.
D.
Once an application is deemed abandoned under §C of this regulation, an individual seeking licensure shall submit a new application on the form required by the Board and meet all of the requirements for licensure and pay the required fees that are in effect at the time of re-application.

Regulation .02 Applicants for Licensure.Copy Citation

A.
An applicant for licensure in electrology shall:
(1)
Be of good moral character;
(2)
Be 18 years old or older;
(3)
Be a high school graduate or equivalent; and
(4)
Have successfully completed an electrology program that is in:
(a)
Maryland and approved by the Board; or
(b)
Another State, territory, or country that the Board determines is substantially equivalent to the program required by the Board in Maryland.
B.
To apply for a license, an applicant shall:
(1)
Comply with all of the requirements under Regulation .01A of this chapter; and
(2)
Submit to the Board:
(a)
Evidence of compliance with §A of this regulation;
(b)
Information required by Regulation .03 or .04 of this chapter as appropriate;
(c)
Any applicable fee as set by the Board in COMAR 10.53.12; and
(d)
Any additional information required by the Board.
C.
The Board shall issue a license to an applicant who meets the requirements for licensure.
D.
A license may not be issued until the Board has:
(1)
Received and reviewed the criminal history records information; and
(2)
Approved the application.

Regulation .03 Licensure by Examination.Copy Citation

A.
An applicant for licensure by examination shall submit to the Board:
(1)
A completed application;
(2)
The fee for examination as set forth in COMAR 10.53.12 that includes the application and clinical exam fees;
(3)
A certified copy of the applicant's birth certificate or other legal proof of age;
(4)
A copy of:
(a)
Proof of completion of high school or attainment of equivalent education; and
(b)
A certificate of completion from each electrology instruction program attended, with verification of the number of hours completed in each theory and clinical training; and
(5)
Written, verified evidence satisfactory to the Board that the applicant has completed the application for a criminal history records check by submitting the following:
(a)
Two sets of fingerprints, as required by the Central Repository and the FBI; and
(b)
All fees required by the Central Repository and the FBI.
B.
An applicant eligible for the clinical examination shall be given a timely appointment.
C.
An applicant eligible for the national theory exam will be notified by the Board as to when the applicant may schedule the theory exam.
D.
To be eligible for licensure, an applicant shall earn a score of:
(1)
75 percent or higher on the theory examination; and
(2)
75 percent or higher on the clinical examination.
E.
A license may not be issued until the Board has:
(1)
Received and reviewed the criminal history records information; and
(2)
Approved the application.

Regulation .04 Licensure by Waiver.Copy Citation

A.
An applicant who is licensed in another state shall:
(1)
Comply with all requirements under Regulation .01A of this chapter; and
(2)
Submit to the Board:
(a)
Verification of the license;
(b)
Evidence of successful examination in another state that was substantially equivalent to the examinations given in this State; and
(c)
A certificate of completion from each electrology instruction program attended that was substantially equivalent to the program requirements in this State, with a transcript or verification of the number of hours completed in each theory and clinical training.
B.
The Board may waive the examinations if the applicant:
(1)
Provides verified documentation that the applicant:
(a)
Is licensed to practice electrology in another state after meeting requirements that are substantially equivalent to the requirements in Maryland;
(b)
Became licensed in the other state after passing in that state, or any other state, examinations that are substantially equivalent to the examinations approved by the Board; and
(c)
Meets the qualifications otherwise set forth in Regulation .01 of this chapter; and
(2)
Pays the application fee set forth in COMAR 10.53.12.
C.
A license may not be issued until the Board has:
(1)
Received and reviewed the criminal history records information; and
(2)
Approved the application.

Regulation .05 Renewal of Licensure.Copy Citation

A.
A licensee otherwise entitled to be licensed shall renew a license for 2 years by submitting to the Board:
(1)
A renewal application on a form provided by the Board;
(2)
The applicable fee as set forth in COMAR 10.53.12; and
(3)
Evidence acceptable to the Board of completion of the CEU requirement as set forth in COMAR 10.53.04.
B.
On notification by the Board that a criminal history records check is required before renewal of licensure, a renewal applicant shall comply with all requirements under Regulation .01A of this chapter.
C.
After notification to the licensee at the address provided to the Board that a criminal history records check is required for renewal, the Board may not renew a license without written documentation that the applicant has submitted to a criminal history records check in accordance with Health Occupations Article, §8-303, Annotated Code of Maryland.

Regulation .06 Inactive Status.Copy Citation

A.
The Board shall place a license on inactive status if the licensee:
(1)
Submits to the Board:
(a)
A written request for inactive status; and
(b)
The applicable one-time fee as set forth in COMAR 10.53.12; or
(2)
Fails to submit the number of CEUs required for renewal of licensure as set forth in COMAR 10.53.04.
B.
The Board shall reactivate a license if:
(1)
The license has been inactive for less than 5 years;
(2)
The licensee is otherwise entitled to be licensed; and
(3)
The licensee submits to the Board:
(a)
A reactivation application on a form required by the Board;
(b)
Evidence of completion of 10 CEUs for each year before application;
(c)
The renewal fee as set forth in COMAR 10.53.12; and
(d)
Written, verified evidence that the applicant for reactivation of their license has completed an application for a criminal history records check by submitting the following:
(i)
Two sets of fingerprints, as required by the Central Repository and the FBI; and
(ii)
All fees required by the Central Repository and the FBI.
C.
A license may not be reactivated until the Board has:
(1)
Received and reviewed the criminal history records information; and
(2)
Approved the application.
D.
If a license has been inactive for 5 years or more, the individual shall successfully take the Board-approved theory and clinical electrology examinations.
E.
While on inactive status an electrologist or electrology instructor is not authorized to practice or instruct and may not use the designation “Electrologist”, “Licensed Electrologist”, “Electrology Instructor”, “Licensed Electrology Instructor”, “L.E.”, or “L.E.I.”.

Regulation .07 Reinstatement of Licensure.Copy Citation

A.
The Board shall reinstate the license of an individual who has failed to renew licensure for less than 5 years for any reason if the individual:
(1)
Is otherwise entitled to be licensed; and
(2)
Submits to the Board:
(a)
An application for reinstatement on a form required by the Board within 5 years after the license expired;
(b)
Evidence satisfactory to the Board of compliance with the CEU requirement; and
(c)
Written, verified evidence that the renewal applicant has completed an application for a criminal history records check by submitting the following:
(i)
Two sets of fingerprints, as required by the Central Repository and the FBI; and
(ii)
All fees required by the Central Repository and the FBI.
B.
A license may not be issued until the Board has:
(1)
Received and reviewed the criminal history records information; and
(2)
Approved the application.
C.
An electrology instructor license that has been inactive or lapsed may be reinstated if the electrologist is:
(1)
Otherwise entitled to be licensed; and
(2)
Meets the requirements of Regulation .08B of this chapter.
D.
An electrologist or electrology instructor whose license has been expired for 5 years or more may become licensed if the individual meets the current requirements for initial licensure by examination.
E.
While the license is expired, the individual may not:
(1)
Practice as an electrologist or electrology instructor; or
(2)
Use the designation “Electrologist”, “Licensed Electrologist”, “Electrology Instructor”, “Licensed Electrology Instructor”, “L.E.”, or “L.E.I.”.

Regulation .08 Licensure Exception.Copy Citation

A license is not required for a student who is practicing electrology as part of an approved clinical electrology program.

Regulation .09 Instructor Licensure.Copy Citation

A.
General Requirements. An electrologist applying for an electrology instructor's license shall:
(1)
Be a licensed electrologist who has satisfied the requirements for licensure as set forth by this chapter;
(2)
Have practiced electrology actively for at least 5 years immediately before making application;
(3)
Submit an application on a form required by the Board at least 6 weeks before the instructor's examination is administered;
(4)
Pay an application fee as set forth in COMAR 10.53.12; and
(5)
Pass an examination which consists of the following:
(a)
Preparation of a unit plan;
(b)
Preparation of two written lesson plans which shall:
(i)
Be drawn from the unit plan; and
(ii)
Emphasize, but not be limited to, clinical electrology; and
(c)
Verbal presentation of one of the two written lesson plans submitted.
B.
Licensure Requirements. An electrologist applying for an electrology instructor’s license shall:
(1)
Receive a score of 80 percent or higher on unit and lesson plans as determined by the Board; and
(2)
Sit for the clinical examination at any time during the application process and demonstrate competency in all electrology modalities with a passing score of 80 percent or higher as determined by the Board.
C.
An electrology instructor shall conspicuously display proof of licensure at the instructor’s site of instruction.
D.
An electrology instructor shall keep the Board informed of:
(1)
The location of the site where instruction will be offered; and
(2)
Any change in instruction site address.

Chapter 03. Electrology Examination

Regulation .01 Theory and Clinical Examinations.Copy Citation

A.
The Board, upon the recommendation of the Electrology Practice Committee, shall approve an applicant to sit for the national theory Exam.
B.
The applicant, after being notified by the Board that they are eligible for the written national theory exam, shall schedule the time and date for taking the national theory Exam.
C.
The Board or the Board’s designee shall perform the clinical examination covering:
(1)
Standard precautions;
(2)
Sterilization;
(3)
Electrology instruments and technique;
(4)
General knowledge of electrology; and
(5)
The Maryland Electrology Practice and Regulations.
D.
The passing score for the national theory and the clinical examinations is 75 percent.
E.
The Committee may make recommendations to the Board concerning the examination.

Regulation .02 Reexamination.Copy Citation

A.
An applicant may retake a written examination or a failed section of a written examination after paying the reexamination fee established in COMAR 10.53.12.
B.
An applicant who fails the written examination two times may be re-examined if the applicant:
(1)
Completes an education program in areas in which the applicant, as determined by the Board, has demonstrated insufficient knowledge;
(2)
Retakes the theory examination and the clinical examination; and
(3)
Pays the full examination fee as set forth in COMAR 10.53.12.
C.
The Board or the Board’s designee may give reexaminations to applicants who fail the clinical examination.

Regulation .03 Examinations for Applicants with Special Needs.Copy Citation

A.
An applicant with a disability may request modifications in examination materials or procedures. The applicant shall:
(1)
Make the request in writing at least 6 weeks before the examination date; and
(2)
Include in the request:
(a)
The applicant's name;
(b)
The examination to be modified;
(c)
A letter from the appropriate medical professional which:
(i)
Confirms the disability; and
(ii)
Provides information describing the accommodations required; and
(d)
A letter from the applicant's education program, indicating what modifications, if any, were granted by the program.
B.
An applicant may be required to attend a personal interview with the Committee for the purpose of clarification of information on the special accommodation application.
C.
The Board reserves the right to review each special accommodation application and evaluate each application on its individual merits.

Regulation .04 Examination Misconduct.Copy Citation

A.
The Board may determine that an individual who subverts or attempts to subvert the licensing examinations has not passed the examinations.
B.
Conduct that subverts or attempts to subvert the licensing examinations includes, but is not limited to:
(1)
Violating the security of the examination materials;
(2)
Removing from the examination room any of the examination;
(3)
Reproducing a portion of the licensing examination;
(4)
Aiding in the reproduction of any portion of the licensing examination;
(5)
Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future or current theory or clinical examination;
(6)
Communicating with any other examinee during the administration of the theory or clinical examinations;
(7)
Copying answers from another examinee or permitting one's answers to be copied by another examinee during the administration of the examination;
(8)
Having in one’s possession during the administration of the theory or clinical examination any books, photographs, recording devices, notes, written or printed materials, or data of any kind other than the examination materials distributed; or
(9)
Falsifying or misrepresenting education credentials or other information for admission to the theory or clinical examinations by impersonating an examinee.

Chapter 04. Continuing Education

Regulation .01 Definition.Copy Citation

A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “One continuing education unit (CEU)” means 1 clock hour of participation in an organized continuing education experience that is:
(1)
Related to the clinical practice of electrology;
(2)
Obtained after original licensure is granted; and
(3)
Approved by the Board.
C.
Professional education eligible for continuing education credit shall be:
(1)
Relevant to the clinical practice of electrology; and
(2)
Directed to a professional audience.
D.
The Board shall have final approval of the relevancy of the program to the practice of electrology.

Regulation .02 Continuing Education Requirements.Copy Citation

A.
A licensed electrologist shall:
(1)
Complete 10 clock hours of Board-approved CEUs by October 28 of each year of licensure; and
(2)
Provide proof of completion to the Board upon renewal of licensure.
B.
CEUs earned in one renewal period may not be carried over to the next license renewal period.
C.
An individual seeking reinstatement of a license expired for less than 5 years shall provide evidence of 10 clock hours of Board-approved CEUs for each year the license was expired.

Regulation .03 Continuing Education Unit.Copy Citation

A.
One CEU is equivalent to 1 hour of education.
B.
More than one course may be taken to fulfill the CEU requirement.
C.
One semester credit hour at an approved university or college as required in Regulation .04 of this chapter taken for credit or audit is equivalent to 10 CEUs.
D.
The total number of CEUs required is prorated for an individual for whom one of the following actions takes place within a renewal period:
(1)
Issuance of an original license;
(2)
Reactivation of a license; or
(3)
Reinstatement of a license.
E.
CEUs may be obtained for the 2-year period, up to the maximum specified as follows:
(1)
6 CEUs in business management;
(2)
3 CEUs in CPR;
(3)
3 CEUs in First Aid;
(4)
6 CEUs by home study;
(5)
8 CEUs for each preparation and delivery of a lecture or published article; and
(6)
Any education earned under Regulation .04 of this chapter.

Regulation .04 Approval of Courses.Copy Citation

A.
The Board shall approve a course, seminar, or speaker session if it is:
(1)
Relevant to the practice of electrology; and
(2)
Offered by a:
(a)
College or university approved by MHEC;
(b)
State or national professional electrology association;
(c)
Board-approved electrology program;
(d)
Health department or hospital;
(e)
American Red Cross; or
(f)
American Heart Association.
B.
Requests for Approval.
(1)
If a course is not listed in §A of this regulation, an electrologist may request that the Board approve the course by submitting, in writing, at least 2 months before the course registration date, the following information on an application provided by the Board:
(a)
Title, location, and date of the course;
(b)
Sponsors;
(c)
Course objectives and contents;
(d)
Hours of study;
(e)
Name, qualifications, and curriculum vitae of each presenter; and
(f)
The specific information that relates to the CEU.
(2)
CEU Credit for Renewal.
(a)
CEUs shall be completed within the renewal period for which they are submitted between October 29th of the previous renewal period and October 28th of the present renewal period.
(b)
CEUs do not carry over to the next renewal period.
(c)
Credit will not be given for any CEU under §B(1) of this regulation unless the Board approves the program before the licensee attends an event.
(3)
The Board shall notify the applicant of the Board's decision.
(4)
An application for reapproval shall be made if there is a change of subject matter, length, or presenter of a course.

Chapter 05. Standards of Practice and Conduct

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Electronic devices” means, but is not limited to, any of the following:
(a)
Telephones with recording and picture-taking ability
(b)
Digital cameras or any other device that can record pictures and data;
(c)
Facsimile machines, photocopiers, and scanners for copying; and
(d)
Recording devices.
(2)
“Social media” means any form of electronic communication, including, but not limited to, communication by use of websites for social networking and blogging through which users create online communities to share information, ideas, personal messages, and other content such as videos.

Regulation .02 Standards of Practice.Copy Citation

A.
An electrologist shall be primarily concerned with the welfare of the patient.
B.
An electrologist shall seek professional treatment and refrain from the practice of electrology, if the electrologist suffers from a physical, mental, emotional, or chemical impairment which negatively impacts the electrologist's ability to practice electrology.
C.
An electrologist shall:
(1)
Use professional discretion and integrity in relationships with other members of the health care community;
(2)
Engage in professional conduct at all times, with honesty, integrity, self-respect, and fairness;
(3)
Remain free from conflicts of interest, fulfill the objectives, and maintain the integrity of the electrology profession;
(4)
Provide accurate fee information to:
(a)
Patients;
(b)
Individuals responsible for payment for treatment; and
(c)
Insurers;
(5)
Respect a patient's dignity, autonomy, and privacy; and
(6)
Practice electrology only as defined in the scope of practice set forth in Health Occupations Article, Title 8, Annotated Code of Maryland, and remain in compliance with all federal, State, and local laws governing the practice of electrology.
D.
Relationships with Patients. An electrologist shall:
(1)
Use professional judgment in evaluation and treatment procedures;
(2)
Make a full disclosure to each patient who cannot reasonably be expected to benefit from treatment;
(3)
Terminate a professional relationship with a patient in an appropriate manner;
(4)
Upon termination:
(a)
Provide the patient with sufficient notice to permit the patient to obtain the services of another professional; and
(b)
If appropriate, assist the patient by providing referrals;
(5)
Maintain written records of a patient under the electrologist's care for at least 7 years after termination of treatment;
(6)
Make a patient's records available to the patient upon request, complying with applicable laws for disclosure of medical records;
(7)
Arrange for another professional to provide for the needs of patients during anticipated absences when the electrologist would be unavailable to patients;
(8)
Accurately inform patients, other health care professionals, and the public of the limitations of the practice of electrology;
(9)
Adequately assess each patient before beginning treatment to determine if contraindications against treatment exist; and
(10)
Exercise independent professional judgment in the treatment or evaluation, or both, of patients, regardless of whether the patient was referred by another health care provider.
E.
Records, Confidentiality, and Informed Consent. An electrologist shall:
(1)
Respect and maintain the privacy and confidentiality of each patient;
(2)
Disclose patient records or information about a patient only with the patient's consent or as required by law;
(3)
Adequately safeguard confidential patient information, and properly store and dispose of records;
(4)
Provide sufficient information to a patient to allow the patient to make informed decisions regarding treatment, including:
(a)
The purpose and nature of any evaluation or treatment regimen;
(b)
Alternatives to treatment;
(c)
Side effects and benefits of any treatment regimen proposed and alternatives to that treatment;
(d)
The estimated cost of treatment;
(e)
The right of the patient to withdraw from treatment at any time, as well as the risks associated with withdrawing from treatment;
(f)
The patient's right to decline to participate in treatment if any aspect of the treatment will be recorded, documented, photographed, observed, or otherwise used in any educational or other program; and
(g)
Participating in research programs only if the programs comply with federal and State laws and only under the following conditions:
(i)
Informed consent of the patient is obtained;
(ii)
There is no direct or implied penalty for the patient's refusal to participate; and
(iii)
The patient's autonomy and dignity are respected.
(5)
Maintain medical records in accordance with Health-General Article, Title 4, Subtitle 4, Annotated Code of Maryland.
F.
Treatment.
(1)
An electrologist may not perform treatments or provide services which:
(a)
The electrologist is not qualified to perform; or
(b)
Are beyond the scope of the electrologist's education, training, capabilities, experience, and scope of practice.
(2)
An electrologist shall obtain additional training, information, and supervision as needed:
(a)
To perform a new electrology technique or service in a new specialty area; or
(b)
To employ a new treatment modality.
(3)
An electrologist shall maintain current licensure to practice electrology and satisfy continuing education requirements established by the Board.

Regulation .03 Unprofessional Conduct.Copy Citation

A.
It is unprofessional conduct to:
(1)
Fail to cooperate with a lawful investigation of the Board by failing to:
(a)
Furnish information requested;
(b)
Comply with a subpoena;
(c)
Respond to complaints at the request of the Board; and
(d)
Provide meaningful and timely access to relevant patient records;
(2)
Misrepresent professional credentials, qualifications, education, or affiliations;
(3)
Fail to attempt to correct others who misrepresent the electrologist's credentials, qualifications, education, or affiliations;
(4)
Engage in or condone conduct in the practice of electrology, which:
(a)
Is fraudulent;
(b)
Is dishonest;
(c)
Is deceitful; or
(d)
Involves moral turpitude;
(5)
Engage in commercial activities which conflict with the electrologist's duties as an electrologist;
(6)
Perform electrolysis on a patient if there is a contraindication against electrolysis treatment; and
(7)
Discriminate against a patient or health care provider based on:
(a)
Race;
(b)
Religion;
(c)
Age;
(d)
Gender;
(e)
Sexual orientation;
(f)
National origin; or
(g)
Human Immunodeficiency Virus (HIV) status.
B.
An electrologist may not:
(1)
Accept a patient for treatment, or continue treatment, if the patient cannot reasonably be expected to benefit from the treatment;
(2)
Receive remuneration from or split a fee for either making or accepting referrals of the patient to another health care practitioner;
(3)
Unless supported by scientific principles accepted by the profession, make guarantees or promises concerning the efficacy of:
(a)
A particular treatment in general;
(b)
The electrologist's practice in particular; or
(c)
A prognosis;
(4)
Continue treatment unnecessarily; or
(5)
Charge for services:
(a)
Not provided; or
(b)
Different from those actually provided.
C.
Professional Boundaries.
(1)
The electrologist has the ethical and professional obligation to maintain professional boundaries, even if the patient initiates crossing the boundaries of the professional relationship. The electrologist shall respect and maintain professional boundaries.
(2)
The electrologist may not use a relationship with a patient for the electrologist's advantage, including but not limited to personal, sexual, romantic, and financial relationships.
(3)
An electrologist may not engage in sexual or other inappropriate acts with a patient. Sexual misconduct includes, but is not limited to, sexual behavior with a patient in the context of a professional evaluation, treatment, procedure, or other service to the patient, regardless of the setting where the professional service is provided.
(4)
If an electrologist and a patient mutually desire a personal relationship, the electrologist shall:
(a)
Immediately terminate the professional relationship;
(b)
Make an appropriate referral to another health care practitioner; and
(c)
Wait an appropriate period of time before engaging in the relationship so that it is reasonably certain that the former professional relationship does not influence the personal relationship.
D.
Electronic devices including, but not limited to telephones, may not be used to take pictures or videos of clients without written client authorization.
E.
An electrologist:
(1)
May not make use of electronic devices and social media to transmit or place any client information online; and
(2)
Shall adhere to the following principles for the use of electronic devices and social media:
(a)
Every electrologist has an obligation to understand the nature, benefits, and consequences of using electronic devices and participating in social media networking;
(b)
An electrologist is bound to observe ethically prescribed client-electrologist boundaries when using electronic devices and social media as in any other setting;
(c)
Client information shall be maintained in separate encrypted and secured files on personal computers and online; and
(d)
The standards of professionalism are the same when using electronic devices and social media as in any other circumstance.
F.
An electrologist may not engage in behavior that dishonors the profession whether or not acting in the capacity of a licensed electrologist, including, but not limited to:
(1)
Reporting for employment under the influence of alcohol or a controlled dangerous substance or submitting a pre-employment sample that is positive for alcohol or a controlled dangerous substance without having provided evidence of valid prescriptions for all controlled dangerous substances in the sample;
(2)
Reporting for employment under the influence of an illicit drug or submitting a pre-employment sample that is positive for an illicit drug; or
(3)
Committing an act of moral turpitude, dishonesty, or corruption when the act directly or indirectly affects the health, welfare, or safety of the citizens of this State, and, if the act constitutes a crime, conviction thereof in a criminal proceeding is not a condition precedent to disciplinary action.

Regulation .04 Penalties.Copy Citation

Violation of this chapter may result in disciplinary action pursuant to Health Occupations Article, §8-6B-18, Annotated Code of Maryland.

Chapter 06. Electrology Programs

Regulation .01 Application for Approval.Copy Citation

A.
An institution shall be approved by the Board before initiating an electrology program.
B.
An institution seeking approval of an educational program shall submit to the Board:
(1)
A completed application on a form required by the Board;
(2)
A copy of the curriculum and course outline:
(a)
Describing how the program meets the requirements of Regulations .04 and .05 of this chapter; and
(b)
Providing for at least 600 hours of instruction;
(3)
A copy of the course catalog; and
(4)
Evidence of approval by MHEC.
C.
The Board shall notify the educational program of its decision within 60 days of the day a completed application is received by the Board.

Regulation .02 Enrollment.Copy Citation

At the time of enrollment, an institution shall:
A.
Provide each student with a copy of the Maryland Electrologists Act and the regulations under this subtitle;
B.
Provide each student with a copy of the course outline;
C.
Require the student to provide evidence of an eye examination and successful correction of any visual deficiency; and
D.
Have available a sufficient supply of approved textbooks.

Regulation .03 Theory Program.Copy Citation

A.
A theory program shall:
(1)
Be taught by a licensed electrology instructor;
(2)
Consist of at least 200 hours; and
(3)
Administer the theoretical study in not less than five sessions consisting of not more than 6 hours in each of the following subjects:
(a)
Introduction, which shall include:
(i)
The history and definition of electrology; and
(ii)
State laws and regulations governing the practice of electrology and requirements for licensure;
(b)
Anatomy of skin and hair;
(c)
Physiology of skin and hair;
(d)
Bacteriology;
(e)
Sanitation, disinfection, and sterilization procedures as described in COMAR 10.53.09;
(f)
Dermatology;
(g)
Neurology;
(h)
Cardiovascular system;
(i)
Endocrine system, with emphasis on adrenal glands and ovaries;
(j)
Hirsutism, including causes, testing, and treatment;
(k)
Alternative methods of hair removal;
(l)
Contraindications for electrolysis treatments;
(m)
Taking patient history; and
(n)
Professional ethics as set forth in COMAR 10.53.05.
B.
Members of the Committee shall be permitted to monitor the course at any time.

Regulation .04 Clinical Program.Copy Citation

A.
A clinical program shall:
(1)
Be taught by a licensed electrology instructor;
(2)
Consist of at least 400 hours;
(3)
Administer the clinical training in a semester consisting of not less than 3 months; and
(4)
Ensure that each day of clinical study consists of not more than:
(a)
6 hours of training; or
(b)
2 hours of training if on the same day as theory instruction.
B.
There shall be at least one licensed instructor in attendance at all times for ten students or less. A student may not be assigned in any capacity to instruct another student.
C.
The curriculum shall include:
(1)
Introduction, which shall include:
(a)
The definition of electrology; and
(b)
State laws and regulations governing the practice of electrology and requirements for licensure;
(2)
Professional ethics as set forth in COMAR 10.53.05;
(3)
Case history and record keeping;
(4)
Consultation;
(5)
Electrolysis, thermolysis, and the blend;
(6)
Electricity;
(7)
Needle types and performance;
(8)
Sanitation, disinfection, and sterilization procedures as described in COMAR 10.53.09;
(9)
Structure and dynamics of hair;
(10)
Regrowth;
(11)
Interpretation of hair growth patterns;
(12)
Evaluation of tissue before, during, and after treatment;
(13)
Draping, positioning, and lighting;
(14)
Post-treatment;
(15)
Insertions and epilations;
(16)
Adverse reactions and contraindications of all hair removal methods;
(17)
Normal and abnormal healing;
(18)
Scheduling of appropriate follow-up treatments;
(19)
Developing a practice; and
(20)
Review of theory and clinical studies.
D.
An electrology program shall be taught in a facility that complies with Regulation .05 of this chapter.

Regulation .05 Physical Facilities and Equipment.Copy Citation

A.
A program facility shall be sufficient to accommodate the student body, lecturers, and clinical demonstrations.
B.
A program facility shall be adequately lighted, well-ventilated, and in sanitary condition at all times.
C.
A sink with hot and cold running water shall be in or adjoining each treatment room for proper hand washing.
D.
Epilators (electrolysis, thermolysis, and the blend) shall be of the type approved by the FCC and registered with the FDA.
E.
A program facility shall provide modern professional equipment and provide and maintain the following for its students:
(1)
One approved epilator for every four students;
(2)
One professional table and adjustable stool for every four students;
(3)
One professional lamp for every four students;
(4)
One dry heat or autoclave unit for sterilization; and
(5)
Adequate supplies.
F.
A facility shall display in a conspicuous place a sign, consisting of at least 2-inch letters, that states “ALL ELECTROLOGY TREATMENTS PERFORMED IN THIS FACILITY ARE PERFORMED BY STUDENTS”.

Regulation .06 Student Clinical Practice.Copy Citation

A.
Before a student renders treatment, a patient shall be required to sign an informed consent agreement.
B.
Clinical services may be performed by students only:
(1)
Within the facility; and
(2)
Under the direct supervision of a licensed instructor.
C.
A program facility may charge a fee for treatment rendered by a student to cover the cost of supplies only.
D.
Members of the Committee shall be permitted to inspect the program facility at any time or request the program to complete an Institutional review report at any time.

Regulation .07 Reporting.Copy Citation

A.
An educational program shall:
(1)
Keep a record of each student’s:
(a)
Application;
(b)
Current address and telephone number;
(c)
Date of enrollment;
(d)
Attendance;
(e)
Number of hours completed; and
(f)
Grades achieved; and
(2)
Make the record available to the Board at the Board's request.
B.
A program shall submit to the Board for approval any changes made to an approved program.

Regulation .08 Violations.Copy Citation

The Board may remove approval from an electrology program if the program:
A.
Is guilty of fraud or deceit in obtaining or attempting to obtain approval;
B.
Acts in a manner inconsistent with generally accepted standards for the practice of electrology;
C.
Advertises in a manner that the Board determines violates Health Occupations Article, §8-6B-23, Annotated Code of Maryland;
D.
Violates the standards set under Health Occupations Article, §8-6B-23, Annotated Code of Maryland, if the program:
(1)
Receives a notice of deficiency; and
(2)
Fails to correct a deficiency within a time period set by the notice of deficiency; or
E.
No longer operates a program that qualifies for approval under Health Occupations Article, §8-6B-16, Annotated Code of Maryland.

Chapter 07. Electrologist's Office

Regulation .01 Electrologist's Office.Copy Citation

A.
A licensee shall practice in an office that provides at minimum the following:
(1)
Separate treatment and waiting room;
(2)
Each treatment room at least 48 square feet;
(3)
One sink with hot and cold running water in or adjoining each treatment room;
(4)
Adequate lighting;
(5)
Adequate ventilation;
(6)
Sanitary conditions;
(7)
Toilet facilities;
(8)
Separate outside entrance leading directly to the waiting room if the office is within or adjacent to living quarters; and
(9)
A completely separate and distinct office area from the living quarters.
B.
Offices maintained in a home shall comply with all local zoning laws. A copy of the zoning approval shall be submitted to the Board 30 days before opening an office in a residence.
C.
Electrologists shall notify the Board by certified mail 30 days before opening an office or branch office.
D.
Electrologists shall notify the Board in writing of their business address or any change of business address.
E.
An office shall be made available for inspection within 4 hours notice, by members of the Board or its agents.

Chapter 08. Instruments and Procedures

Regulation .01 Equipment.Copy Citation

A.
Electrologists shall use only Board-approved modalities which are:
(1)
Electrolysis;
(2)
Thermolysis; or
(3)
The blend.
B.
Electronic tweezer or nonneedle methods are not defined as within the practice of electrology.
C.
Epilators shall be approved by the Federal Communications Commission (FCC) and conform to federal Food and Drug Administration (FDA) standards relating to these devices.
D.
Epilators shall be maintained in proper working condition.
E.
Optimum timing and intensity shall be used during treatment to effect proper epilation of hair and to avoid tweezing.
F.
A professional lamp and magnification shall be used to view area during treatment.
G.
A professional treatment table or chair shall be used to administer treatments.
H.
A clean head towel or drape sheet shall be used for each patient.
I.
Each office shall contain and use sterilization equipment according to COMAR 10.53.09.
J.
Fresh disposable paper drapes shall be used on the treatment table or chair for each patient. Paper drapes shall be stored in a closed cabinet. Soiled disposable items shall be discarded into a container lined with a plastic bag, securely fastened, and removed daily.
K.
Each treatment room shall have a covered trash container.
L.
Smoking is prohibited in the treatment room.
M.
A clean lab coat or uniform is acceptable attire.

Regulation .02 Explanation to Patient of Electrology Practices.Copy Citation

The electrologist shall explain the following to the patient before treatment:
A.
The treatment procedure, including standard precautions;
B.
The modality used;
C.
Hair growth cycles;
D.
Regrowth;
E.
The importance of keeping the follow-up treatment schedule;
F.
Possible tissue reactions following treatment;
G.
The importance of after-treatment care; and
H.
The treatment fee.

Regulation .03 Health Assessment.Copy Citation

A.
A complete past and current health history shall be obtained from each patient before treatment.
B.
The assessment shall be updated and evaluated on a current basis, and shall include the following:
(1)
Name, address, telephone number, and date of birth;
(2)
Medical history and current update;
(3)
Prior methods of controlling or removing hair;
(4)
Condition of tissue before initial treatment and any subsequent change;
(5)
Pattern and structure of hair growth initially presented and significant subsequent changes;
(6)
Date of each treatment;
(7)
Area of treatment;
(8)
Duration of treatment; and
(9)
Fee charged.

Regulation .04 Hand Washing and Use of Gloves.Copy Citation

A.
Electrologists shall wash their hands using soap, warm water, and good mechanical action immediately before and after treating each patient.
B.
A fresh pair of nonsterile, disposable examination gloves shall be worn during the treatment of each patient and while cleaning instruments.
C.
Electrologists shall wash their hands before putting on gloves and immediately after removing gloves.
D.
The electrologist shall follow universal/standard precautions.

Regulation .05 Sterility.Copy Citation

A.
A sterile needle and sterile tweezer shall be used for each patient.
B.
A sterile instrument or sterile tweezer shall be used for each patient to release ingrown hairs.
C.
Treatment solutions shall be:
(1)
Labeled as to contents; and
(2)
Covered when not in use.

Regulation .06 Treatment.Copy Citation

A.
Skin area to be treated shall first be cleansed thoroughly with 70 percent isopropyl alcohol.
B.
An electrologist may not treat any mucous membrane or the external auditory canal of the ear without written approval of a licensed physician.
C.
An electrologist may not treat an infected area or skin malignancy.
D.
Applications To Be Used After Treatment.
(1)
One of the following applications shall be applied to the tissue after treatment:
(a)
70 percent isopropyl alcohol;
(b)
Witch hazel;
(c)
Hydrogen peroxide; or
(d)
Other approved antiseptic for the skin.
(2)
Ice, healing cream, or healing lotion may be used at the electrologist's discretion.
(3)
Specific home care instructions shall be given to each patient after treatment.

Regulation .07 Disinfection and Environmental Controls.Copy Citation

A.
Disposable or damaged instruments shall be placed in a container which is impervious to puncture. The instruments shall be disinfected with a freshly prepared solution of household bleach and water consisting of 1 part bleach and 9 parts water, and allowed to stand for at least 30 minutes. The solution shall then be poured off, and the container securely sealed and disposed of in compliance with State, federal, and local laws.
B.
Removable tips of epilator probe holders shall be removed after each treatment and cleaned with soap or detergent and water, rinsed, dried, and disinfected by submersion in 70 percent isopropyl alcohol for at least 10 minutes. The covered container used to hold alcohol shall be emptied at least daily or sooner if visibly contaminated, then cleaned, dried, and refilled with fresh alcohol.
C.
Nonremovable tips of epilator probe holders shall be wiped with a detergent-germicide after each treatment.
D.
Epilator probe cords that have been in direct contact with a patient or practitioner shall be wiped with a detergent-germicide after each treatment.
E.
The treatment lamp shall be wiped with a detergent-germicide after each treatment.
F.
After each use, patient eyeshields shall be cleaned with soap or detergent and water, then rinsed and dried.
G.
A hospital grade disinfectant-detergent registered by the Environmental Protection Agency (EPA) shall be used for cleaning environmental surfaces.

Chapter 09. Sterilization Procedures

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Critical Items.
(a)
“Critical items” means the instruments or objects that come in direct contact with the bloodstream or other normally sterile areas of the body.
(b)
“Critical items” includes tweezers and needles.
(2)
“Transfer forceps” means a medical tool that is used for grasping or holding things.

Regulation .02 Generally.Copy Citation

A.
Each electrologist office and institution teaching the clinical practice of electrology shall maintain and use sterilization equipment adequate in size to accommodate critical items, transfer forceps, and soaking receptacles.
B.
Except as provided in §C of this regulation, critical items, transfer forceps, and soaking receptacles that are dropped on the floor or otherwise contaminated may not be used until sterilized.
C.
All needles used in an electrologist office and institution teaching the clinical practice of electrology shall be purchased as pre-sterilized and disposable for one-time use only. The sterilization procedure outlined in Regulation .04 of this chapter is not applicable to needles. If a needle is dropped on the floor or otherwise contaminated, the needle shall be properly disposed of and may not be used.

Regulation .03 Cleansing Procedures.Copy Citation

Prior to sterilization as required in Regulation .03 of this chapter, tweezers and needle caps shall be:
A.
Mechanically precleaned as follows:
(1)
Cleansed with a clean cotton ball or swab moistened with a low-residue detergent and cool water;
(2)
Accumulated in a holding container by submersion in a low-residue detergent and cool water; and
(3)
Then, thoroughly rinsed with warm water and drained;
B.
Then, cleaned by soaking in a protein-dissolving detergent enzyme cleaner or in an ultrasound cleaning unit according to manufacturer's instructions; and
C.
Rinsed and dried.

Regulation .04 Sterilization.Copy Citation

A.
Except as provided in Regulation .02C of this chapter, critical items, transfer forceps, and soaking receptacles shall be placed on a steel tray or rack in the center of an autoclave or heat sterilizer, separating instruments and keeping them away from the walls of the unit, and shall be sterilized according to manufacturer specifications or by:
(1)
Autoclave at the temperatures listed for the following minimum time periods after completing a heat-up period:
(a)
15—20 minutes at 121°C (250°F), 15 psi (pounds per square inch) for unpackaged instruments; and
(b)
30 minutes at 121°C (250°F), 15 psi (pounds per square inch) for packaged instruments; or
(2)
Dry heat, at the temperatures listed for the following minimum time periods after completing a heat-up period:
(a)
170°C (340°F) for 1 hour; and
(b)
160°C (320°F) for 2 hours.
B.
Sterile critical items, transfer forceps, and soaking receptacles shall be stored in sterile covered containers until used.
C.
Transfer forceps and holding containers shall be cleaned and sterilized daily or more frequently if visibly contaminated.
D.
Unused instruments in containers and containers that have been opened shall be resterilized after a 24-hour period.
E.
Dry heat ovens and autoclaves shall be of a type registered with the federal Food and Drug Administration (FDA) and shall be cleaned, used, and maintained according to manufacturers' instructions.
F.
Sterilizers shall have visible temperature and time indicators.
G.
Chemical indicators using color change materials shall be used on or in each package to assure that each package or container has been processed through the sterilization cycle.
H.
Biological indicators shall be used no less than once a month according to manufacturers’ instructions to assure that the sterilizer is functioning properly.

Chapter 10. Advertising

Regulation .01 Advertising Standards.Copy Citation

A.
An electrologist shall include one of the following qualifications in an advertisement:
(1)
Licensed electrologist;
(2)
Licensed electrology instructor; or
(3)
Licensed by the Board of Nursing — Electrology Practice Committee.
B.
An electrologist shall include in any advertising the name and address of at least one licensed electrologist or licensed electrology instructor practicing at the location advertised.
C.
An electrologist may not, on behalf of the electrologist, a partner, an associate, or electrology affiliate, use or participate in the use of any form of public communication which contains a deceptive or misleading statement or claim. A deceptive or misleading statement or claim is one that:
(1)
States or implies:
(a)
That the electrologist is a certified or recognized specialist other than as licensed by the Board, unless the statement is true;
(b)
That the electrologist has superior education or credentials that are different than any other licensed electrologist or licensed electrologist instructor, if they are not;
(c)
An unwarranted claim of superior service;
(d)
A material misrepresentation of fact or presentation of fact that is likely to cause an ordinary prudent individual to misunderstand or to be deceived; or
(e)
An unreasonable claim likely to create unjustified expectations; or
(2)
Fails to include any fact necessary to make a statement not misleading.
D.
An electrologist may not use electronic media, including telephone, radio, internet, and motion pictures, in a manner that is unreasonable, misleading, or fraudulent.

Regulation .02 Other Licenses.Copy Citation

Electrologists or electrology instructors advertising other services for which they are licensed within one advertisement shall:
A.
List each license held; and
B.
Clearly state each service offered under each license.

Regulation .03 Fees.Copy Citation

A statement regarding fees shall be considered deceptive or misleading if the electrologist:
A.
Charges more than the fee advertised for a service rendered; or
B.
Fails to offer the service at the fee advertised for a reasonable period of time after the advertisement unless a specific time limit is included in the original advertisement.

Regulation .04 Responsibility.Copy Citation

An electrologist shall be responsible for an advertisement of service regardless of whether the advertising has been generated by the electrologist personally, by an employee, or by a proprietorship, partnership, corporation, union, clinic or institution, which uses the electrologist's services.

Regulation .05 Penalties.Copy Citation

Violation of this chapter is a violation of Health Occupations Article, §§8-6B-23 and 8-6B-18(a)(10), Annotated Code of Maryland, and may result in disciplinary action pursuant to Health Occupations Article, §8-6B-18, Annotated Code of Maryland.

Chapter 11. Rehabilitation Committee

Repealed

Chapter 12. Fees

Regulation .01 Fees.Copy Citation

A.
Fees are not refundable.
B.
The following fees are established by the Board:
(1)
Application fee — $100;
(2)
Initial Clinical examination — $100 (An initial exam applicant shall submit to the Board the application fee, initial clinical examination, and completed application.);
(3)
Clinical reexamination — $100;
(4)
Biennial renewal — $200;
(5)
Inactive status (one-time fee) — $25 (no fee required if placed on inactive status by the Board for failure to submit required CEUs);
(6)
Returned check — $25; and
(7)
Verification of Maryland licensure to another state or jurisdiction — $25.
C.
Fees for the theory examination shall be $100 or less as set by the Board-approved testing service.

Chapter 13. Examination for Special Needs Applicants

Repealed

Chapter 14. Monetary Penalties

Repealed