The Council proposes the rule amendment to clarify that all electrologists practicing laser and light-based hair removal are required to have passed the CME certification test by SCMHR.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-55.002Citations

PURPOSE AND EFFECT: The Council proposes the rule amendment to clarify that all electrologists practicing laser and light-based hair removal are required to have passed the CME certification test by SCMHR.

SUMMARY: The rule amendment modifies the language in (5)(l) to be consistent with that in 64B8-51.006(3)(c)2.; this is not a change in position but rather a clarification that all electrologists practicing laser and light-based hair removal are required to pass the CME certification test by SCMHR.

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 not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 456.077(1), (2) FS.

LAW IMPLEMENTED: 456.072(3)(b), 456.077(1), (2), 478.51, 478.52 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, Electrolysis Council/MQA, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3255

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-55.002 Citations

(1) through (4) No change.

(5) The Board designates the following as electrology citations violations in laser or light based hair removal. Failure to have:

(a) through (k) No change.
(l) 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 certification as determined by the Council, for all electrologists using persons who use laser or light-based equipment in the facility, who are not exempt and are licensed electrologists.	First time violation $500, Subsequent  violation $1,000.
(64B8-56.002(2)(b), F.A.C.)

(6) through (7) No change.

Rulemaking Specific Authority 456.077(1), (2), 478.51(3) FS. Law Implemented 456.072(3), (4)(b), 456.077(1), (2), 478.51, 478.52 FS. History–New 11-16-93, Formerly 61F6-80.002, Amended 1-2-95, Formerly 59R-55.002, Amended 11-13-97, 10-12-98, 2-11-01, 2-20-02, 11-12-02, 7-16-03, 2-12-07,                      .

 

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 3, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 11, 2016