RULE NO.:RULE TITLE:
64B8-51.006Rule Governing Licensure and Inspection of Electrology Facilities
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 167, August 26, 2016 issue of the Florida Administrative Register.
The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a public meeting held December 2, 2016. The changes are as follows:
64B8-51.006 Rule Governing Licensure and Inspection of Electrology Facilities
(1) No change
(2) Electrology Facility Licensure.
(a) The owner of an electrology facility is required to obtain a license for the electrology facility. However, physicians licensed under Chapter 458 or 459, F.S., are not required to obtain an electrology facility license and electrologists employed by physicians licensed under Chapter 458 or 459, F.S., are not required to obtain an electrology facility license.
(b) To obtain the license, the applicant shall provide information to the Department as required by this rule on a form provided by the Department and approved and incorporated herein by reference by the Board as Form DH-MQA 1213, entitled “State of Florida Application for Electrolysis Facility Licensure – New Facility or New Ownership” (revised 12-02-2016 05-16-2016), which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref- 02754 or the Department at The Florida Department of Health, Electrolysis Council, Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3256. The applicant must pay a $100 application fee, which is nonrefundable, $100 inspection fee, $100 licensure fee and a $5.00 unlicensed activity fee.
(3)(a) through (3)(b) No change
(c) In addition to those specified in paragraph (3)(a), the requirements to be followed, and materials and equipment to be available at each electrology facility wherein laser or light-based equipment is used for hair removal, are listed below.
1. No change
2. For all electrologists using laser or light-based equipment in the facility, proof of having passed the Society for Clinical and Medical Hair Removal test for certification as a Certified Medical Electrologist., or proof of having passed a substantially equivalent test for certifications as determined by the Council.
3. through 11. No change
(4) No change
(5) Inspections. The Department shall inspect all electrology facilities in the following manner:
(a) through (b) No change
(c) When an existing electrology facility adds a modality, either epilator or laser/light-based equipment, or switches from one of those modalities to the other, an inspection shall be conducted to determine whether the facility has properly registered equipment and the proper safety and sanitary equipment and materials. The electrology facility shall notify the Department of the new modality by submitting to the Executive Director of the Electrolysis Council the form provided by the Council and approved and incorporated herein by the Board by reference as Form DH5008-MQA-09/2015, entitled “Application for Inspection for Adding or Switching to a New Electrology Modality” (revised 12-02-2016 effective 11/9/2015), which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-_________ or http://www.floridahealth.gov/licensing-and-regulation/electrolysis/, or the Department at The Florida Department of Health, Electrolysis Council, Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3256. The facility must pass an inspection prior to implementing the new modality.
(6) Transfer of Ownership or Location of the Electrology Faciltye.
(a) No change
(b) An electrology facility license may be transferred from one location to another only upon approval by the Department which approval shall be granted upon compliance with all requirements set out below in subparagraphs 1. through 3. Only the licenses for electrology facilities which have passed inspection at the original location are eligible for transfer to another location. In order to begin practice at the new location, the electrology facility license holder must first perform all of the following procedures:
1. File a completed application for transfer prior to the date of the transfer on a forms prescribed by the Department, and approved and incorporated herein by reference by the Board as Form DH5018-MQA, entitled “State of Florida Application for Transfer of Electrolysis Facility Location” (revised 12-02-2016 05-16-2016), which can be obtained from http://www.flrules.org/Gateway/reference.asp?No= Ref- or the Department at the Florida Department of Health, Electrolysis Council, Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3256, which application must be processed by the Council office;
2. No change
3. No change
(7) No change
Rulemaking Authority 456.037, 478.43(1), (4), 478.51(3), (11) FS. Law Implemented 456.037, 456.0635, 478.43, 478.49, 478.51, 478.55 FS. History–New 11-16-93, Formerly 61F6-76.006, Amended 5-11-95, 6-26-96, Formerly 59R-51.006, Amended 12-23-97, 12-22-98, 2-17-00, 3-25-01, 4-8-02, 6-16-03, 7-29-10, 6-19-13, 12-25-14, .
Changes to Forms DH-MQA 1213 and DH-MQA 5018 include:
The checklist Section A. reference to a sharps container is deleted.
The checklist Section C. deletes the phrase “or proof of having passed a test for an equivalent certification as approved by the Council”
The application Section 7. deletes all references to “or equivalent” regarding the CME certification requirement.
The Applicant Statement deletes “hereby affirm” and substitutes “further state” in reference to having read the laws and rules.
Changes to Form DH-MQA 5008 include:
The last sentence in the first paragraph of page one is modified to read: “This form is used to notify the Department that a new modality will be used at the facility so that it can schedule an inspection.”
The entry “COMPLETE FACILITY NAME (as it should appear on license):” is modified to delete the parenthetical text.
The Applicant Statement deletes “hereby affirm” and substitutes “further state” in reference to having read the laws and rules.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Electrolysis Council/MQA, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3255.
