The Council proposes the development of a rule amendment to address licensure and inspection of electrology facilities.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-51.006Rule Governing Licensure and Inspection of Electrology Facilities

PURPOSE AND EFFECT: The Council proposes the development of a rule amendment to address licensure and inspection of electrology facilities.

SUMMARY: Update rule language regarding licensure and inspection of electrology facilities.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The following is a summary of the SERC: The proposed rule amendments will require Physicians offering electrolysis services in facilities outside of their medical practice location to determine whether they would like to relocate those services to their existing medical practice location, incur the cost of securing licensure in the existing non-medical practice location, require the licensed Electrologist to obtain licensure for the portion of the off-premises facility in which hair removal services are offered, or, otherwise close the facility with resulting losses in revenue. The proposed changes, however, will not require ratification of the legislature.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Medicine; Electrolysis Council, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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., who are operating an electrology facility on the premises of their medical practice location are not required to obtain an electrology facility license and electrologists employed by physicians licensed under Chapter 458 or 459, F.S., and practicing at the physician’s medical practice location are not required to obtain an electrology facility license.

(b) No change. 

(3) through (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, 2-16-17,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrolysis Council

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 8, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 18, 2017