Senate Bill No. 421
(By Senator Schoonover)
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[Introduced February 21, 1994; referred to the Committee
on Health and Human Resources.]
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A BILL to amend and reenact sections one and two, article eight,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to further amend
said article by adding thereto thirty new sections,
designated sections three, four, five, six, seven, eight,
nine, ten, eleven, twelve, thirteen, fourteen, fifteen,
sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,
twenty-two, twenty-three, twenty-four, twenty-five, twenty-
six, twenty-seven, twenty-eight, twenty-nine, thirty,
thirty-one and thirty-two, all relating to regulating the
professional practice of electrolysis in this state;
electrologists; definitions; establishing the state board of
electrologists; prescribing membership, qualifications,
tenure and removal provisions for such board; providing that
the board selects officers from its members and their
elections and terms of office; what constitutes a quorum;
meetings; compensation for board members; allowing board to
employ staff; powers and duties of board; providing that the
board may set fees and prescribing how funds collected shall
be disposed; limiting civil liability of the board; license
requirements; prescribing qualifications for applicants;
examinations of applicants; subjects and methods of
examinations; grading of examinations; reexaminations;
prohibiting consumer members of board to participate in
activity related to examinations; waiver of examination
requirements; scope of licenses; terms and renewals of
licenses; reinstatement of expired licenses; surrender of
licenses; denials, suspensions and revocations of licenses;
penalty; hearings; appeal and judicial review; reinstatement
of suspended or revoked licenses; powers and duties of the
board; requiring board recognition of institutions or
programs that teach electrolysis technique; withdrawal of
recognition; use of titles; advertising by licensees;
requiring the board to adopt rules for instrumentation and
procedures; practicing without a license; prohibiting
persons to misrepresent that they are qualified in
electrology; limiting the use of titles by licensees; and
penalties.
Be it enacted by the Legislature of West Virginia:
That sections one and two, article eight, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that said article be
further amended by adding thereto thirty new sections, designatedsections three, four, five, six, seven, eight, nine, ten, eleven,
twelve, thirteen, fourteen, fifteen, sixteen, seventeen,
eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three,
twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight,
twenty-nine, thirty, thirty-one and thirty-two, all to read as
follows:
ARTICLE 8. ELECTROLOGISTS.
§16-8-1. Definitions.
(a) "Electrology" means the art and practice relating to the
removing of hair from the normal skin of the body by the
application of an electric current to the hair papilla by means
of a needle or needles, or by the application of an electronic
tweezer having the electrical current flow through the hair and
the follicle as in conventional electrolysis.
(b) "Electrolysis" means the process by which hair is
removed from the normal skin by the application of an electric
current to the hair root by means of a needle, needles or
electronic tweezer, whether the process employs direct electric
current to the hair root or by means of shortwave alternating
electric current.
(a) In this article the following words have the meaning
indicated.
(1) "Board" means the state board of electrologists.
(2) "Electrologist" means an individual who practices
electrology.
(3) "Electrology instructor" means an individual whopractices electrology and teaches an electrology education
program.
(4) "License" means, unless the context requires otherwise,
a license issued by the board:
(A) To practice electrology; or
(B) To practice electrology and teach the practice of
electrology.
(5) "Licensed electrologist" means, unless the context
requires otherwise, an electrologist who is licensed by the board
to practice electrology.
(6) "Licensed electrology instructor" means, unless the
context requires otherwise, an electrologist who is licensed by
the board to practice electrology and teach an electrology
education program.
(7) "Practice electrology" means to remove hair permanently
through the use of electrical instruments that utilize a single
needle/probe, or multiple needle/probes.
§16-8-2. State board of electrologists; board established;
remembership; composition; qualifications; oath; tenure; and
removal.
The West Virginia board of health shall adopt rules and
regulations, as in their judgment are necessary, to provide for
the safe practice of electrology or electrolysis in this state,
and when promulgated, these rules and regulations shall be the
minimum requirements to be enforced by local health authorities
throughout the state. All rules and regulations shall bepromulgated in the manner provided by the provisions of article
three, chapter twenty-nine-a of this code.
(a) There is established a state board of electrologists
under the authority of the state board of health.
(b) The board shall be composed of six members. Four shall
be licensed electrologists or licensed electrology instructors
and two shall be consumer members. The governor shall appoint
the members from a list of recommendations submitted by the state
board of health.
(c) Each member of the board shall be a citizen of the
United States and a resident of this state. Each electrologist
member of the board shall have practiced electrology actively in
this state for at least three years immediately before
appointment. Each consumer member of the board:
(1) Shall be a member of the general public;
(2) May not be or ever have been an electrologist or in
training to become an electrologist;
(3) May not have a household member who is an electrologist
or in training to become an electrologist;
(4) May not participate in or ever have participated in a
commercial or professional field related to electrology;
(5) May not have a household member who participates in a
commercial or professional field related to electrology; and
(6) May not have had, within two years before appointment,
a substantial financial interest in a person regulated by the
board.
While a member of the board, a consumer member may not have
a substantial financial interest in a person regulated by the
board.
(d) Before taking office, each appointee to the board shall
take the oath required by the state constitution.
(e) The term of a member is three years.
At the end of the term, a member continues to serve until a
successor is appointed and qualifies.
A member who is appointed after a term has begun, serves
only for the rest of the term and until a successor is appointed
and qualifies.
A member may not be appointed for more than two consecutive
three-year terms.
(f) The governor may remove a member for incompetence or
misconduct.
§16-8-3. Officers; elections; terms of office.
From among its members, the board shall elect a president,
a secretary and a treasurer.
The manner of election of officers and their terms of office
shall be as the board determines.
§16-8-4. Quorum; meetings; compensation; staff.
A majority of the members then serving on the board is a
quorum.
The board shall meet at least four times a year, at the
times and places that it determines.
Each member of the board is entitled to:
Fifty dollars per meeting attended and reimbursement for
expenses related to travel, meals and lodging.
The board may employ a staff and have available as a
consultant a physician licensed by this state.
§16-8-5. Miscellaneous powers and duties.
In addition to the powers and duties set forth elsewhere in
this article, the board has the following powers and duties:
(a) To adopt rules to carry out the provisions of this
title;
(b) To adopt standards for the practice of electrology;
(c) To keep records of its proceedings;
(d) To keep a list of all currently licensed electrologists
and licensed electrology instructors;
(e) To submit an annual report to the governor;
(f) To establish continuing education requirements;
(g) To refer to the county prosecuting attorney alleged
violation of this article;
(h) To incur any necessary expense that relates to the
referral of an alleged violation of the criminal provisions of
this article;
(i) To review advertising by any licensee or any institution
that offers a program that is approved under this article; and
(j) To periodically inspect licensees' offices upon notice
by the board.
§16-8-6. Establishment of fees; disposition of funds.
(a) Except for the fees specifically set by this article,the board may set reasonable fees for the issuance and renewal of
licenses and its other services. The fees charged by the board
shall be set in order to produce funds to approximate the cost of
maintaining the board.
(b) The board shall pay all funds collected under this
article into the general revenue fund of this state.
§16-8-7. Civil liability limited.
A person who acts in good-faith and within the scope of
authority of the board is not civilly liable for giving
information to the board or otherwise participating in its
activities.
§16-8-8. License required; exception.
Except as otherwise provided in this article, an individual
shall be licensed by the board before the individual may practice
electrology or teach the practice of electrology in this state.
This section does not apply to a student who is practicing
electrology while enrolled in an electrology educational
institution or program.
§16-8-9. Qualifications of applicants.
(a) To qualify for a license, an applicant shall be an
individual who meets the following requirements:
(1) The applicant shall be of good moral character;
(2) The applicant shall be at least 18 years old;
(3) The applicant shall be a citizen of the country or have
filed a declaration of intent to become a citizen and shall
possess all necessary documents denoting the proper status;
(4) Except as otherwise provided in this article, an
applicant shall be a high school graduate or have completed
equivalent education and have completed satisfactorily:
(A) An electrology educational program that is approved
under this title and that includes:
(i) At least two hundred hours of instruction in the theory
of electrology; and
(ii) At least four hundred hours of instruction in the
clinical practice of electrology taught by a licensed electrology
instructor; or
(B) An electrology educational program in another state that
the board determines is substantially equivalent to that required
by item A of this subdivision.
(1) Except as otherwise provided in this article, the
applicant shall pass an examination given by the board as
provided for under this article.
(C) In addition to the other requirements of this section,
an applicant for an electrology instructor license shall:
(1) Be a state licensed electrologist;
(2) Have practiced electrology actively for at least five
years immediately before the application;
(3) Pass the electrology instructor examination; and
(4) Submit to the board evidence of teaching skills or
teaching experience.
§16-8-10. Applications for licenses.
To apply for a license, an applicant shall:
(a) Submit to the board an application on the form that the
board requires;
(b) Submit to the board evidence of compliance with all
requirements of this article; and
(c) Pay a fee of one hundred dollars.
§16-8-11. Examinations.
(a) An applicant who otherwise qualifies for a license is
entitled to be examined as provided in this section.
(b) The board shall give examinations to applicants at least
once a year, at the times and places that the board determines.
The board may give reexaminations to applicants who fail all or
part of the examination at the times and places that the board
determines.
(c) The board shall notify each qualified applicant of the
time and place of examination.
(d) Except as otherwise provided under this article, the
board shall determine the subjects, scope, form, and passing
score for examinations given under this section.
Each examination shall include:
(1) A section on the theory of electrology; and
(2) A section on the clinical practice of electrology.
The board may provide a national board certification
examination developed by, and administered by a national testing
service.
(e) The examinations shall be graded by:
(1) Two electrologist board members; or
(2) A national testing service.
(f) An applicant may retake an examination or a failed
section of an examination after paying to the board a
reexamination fee of three hundred dollars.
An applicant who fails two reexaminations may retake the
examination only if the applicant:
(1) Retakes the entire examination;
(2) Pays the full examination fee; and
(3) Completes an education program that the board requires.
(g) Unless authorized by the board, the consumer members of
the board may not participate in any activity related to
examinations under this section.
§16-8-12. Waiver of examination requirements; out-of-state
licensees.
(a) Subject to the provisions of this section, the board may
waive the theory section of the examination requirement of this
article for an individual who is licensed to practice electrology
in another state.
(b) The board may grant a waiver under this section only if
the applicant:
(1) Pays the license fee required by section thirteen of
this article; and
(2) Provides adequate evidence that the applicant:
(A) Meets the qualifications otherwise required by this
article;
(B) Became licensed in the other state after passing in thatstate or in any other state, an examination that is substantially
equivalent to the examination for which the applicant is seeking
the waiver; and
(C) Became licensed in the other state after meeting
requirements that are substantially equivalent to the
requirements of this article.
§16-8-13. Issuance and contents of license.
(a) The board shall issue a license to any applicant who:
(1) Meets the requirements of this article; and
(2) Pays a license fee of one hundred dollars.
(b) The board shall include on each license that the board
issues a license designation as:
(1) An electrologist license; or
(2) An electrology instructor license.
§16-8-14. Scope of license.
(a) An electrologist license issued under this article
authorizes the licensee to practice electrology while the license
is effective.
(b) An electrology instructor license issued under this
article authorizes the licensee to practice electrology and to
teach an electrology education program while the license is
effective.
§16-8-15. Term and renewal of licenses.
(a) A license expires two years after its effective date,
unless the license is renewed for a one-year term as provided in
this section.
(b) At least one month before the license expires, the board
shall send to the licensee, by first class mail to the last known
address of the licensee, a renewal notice that states:
(1) The date on which the current license expires;
(2) The date by which the renewal application must be
received by the board for the renewal to be issued and mailed
before the license expires;
(3) The continuing education requirements as established by
the board for license renewal; and
(4) The amount of the renewal fee.
(c) Before the license expires, the licensee periodically
may renew it for an additional one-year term, if the licensee:
(1) Otherwise is entitled to be licensed;
(2) Pays to the board a renewal fee of one hundred dollars;
and
(3) Submits to the board:
(A) A renewal application on the form that the board
requires; and
(B) Satisfactory evidence of compliance with any continuing
education requirement set under this article for license renewal.
(d) The board shall renew the license of each licensee who
meets the requirements of this section.
§16-8-16. Inactive status; reinstatement of expired licenses.
(a) The board shall place a licensee on inactive status, if
the licensee submits to the board:
(1) An application for inactive status on the form requiredby the board; and
(2) The inactive status fee set by the board.
(b) The board shall reactivate the license of an individual
who is on inactive status, if the individual:
(1) Complies with any continuing education requirement
established by the board for this purpose; and
(2) Pays to the board a reactivation fee of fifty dollars.
(c) The board, in accordance with its rules shall reinstate
the license of an individual who has failed to renew the license
for any reason if the individual:
(1) Otherwise is entitled to be licensed;
(2) Complies with any continuing education requirement
established by the board for this purpose;
(3) Pays to the board all past due renewal fees and a
reinstatement fee set by the board; and
(4) Applies to the board for reinstatement of the license
within five years after the license expires.
(d) The board may not reinstate the license of an
electrologist or an electrology instructor who fails to apply for
reinstatement of the license within five years after the license
expires. However, the electrologist or electrology instructor
may become licensed by meeting the existing requirements for
obtaining a new license under this article.
§16-8-17. Surrender of license.
(a) Unless the board agrees to accept the surrender of a
license, a licensed electrologist or licensed electrologyinstructor may not surrender the license nor may the license
lapse by operation of law while the licensee is under
investigation or while charges are pending against the licensee.
(b) The board may set conditions on its agreement with the
licensed electrologist or licensed electrology instructor under
investigation or against whom charges are pending to accept
surrender of the license.
§16-8-18. Denials, reprimands, suspensions and revocations.
(a) Subject to the hearing provisions of section twenty of
this article, the board may deny a license to any applicant,
reprimand any licensee, place any licensee on probation or
suspend or revoke a license if the applicant or licensee;
(1) Fraudulently or deceptively obtains or attempts to
obtain a license for him or herself or for another;
(2) Fraudulently or deceptively uses a license;
(3) As part of the practice of electrology, knowingly
commits any act that exceeds the scope of the practice of
electrology;
(4) Is negligent in practicing or teaching the practice of
electrology;
(5) Acts in a manner inconsistent with generally accepted
standards for the practice of electrology;
(6) Is convicted of or pleads guilty or no contest to a
felony or to a crime involving moral turpitude, whether or not
any appeal or other proceeding is pending to have the conviction
or plea set aside;
(7) Is disciplined by a licensing or disciplinary authority
of another state or convicted or disciplined by a court of
another state for an act that would be grounds for disciplinary
action under the board's authority hereunder;
(8) Provides professional services while:
(A) Under the influence of alcohol; or
(B) Using any controlled substance in excess of therapeutic
amounts or without a medical prescription therefor;
(9) Uses instruments or procedures in practicing electrology
that are not approved by the board;
(10) Advertises in a manner that violates the provisions of
this section twenty-seven of this article;
(11) Uses a title not authorized by this article;
(12) Is currently adjudicated as incompetent.
(13) Practices electrology with an unauthorized person or
supervises or aids an unauthorized person in the practice of
electrology;
(14) Willfully makes or files any false report or record in
the practice of electrology;
(15) Willfully fails to file or record any report as
required by law, willfully impedes or obstructs the filing or
recording of any such report or induces another to fail to file
or record such report;
(16) Submits a false statement to collect a fee;
(17) Violates any rule adopted by the board;
(18) Uses or promotes or causes the use of any misleading,deceiving or untruthful advertising matter, promotional
literature or testimonial;
(19) Is professionally, physically or mentally incompetent;
(20) Promotes the sale of devices, appliances or goods to a
patient so as to exploit the patient for financial gain;
(21) Behaves immorally in the practice of electrology; or
(22) Commits an act of unprofessional conduct in the
practice of electrology.
(b) An individual whose license has been revoked or
suspended by the board shall return the license to the board. If
at that time the license is lost, the individual shall send a
sworn statement to this effect to the board.
§16-8-19. Penalty instead of suspension or in addition to
suspension or revocation.
(a) If, after the holding of a hearing pursuant to the
provisions of section twenty of this article, the board finds
that there are grounds to suspend or revoke a license, the board
may impose a penalty not exceeding five thousand dollars in lieu
of suspending the license or, in addition to suspending or
revoking the license.
(b) The board shall adopt rules to set standards for the
imposition of penalties under this section.
(c) The board shall pay any penalty collected under this
section into the general revenue fund of the state.
§16-8-20. Hearings.
(a) Except as otherwise provided in the administrativeprocedures act, as provided in chapter twenty-nine-a of this
code, before the board takes any action against any licensee it
shall give such licensee an opportunity to be heard.
(b) The board shall give notice and hold the hearing in
accordance with the applicable provisions of the administrative
procedures act as set forth in chapter twenty-nine-a of this
code.
(c) Any required notice shall be sent by certified mail,
return receipt requested, to the last known address of the person
for whom it is intended, at least thirty days before the hearing.
(d) The person has the right to be represented at all times
by counsel.
(e) The board may issue subpoenas and administer oaths in
connection with any proceeding under this section.
(f) If after due notice the person against whom the action
contemplated, fails or refuses to appear, the board may hear and
determine the matter.
§16-8-21. Appeal and judicial review.
(a) Except as provided in this section for an action under
section eighteen of this article, any person aggrieved by any
final decision of the board may:
(1) Appeal that decision to the circuit court of Kanawha
County; and
(2) Take any further appeal allowed by law.
(b) Any person aggrieved by a final decision of the board
under section eighteen of this article may appeal to the circuitcourt presiding in the county wherein he or she engages in the
practice of electrology. The appeal shall be in all other
respects the same procedurally as any other appeal authorized by
this article.
§16-8-22. Reinstatement of suspended or revoked licenses.
If a license is suspended or revoked for a period of more
than one year, the board may reinstate the license after one
year.
§16-8-23. Powers and duties of board.
In addition to the other powers and duties of the board, the
board has the power and duty to:
(a) Set standards by which an electrology educational
institution or program may be approved;
(b) Survey and evaluate proposed programs;
(c) Evaluate the need for an institutional/program in any
geographical area of the state in which a program is proposed to
be located;
(d) Maintain a list of in-state institutions/programs that
currently offer electrology education programs that are
recognized as viable programs by the board and to also maintain
a list of out-of-state institutions/programs in electrology that
are recognized as such by the board; and
(e) Encourage state institutions of higher learning to
establish programs of at least two-years credit in the theory and
practice of electrology.
§16-8-24. Recognition required; standards; review.
(a) Before an institution/program may operate an electrology
education program in this state, the board shall recognize the
institution/program.
(b) The board shall recognize an electrology educational
institution/program in this state if:
(1) The board of trustees for the university of West
Virginia or the board of directors for state colleges, as the
case may be, approves the program; and
(2) The institution/program that offers the education
program submits evidence to the board that the
institution/program is prepared to:
(A) Meet the standards set by the board under this article;
and
(B) Carry out an education program in:
(i) The theory of electrology that consists of at least two
hundred hours of academic lecturing; and
(ii) The clinical practice of electrology that consists of
at least four hundred hours of training to be taught by a
licensed electrology instructor.
(c) The board periodically may evaluate electrology
programs/institutions in this state and out-of-state and prepare
a written report relative to such evaluation.
(2) If an institution/program that offers a recognized
electrology education program violates any of the standards set
by the board under this article, the board shall give the
institution/program specific, written notice of the violation.
§16-8-25. Withdrawal of recognition.
(a) The board may remove an institution/program from its
list of institutions/programs that offer recognized electrology
education programs if the institution/program:
(1) Is guilty of fraud or deceit in obtaining or attempting
to obtain recognition;
(2) Acts in a manner inconsistent with generally accepted
standards for the practice of electrology;
(3) Advertises in a manner that the board determines
violates any provision of this article;
(4) Violates the standards set under this article and does
not correct the violation in a reasonable time after notice is
given; or
(5) No longer operates a program that qualifies for
recognition under this article.
(b) Any action taken under this section shall be in
accordance with the hearing and administrative and judicial
review provisions provided for in this article.
§16-8-26. Use of titles.
(a) Except as provided in subsection (b) of this section, a
licensee may use the title "licensed electrologist" and the
abbreviation "L.E."
(b) A licensed electrology instructor also may use the title
"licensed electrology instructor" and the abbreviation "L.E.I."
§16-8-27. Advertising.
(a) A licensee may not advertise in a manner that isunreasonable, misleading or fraudulent.
(b) An institution/program that offers an approved
electrology education program may not advertise in a manner that
is unreasonable, misleading or fraudulent.
§16-8-28. Instruments and procedures.
(a) The board shall adopt rules that specify the types of
instruments and procedures that the board approves for use in the
practice and teaching of electrology.
(b) A licensee may use only those instruments and procedures
in practicing electrology or while teaching an electrology course
that are approved by the board.
§16-8-29. Practicing without a license.
Except as otherwise provided in this article, no person may
practice, attempt to practice or offer to practice electrology or
teach, attempt to teach or offer to teach an electrology
education program in this state unless licensed by the board.
§16-8-30. Misrepresentation.
Unless authorized to practice electrology or to teach an
electrology education program under this article, a person may
not represent to the public by title, by description of services,
methods or procedures or otherwise, that the person is authorized
to practice electrology or to teach an electrology education
program in this state.
§16-8-31. Limitation on title use by licenses.
A licensee may not use any title except the titles
authorized by section twenty-six of this article.
§16-8-32. Penalties.
A person who violates any provision of this subtitle is
guilty of a misdemeanor, and, on conviction thereof, is subject
to a fine not exceeding one thousand dollars or imprisonment in
the county or regional jail not exceeding six months, or both.
NOTE: The purpose of this bill is to, in effect, create a
new article regulating the professional practice of electrolysis
in this state. This bill adds an additional thirty sections to
the article. Specifically, the bill addresses the following:
electrologists; definitions; establishing the state board of
electrologists; prescribing membership, qualifications, tenure
and removal provisions for such board; providing that the board
selects officers from its members and their elections and terms
of office; what constitutes a quorum; meetings; compensation for
board members; allowing board to employ staff; powers and duties
of board; providing that the board may set fees and prescribing
how funds collected shall be disposed; limiting civil liability
of the board; license requirements; prescribing qualifications
for applicants; examinations of applicants; subjects and methods
of examinations; grading of examinations; reexaminations;
prohibiting consumer members of board to participate in activity
related to examinations; waiver of examination requirements;
scope of licenses; terms and renewals of licenses; reinstatement
of expired licenses; surrender of licenses; denials, suspensions
and revocations of licenses; penalty; hearings; appeal and
judicial review; reinstatement of suspended or revoked licenses;
powers and duties of the board; requiring board recognition of
institutions or programs that teach electrolysis technique;
withdrawal of recognition; use of titles; advertising by
licensees; requiring the board to adopt rules for instrumentation
and procedures; practicing without a license; prohibiting persons
to misrepresent that they are qualified in electrology; limiting
the use of titles by licensees; and penalties.
§§16-8-3 thru 32 are new; therefore, strike-throughs and
underscoring have been omitted
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.