Bill Amendment: FL S0744 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Laser Hair Removal or Reduction
Status: 2018-03-10 - Died in Rules [S0744 Detail]
Download: Florida-2018-S0744-Senate_Committee_Amendment_615502.html
Bill Title: Laser Hair Removal or Reduction
Status: 2018-03-10 - Died in Rules [S0744 Detail]
Download: Florida-2018-S0744-Senate_Committee_Amendment_615502.html
Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 744 Ì615502sÎ615502 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Grimsley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 478.42, Florida Statutes, is amended to 6 read: 7 478.42 Definitions.—As used in this chapter, the term: 8(1)“Board” means the Board of Medicine.9(2)“Council” means the Electrolysis Council.10 (1)(3)“Department” means the Department of Health. 11 (2)(4)“Electrologist” means a person who engages in the 12 practice of electrolysis. 13 (3)(5)“Electrolysis or electrology” means the permanent 14 removal of hairby destroying the hair-producing cells of the15skin and vascular system,using equipment and devices that 16approved by the board whichhave been cleared by and registered 17 with the United States Food and Drug Administrationand that are18used pursuant to protocols approved by the board. 19 Section 2. Section 478.43, Florida Statutes, is amended to 20 read: 21 478.43 DepartmentBoard of Medicine; powers and duties.— 22 (1) The departmentboard, with the assistance of the23Electrolysis Council,is authorized to establish minimum 24 standards for the delivery of electrolysis services and to adopt 25 rules pursuant to ss. 120.536(1) and 120.54 to implement the 26 provisions of this chapter. 27 (2) The departmentboardmay administer oaths, summon 28 witnesses, and take testimony in all matters relating to its 29 duties under this chapter. 30(3)The board may delegate such powers and duties to the31council as it may deem proper.32 (3)(4)The departmentboard, in consultation with the33council, shall recommend proposed rules, and the boardshall 34 adoptrules for a code of ethics for electrologists andrules 35 related to the curriculum and approval of electrolysis training 36 programs, sanitary guidelines, the delivery of electrolysis 37 services, continuing education requirements, and any other area 38 related to the practice of electrology. 39 Section 3. Section 478.44, Florida Statutes, is repealed. 40 Section 4. Section 478.46, Florida Statutes, is repealed. 41 Section 5. A valid temporary permit issued pursuant to s. 42 478.46, Florida Statutes, before October 1, 2018, remains valid 43 until October 1, 2019, until the applicant receives notice that 44 he or she has failed the written examination required under s. 45 478.45, Florida Statutes, or until the Department of Health 46 issues the applicant a license to practice electrology, 47 whichever occurs first. If the department has not issued the 48 applicant a license to practice electrology by October 1, 2019, 49 or if the applicant receives notice that he or she has failed 50 the written examination, the applicant’s temporary permit is 51 automatically revoked. 52 Section 6. Section 478.49, Florida Statutes, is amended to 53 read: 54 478.49 License and certification required.— 55 (1) A person may notNo person maypractice electrology or 56 hold herself or himself out as an electrologist in this state 57 unless she or hethe personhas been issued a license by the 58 department and holds an active license pursuant tothe59requirements ofthis chapter. 60 (2) A licensee shall display her or his license in a 61 conspicuous location in her or his place of practice and provide 62 it to the departmentor the boardupon request. 63 (3) A licensee who uses a laser or pulsed-light device in a 64 laser hair removal or reduction procedure must be certified by a 65 nationally recognized electrology organization in the use of 66 these devices. 67 (4) A licensee must follow the direct supervision 68 requirements of ss. 458.348(2) and 459.025(2) unless exempt 69 under s. 458.348(3)(e) or s. 459.025(3)(e). 70 Section 7. Section 478.45, Florida Statutes, is amended to 71 read: 72 478.45 Requirements for licensure.— 73 (1) An applicant applying for licensure as an electrologist 74 shall file a written application, accompanied by the application 75 for licensure fee prescribed in s. 478.55, on a form provided by 76 the departmentboard, showing to the satisfaction of the 77 departmentboardthat the applicant: 78 (a) Is at least 18 years old. 79 (b) Is of good moral character. 80 (c) Possesses a high school diploma or a high school 81 equivalency diploma. 82 (d) Has not committed an act in any jurisdiction which 83 would constitute grounds for disciplining an electrologist in 84 this state. 85 (e) Has successfully completed the academic requirements of 86 an electrolysis training program, not to exceed 120 hours, and 87 the practical application thereof as approved by the department 88board. 89 (2) Each applicant for licensure mustshallsuccessfully 90 pass a written examination developed by the department or a 91 national examination that has been approved by the department 92board. The examinations mustshalltest the applicant’s 93 knowledge relating to the practice of electrology, including the 94 applicant’s professional skills and judgment in the use of 95 electrolysis techniques and methods, and any other subjects that 96whichare useful to determine the applicant’s fitness to 97 practice. 98 (3) The department, upon approval of the board,may adopt a 99 national examination in lieu of any part of the examination 100 required by this section. The departmentboard, with the101assistance of the council,shall establish standards for 102 acceptable performance. 103 (4) The department shall issue a license to practice 104 electrology to any applicant who passes the examination, pays 105 the licensure fee as set forth in s. 478.55, and otherwise meets 106 the requirements of this chapter. 107 (5) The department shall conduct licensure examinations at 108 least two times a year. The department shall give public notice 109 of the time and place of each examination at least 60 days 110 before it is administered and shall mail notice of such 111 examination to each applicant whose application is timely filed, 112 pursuant to departmentboardrule. 113 (6) The department may not issue a license to any applicant 114 who is under investigation in another jurisdiction for an 115 offense thatwhichwould be a violation of this chapter, until 116 such investigation is complete. Upon completion of such 117 investigation, if the applicant is found guilty of such offense, 118 the departmentboardshall apply the applicable provisions of s. 119 478.52. 120 Section 8. Section 478.47, Florida Statutes, is amended to 121 read: 122 478.47 Licensure by endorsement.—The department shall issue 123 a license by endorsement to any applicant who submits an 124 application and the required fees as set forth in s. 478.55 and 125 who holds an active license or other authority to practice 126 electrology in a jurisdiction whose licensure requirements are 127 determined by the departmentboardto be equivalent to the 128 requirements for licensure in this state. 129 Section 9. Subsections (2) and (4) of section 478.50, 130 Florida Statutes, are amended to read: 131 478.50 Renewal of license; delinquent status; address 132 notification; continuing education requirements.— 133 (2) A license that is not renewed at the end of the 134 biennium prescribed by the department automatically reverts to 135 delinquent status. The departmentboardshall adopt rules 136 establishing procedures, criteria, and fees as set forth in s. 137 478.55 for reactivation of an inactive license. 138 (4)(a) An application for license renewal must be 139 accompanied by proof of the successful completion of 20 hours of 140 continuing education courses or proof of successfully passing a 141 reexamination for licensure within the immediately preceding 142 biennium which meets the criteria established by the department 143board. Both the continuing education and reexamination shall 144 contain education on blood-borne diseases. 145 (b) The departmentboard, with the assistance of the146council,shall approve criteria for, and content of, 147 electrolysis training programs and continuing education courses 148 required for licensure and renewal as set forth in this chapter. 149 (c) Continuing education programs shall be approved by the 150 departmentboard. Applications for approval shall be submitted 151 to the departmentboardnot less than 60 days ornormore than 152 360 days before they are held. 153 Section 10. Subsections (2), (3), and (11) of section 154 478.51, Florida Statutes, are amended to read: 155 478.51 Electrology facilities; requisites; facility 156 licensure; inspection.— 157 (2) The facility license shall be displayed in a 158 conspicuous place within the facility and shall be made 159 available upon request of the departmentor board. 160 (3) The departmentboardshall adopt rules governing the 161 licensure and operations of such facilities, personnel, safety 162 and sanitary requirements, and the licensure application and 163 granting process. 164 (11) Renewal of license registration for electrology 165 facilities shall be accomplished pursuant to rules adopted by 166 the departmentboard. 167 Section 11. Section 478.52, Florida Statutes, is amended to 168 read: 169 478.52 Disciplinary proceedings.— 170 (1) The following acts constitute grounds for denial of a 171 license or disciplinary action, as specified in s. 456.072(2): 172 (a) Obtaining or attempting to obtain a license by bribery, 173 fraud, or knowing misrepresentation. 174 (b) Having a license or other authority to deliver 175 electrolysis services revoked, suspended, or otherwise acted 176 against, including denial of licensure, in another jurisdiction. 177 (c) Being convicted or found guilty of, or entering a plea 178 of nolo contendere to, regardless of adjudication, a crime, in 179 any jurisdiction, which directly relates to the practice of 180 electrology. 181 (d) Willfully making or filing a false report or record, 182 willfully failing to file a report or record required for 183 electrologists, or willfully impeding or obstructing the filing 184 of a report or record required by this act or inducing another 185 person to do so. 186 (e) Circulating false, misleading, or deceptive 187 advertising. 188 (f) Unprofessional conduct, including any departure from, 189 or failure to conform to, acceptable standards related to the 190 delivery of electrolysis services. 191 (g) Engaging or attempting to engage in the illegal 192 possession, sale, or distribution of any illegal or controlled 193 substance. 194 (h) Willfully failing to report any known violation of this 195 chapter. 196 (i) Willfully or repeatedly violating a rule adopted under 197 this chapter, or an order of theboard ordepartment previously 198 entered in a disciplinary hearing. 199 (j) Engaging in the delivery of electrolysis services 200 without an active license. 201 (k) Employing an unlicensed person to practice electrology. 202 (l) Failing to perform any statutory or legal obligation 203 placed upon an electrologist. 204 (m) Accepting and performing professional responsibilities 205 which the licensee knows, or has reason to know, she or he is 206 not competent to perform. 207 (n) Delegating professional responsibilities to a person 208 the licensee knows, or has reason to know, is unqualified by 209 training, experience, or licensure to perform. 210 (o) Gross or repeated malpractice or the inability to 211 practice electrology with reasonable skill and safety. 212 (p) Judicially determined mental incompetency. 213 (q) Practicing or attempting to practice electrology under 214 a name other than her or his own. 215 (r) Being unable to practice electrology with reasonable 216 skill and safety because of a mental or physical condition or 217 illness, or the use of alcohol, controlled substances, or any 218 other substance thatwhichimpairs one’s ability to practice. 219 1. The department may, upon probable cause, compel a 220 licensee to submit to a mental or physical examination by 221 physicians designated by the department. The cost of an 222 examination shall be borne by the licensee, and her or his 223 failure to submit to such an examination constitutes an 224 admission of the allegations against her or him, consequent upon 225 which a default and a final order may be entered without the 226 taking of testimony or presentation of evidence, unless the 227 failure was due to circumstances beyond her or his control. 228 2. A licensee who is disciplined under this paragraph 229 shall, at reasonable intervals, be afforded an opportunity to 230 demonstrate that she or he can resume the practice of 231 electrology with reasonable skill and safety. 232 3. In any proceeding under this paragraph, the record of 233 proceedings or the orders entered by the departmentboardmay 234 not be used against a licensee in any other proceeding. 235 (s) Disclosing the identity of or information about a 236 patient without written permission, except for information which 237 does not identify a patient and which is used for training 238 purposes in an approved electrolysis training program. 239 (t) Practicing or attempting to practice any permanent hair 240 removal except as described in s. 478.42(3)s. 478.42(5). 241 (u) Operating any electrolysis facility unless it has been 242 duly licensed as provided in this chapter. 243 (v) Violating any provision of this chapter or chapter 456, 244 or any rules adopted pursuant thereto. 245 (2) The departmentboardmay enter an order denying 246 licensure,orimposing any of the penalties in s. 456.072(2), or 247 imposing costs as provided in s. 456.072(4) against any 248 applicant for licensure or licensee who is found guilty of 249 violating any provision of subsection (1) of this section or who 250 is found guilty of violating any provision of s. 456.072(1). 251 (3) The departmentboardmay not issue or reinstate a 252 license to a person it has deemed unqualified until it is 253 satisfied that such person has complied with the terms and 254 conditions of the final order and that the licensee can safely 255 practice electrology. 256 (4) The departmentboard, with the assistance of the257council,may, by rule, establish guidelines for the disposition 258 of disciplinary cases involving specific types of violations. 259 The guidelines may include minimum and maximum fines, periods of 260 supervision on probation, or conditions upon probation or 261 reissuance of a license. 262 Section 12. Subsection (6) of section 478.53, Florida 263 Statutes, is amended to read: 264 478.53 Penalty for violations.—It is a misdemeanor of the 265 first degree, punishable as provided in s. 775.082 or s. 266 775.083, to: 267 (6) Practice or attempt to practice any permanent hair 268 removal except as described in s. 478.42(3)s. 478.42(5). 269 Section 13. Subsection (1) of section 478.55, Florida 270 Statutes, is amended to read: 271 478.55 Fees; facility; disposition.— 272 (1) The departmentboardshall establish by rule the 273 collection of fees for the following purposes: 274 (a) License application fee: a fee not to exceed $100. 275 (b) Examination fee: a fee not to exceed $300. 276 (c) Initial licensure fee: a fee not to exceed $100. 277 (d) Renewal fee: a fee not to exceed $100 biennially. 278 (e) Reactivation fee: a fee not to exceed $100. 279 (f) Inspection fee for facility: a fee not to exceed $100 280 biennially. 281 Section 14. Any current rules adopted by the Department of 282 Health, the Board of Medicine, or the Electrolysis Council which 283 relate to the practice of electrology remain in full force and 284 effect unless revised by the Department of Health pursuant to 285 this act or superseded by other laws. 286 Section 15. This act shall take effect October 1, 2018. 287 288 ================= T I T L E A M E N D M E N T ================ 289 And the title is amended as follows: 290 Delete everything before the enacting clause 291 and insert: 292 A bill to be entitled 293 An act relating to laser hair removal or reduction; 294 amending s. 478.42, F.S.; revising definitions; 295 amending s. 478.43, F.S.; providing rulemaking 296 authority to the Department of Health for regulating 297 electrolysis services; repealing ss. 478.44 and 298 478.46, F.S., relating to the Electrolysis Council and 299 temporary permits, respectively; providing for the 300 validity of temporary permits previously issued by the 301 Board of Medicine; providing for the expiration of 302 such permits by a specified date, upon the issuance of 303 a license to practice electrology, or upon notice that 304 the applicant failed a written examination; amending 305 s. 478.49, F.S.; providing certification requirements 306 for licensed electrologists who perform laser hair 307 removal or reduction; specifying that licensed 308 electrologists must meet certain direct supervision 309 requirements; providing an exception; amending ss. 310 478.45, 478.47, 478.50, 478.51, 478.52, 478.53, and 311 478.55, F.S.; conforming provisions to changes made by 312 the act; specifying that current rules relating to the 313 practice of electrology remain in full force and 314 effect unless revised by the department or superseded 315 by other laws; providing an effective date.