PROPOSAL
Maryland Register
Issue Date: February 1, 2019
Volume 46 • Issue 3 • Page 144-147
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 53 BOARD OF NURSING — ELECTROLOGY PRACTICE COMMITTEE
Notice of Proposed Action
[19-047-P]
The Secretary of Health proposes to amend:
(1) Regulation .01 under COMAR 10.53.01 Definitions;
(2) Regulations .02 —.04, .06, .07, and .09 under COMAR 10.53.02 Licensure;
(3) Regulations .01—.04 under COMAR 10.53.03 Electrology Examination;
(4) Regulations.01—.04 under COMAR 10.53.04 Continuing Education;
(5) Regulations .02 and .03 under COMAR 10.53.05 Standards of Practice and Conduct;
(6) Regulations .05—.07 under COMAR 10.53.06 Electrology Programs; and
(7) Regulation .01 under COMAR 10.53.12 Fees.
This action was considered at a public meeting of the Board of Nursing held on September 26, 2018, notice of which was given by publication on the Board’s website beginning January 3, 2018, through September 25, 2018, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to amend the regulations for the Electrology Practice Committee to reflect current practice, repeal obsolete provisions, and make technical and clarifying changes. The proposal:
(1) Defines the terms “clinical examination” and “national theory exam”;
(2) Clarifies the requirements for licensure by exam, by waiver, for inactive status, for reinstatement, and for electrology instructors;
(3) Makes amendments throughout the regulations to reflect the change to the use of a national theory exam instead of a Board-administered exam;
(4) Requires an applicant who fails the written exam two times to complete an education program before being reexamined;
(5) Amends the continuing education (CEUs) requirements including, but not limited to, clarifying that CEU’s earned between renewal periods may not be carried over for use in the next renewal period;
(6) Repeals the required posting of a Universal Precaution notice;
(7) Amends the requirements for unprofessional conduct regarding the use of electronic devices;
(8) Clarifies that an electrologist is required to maintain current licensure to practice electrology;
(9) Clarifies that Electrology Practice Committee members are permitted to inspect a facility at any time;
(10) Amends the reporting requirements for electrology programs;
(11) Clarifies the fee schedule; and
(12) Repeals the fees for a duplicate license and the electrology law book.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 4, 2019. A public hearing has not been scheduled.
10.53.01 Definitions
Authority: Health Occupations Article, §§8-201, 8-205, 8-206, and 8-6B-03, Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)―(5) (text unchanged)
(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.
[(6)] (7)―[(8)] (9) (text unchanged)
(10) “National theory exam” means an exam approved by the Board and the American Electrology Association.
10.53.02 Licensure
Authority: Health Occupations Article, §§8-201, 8-205, 8-206, and 8-6B-03, Annotated Code of Maryland
.02 Applicants for Licensure.
A. An applicant for licensure in electrology shall:
(1)―(3) (text unchanged)
(4) Have successfully completed an electrology program that is in:
(a) [Is in] Maryland and approved by the Board; or
(b) [The] Another State, territory, or country that the Board determines is substantially equivalent to the program required by the Board in Maryland.
B.―D. (text unchanged)
.03 Licensure by Examination.
A. An applicant for licensure by examination shall submit to the Board [at least 6 weeks before the examination]:
(1) A completed application;
[(1)] (2) The fee for examination as set forth in COMAR 10.53.12 that includes the application and clinical exam fees;
[(2)] (3)―[(4)] (5) (text unchanged)
B. An applicant eligible for the [written or] clinical examination shall be [notified at least 30 days before the scheduled examination] 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.
[C.] D.―[D.] E. (text unchanged)
.04 Licensure by Waiver.
A. An applicant who is licensed in another state shall:
(1) (text unchanged)
(2) Submit to the Board:
(a)―(b) (text unchanged)
(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) (text unchanged)
(b) Became licensed in the other state after passing in that state, or any other state, [an examination] examinations that [is] are substantially equivalent to the [examination]examinations approved by the Board; and
(c) (text unchanged)
(2) Pays the [license] application fee set forth in COMAR 10.53.12.
C. (text unchanged)
.06 Inactive Status.
A. The Board shall place a license on inactive status if the licensee:
(1) Submits to the Board:
(a) [An application] A written request for inactive status [on a form required by the Board]; and
(b) (text unchanged)
(2) (text unchanged)
B. The Board shall reactivate a license if:
(1)―(2) (text unchanged)
(3) The licensee submits to the Board:
(a)―(c) (text unchanged)
(d) Written, verified evidence that the [renewal] applicant for reactivation of their license has completed an application for a criminal history records check by submitting the following:
)
C. A license may not be [issued] reactivated until the Board has:
(1)―(2) (text unchanged)
D. If a license has been inactive for 5 years or more, the individual shall successfully take the [entire] Board-approved theory and clinical electrology [examination] examinations.
E. While on inactive status[, although not authorized to practice as] 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.”.
.07 Reinstatement of Licensure.
A.―C. (text unchanged)
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 [as set forth in Regulation .02 of this chapter].
E. (text unchanged)
.09 Instructor Licensure.
A. (text unchanged)
B. [Procedures for] Licensure Requirements. An electrologist applying for an electrology instructor’s license shall:
(1) (text unchanged)
(2) Sit for the clinical examination [that demonstrates competency in all electrology modalities at any time during the application process and receive a score of 80 percent or higher as determined by the Board] 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 [the instructor’s license] proof of licensure at the instructor’s site of instruction.
D. (text unchanged)
10.53.03 Electrology Examinati
on
Auth
ority: Health Occupations Article, §§8-201, 8-205, 8-206, and 8-6B-03, Annotated Code of Maryland
.01 [Examination] Theory and Clinical Examinations.
A. The Board, upon the recommendation of the Electrology Practice Committee, shall approve an applicant to sit for the national theory Exam.
[A.] B. The [Board or the Board’s designee shall notify each qualified applicant of the time and place for the written and clinical examinations] 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.
[B.] C. The Board or the Board’s designee shall perform the clinical examination covering:
(1) [Universal/standard] Standard precautions;
(2) (text unchanged)
(3) Electrology instruments and technique; [and]
(4) General knowledge of electrology; and
(5) The M
aryland Electrology Practice and Regulations.
[C.] D. The passing score for the [theory examination] national theory and the clinical [examination] examinations is 75 percent.
[D.] E. (text unchanged)
.02 Reexamination.
A. (text unchanged)
B. An applicant who fails the written examination two times may [retake the written examination] 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;
[(1)] (2) Retakes the theory examination and the clinical examination; and
[(2)] (3) Pays the full examination fee as set forth in COMAR 10.53.12[; and
(3) Completes an education program in the areas in which the applicant showed inadequate knowledge as determined by the Board].
C. (text unchanged)
.03 Examinations for Applicants with Special Needs.
A. An applicant with a disability may request modifications in examination materials or procedures. The applicant shall:
(1) (text unchanged)
(2) Include in the request:
(a) (text unchanged)
(b) The examination [and date of the examination] to be modified;
(c)―(d) (text unchanged)
B.―C. (text unchanged)
.04 Examination Misconduct.
A. The Board may determine that an individual who subverts or attempts to subvert the licensing [examination] examinations has not passed the [examination] examinations.
B. Conduct that subverts or attempts to subvert the licensing [examination includes] examinations includes, but is not limited to:
(1)―(4) (text unchanged)
(5) Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future or current [licensing] theory or clinical examination;
(6) Communicating with any other examinee during the administration of the [licensing examination] theory or clinical examinations;
(7) (text unchanged)
(8) Having in one’s possession during the administration of the [licensing] 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 [licensing examination] theory or clinical examinations by impersonating an examinee.
10.53.04 Continuing Education
Authority: Health Occupations Article, §§8-201, 8-205, 8-206, and 8-6B-03, Annotated Code of Maryland
.01 Definition.
A.―B. (text unchanged)
C. Professional education eligible for continuing education credit shall be:
(1) Relevant to the clinical practice of electrology; and
(2) Dir
ected to a professional audience.
D. The Board shall have final approval of the relevancy of the program to the practice of electrology.
.
A. (
text unchanged)
[B. Beginning in 2015 and for every subsequent 2-year renewal period, a licensed electrologist shall:
(1) Complete 20 clock hours of Board-approved CEUs by October 28 in each renewal year; 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. (text unchanged)
.03 Continuing Education Unit.
A.―D. (text unchanged)
[E. CEUs may be obtained each year in the following areas, up to the maximum specified as follows:
(1) 3 CEUs in the area of business management;
(2) 3 CEUs may be in CPR;
(3) 3 CEUs may be in First Aid;
(4) 4 CEUs by home study;
(5) 4 CEUs in alternative therapies; and
(6) 4 CEUs by lecture or published article.
F. Beginning with the 2015 renewal and every subsequent 2-year renewal period,]
E. CEUs may be obtained for the 2-year period, up to the maximum specified as follows:
(1) 6 CEUs in [the area of] business management;
(2)―(4) (text unchanged)
[(5) 8 CEUs in alternative therapies;]
[(6)] (5)―[(7)] (6) (text unchanged)
.04 Approval of Courses.
A. The Board shall approve a course, seminar, or speaker session if it is:
(1) Relevant to the [clinical aspect] practice of electrology; and
(2) Offered by a:
(a)―(b) (text unchanged)
(c) Board-approved electrology program; [or]
(d) Health department or hospital[.];
(e) American Red Cross; or
(f) American Heart Association.
B. Requests for Approval.
(1) (text unchanged)
(2) CEU Credit for Renewal.
(a) CEUs [earned after October 29 of the last renewal period through September 28 of the next renewal period may be used only for the current license renewal period] 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 earned between October 1 through October 28 may be used for the current renewal period or the next renewal period, but not for both.]
[(c)] (b) CEUs do not carry over to the next renewal period.
[(d)] (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)―(4) (text unchanged)
10.53.05 Standards of Practice and Conduct
Authority: Health Occupations Article, §§8-201, 8-205, 8-206, and 8-6B-03, Annotated Code of Maryland
.02 Standards of Practice.
A.―E. (text unchanged)
F. Treatment.
(1)―(2) (text unchanged)
(3) An electrologist shall maintain current [qualifications] licensure to practice electrology and satisfy continuing education requirements established by the Board.
.03 Unprofessional Conduct.
A. (text unchanged)
B. An electrologist may not:
(1) Accept a patient for treatment, or continue treatment, if the patient cannot [be] reasonably be expected to benefit from the treatment;
(2)―(5) (text unchanged)
C. (text unchanged)
D. Electronic devices[,] including, but not limited to telephones, may not be used to [record medical records and] take pictures or videos of clients without written client authorization.
E. An electrologist:
(1) (text unchanged)
(2) Shall adhere to the following [principals] principles for the use of electronic devices and social media:
(a)―(d) (text unchanged)
F. (text unchanged)
10.53.06 Electrology Programs
Authority: Health Occupations Article, §§8-201, 8-205, 8-206, and 8-6B-03, Annotated Code of Maryland
.05 Physical Facilities and Equipment.
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.―D. (text unchanged)
E. A program facility shall provide modern professional equipment and provide and maintain the following for its students:
(1)―(5) (text unchanged)
F. A facility shall display in a conspicuous place[:
(1) A] a sign, consisting of at least 2-inch letters, that states “ALL ELECTROLOGY TREATMENTS PERFORMED IN THIS FACILITY ARE PERFORMED BY STUDENTS”[; and
(2) A universal/standard precautions notice in compliance with Health Occupations Article, §1-207, Annotated Code of Maryland].
.06 Student Clinical Practice.
A.―B. (text unchanged)
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.
.07 Reporting.
A. [A facility] An educational program shall:
(1) Keep a record of each student’s:
(a)―(c) (text unchanged)
(d) Attendance; [and]
(e) Number of hours completed; and
(f) Grades achieved; and
(2) (text unchanged)
[B. At the end of each course, the program shall submit a report to the Board on a form required by the Board.]
[C.] B. (text unchanged)
10.53.12 Fees
Authority: Health Occupations Article, §§8-201, 8-205, 8-206, and 8-6B-03, Annotated Code of Maryland
.01 Fees.
A. (text unchanged)
B. The following fees are established by the Board:
(1) Application [(includes initial law book)] 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) (text unchanged)
[(4) Renewal for 1 year or less — $100;
(4-1) Beginning in 2013, biennial renewal―$200;]
(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) Duplicate license — $25;
(7) Electrology law book — $25;]
[(8)] (6)―[(9)] (7) (text unchanged)
C. (text unchanged)
ROBERT R. NEALL
Secretary of Health
