# COMAR Title 10 — Maryland Department of Health

## Subtitle 53 — Board of Nursing — Electrology Practice Committee

### Chapter 02 — Licensure

**Authority:** Health Occupations Article, §§8-201, 8-205, 8-206, 8-303, and 8-6B-01—8-6B-29, Annotated Code of Maryland

**Administrative History:** Effective date: January 16, 1984 (11:1 Md. R. 44)

**Administrative History:** Regulation .01 amended effective August 5, 1991 (18:15 Md. R. 1727)

**Administrative History:** Chapter, Licensure, repealed effective August 30, 1993 (20:17 Md. R. 1346)

**Administrative History:** Regulations .01—.05 under new chapter, Requirements for Licensure, adopted effective August 30, 1993 (20:17 Md. R. 1346)

**Administrative History:** Regulations .01—.05, Requirements for Licensure, repealed and new Regulations .01—.08 adopted under new chapter, Licensure, effective June 20, 2005 (32:12 Md. R. 1047)

**Administrative History:** Regulation .01B amended effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .01D adopted effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .02A amended effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .02D adopted effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .03A amended effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .03C adopted effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .04 amended effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .04A amended effective August 19, 2013 (40:16 Md. R. 1344)

**Administrative History:** Regulation .05 amended effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .06 amended effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Regulation .09 adopted effective May 7, 2007 (34:9 Md. R. 825)

**Administrative History:** Chapter revised effective February 13, 2017 (44:3 Md. R. 189)

**Administrative History:** Regulation .02A amended effective May 20, 2019 (46:10 Md. R. 490)

**Administrative History:** Regulation .03 amended effective May 20, 2019 (46:10 Md. R. 490)

**Administrative History:** Regulation .04A, B amended effective May 20, 2019 (46:10 Md. R. 490)

**Administrative History:** Regulation .05A, C amended effective July 2, 2018 (45:13 Md. R. 667)

**Administrative History:** Regulation .06 amended effective May 20, 2019 (46:10 Md. R. 490)

**Administrative History:** Regulation .07D amended effective May 20, 2019 (46:10 Md. R. 490)

**Administrative History:** Regulation .09B, C amended effective May 20, 2019 (46:10 Md. R. 490)

**Administrative History:** Regulation .10 repealed effective July 2, 2018 (45:13 Md. R. 667)

#### Regulation .01 General Provisions for Applications.

*COMAR 10.53.02.01*

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.

*COMAR 10.53.02.02*

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.

*COMAR 10.53.02.03*

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.

*COMAR 10.53.02.04*

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.

*COMAR 10.53.02.05*

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.

*COMAR 10.53.02.06*

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.

*COMAR 10.53.02.07*

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.

*COMAR 10.53.02.08*

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

#### Regulation .09 Instructor Licensure.

*COMAR 10.53.02.09*

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.