# COMAR Title 10 — Maryland Department of Health

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

### Chapter 05 — Standards of Practice and Conduct

**Authority:** Health General Article, §4-403; Health Occupations Article, §§8-201, 8-205, 8-206, 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 .01J, O, P amended and Y adopted effective August 5, 1991 (18:15 Md. R. 1727)

**Administrative History:** Regulation .01Y amended effective March 14, 1994 (21:5 Md. R. 404)

**Administrative History:** Regulation .01, Instruments and Procedures, repealed and new Regulations .01—.03 adopted under new chapter, Standards of Practice and Conduct, effective June 20, 2005 (32:12 Md. R. 1047)

**Administrative History:** Chapter revised effective December 11, 2014 (41:24 Md. R. 1428)

**Administrative History:** Regulation .02D amended effective October 13, 2025 (52:20 Md. R. 1002)

**Administrative History:** Regulation .0E amended effective October 13, 2025 (52:20 Md. R. 1002)

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

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

#### Regulation .01 Definitions.

*COMAR 10.53.05.01*

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.

*COMAR 10.53.05.02*

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.

*COMAR 10.53.05.03*

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.

*COMAR 10.53.05.04*

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