Florida Senate - 2019                                     SB 570
       By Senator Diaz
       36-01092-19                                            2019570__
    1                        A bill to be entitled                      
    2         An act relating to laser hair removal or reduction;
    3         amending s. 478.42, F.S.; revising definitions;
    4         repealing s. 478.44, F.S., relating to the
    5         Electrolysis Council; amending s. 478.49, F.S.;
    6         providing certification requirements for licensed
    7         electrologists who perform laser hair removal or
    8         reduction; amending ss. 478.43, 478.45, 478.50,
    9         478.52, and 478.53, F.S.; conforming provisions to
   10         changes made by the act; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 478.42, Florida Statutes, is amended to
   15  read:
   16         478.42 Definitions.—As used in this chapter, the term:
   17         (1) “Board” means the Board of Medicine.
   18         (2)“Council” means the Electrolysis Council.
   19         (2)(3) “Department” means the Department of Health.
   20         (3)(4) “Electrologist” means a person who engages in the
   21  practice of electrolysis.
   22         (4)(5) “Electrolysis or electrology” means the permanent
   23  removal of hair by destroying the hair-producing cells of the
   24  skin and vascular system, using equipment and devices approved
   25  by the board which have been cleared by and registered with the
   26  United States Food and Drug Administration and that are used
   27  pursuant to protocols approved by the board.
   28         Section 2. Section 478.43, Florida Statutes, is amended to
   29  read:
   30         478.43 Board of Medicine; powers and duties.—
   31         (1) The board, with the assistance of the Electrolysis
   32  Council, is authorized to establish minimum standards for the
   33  delivery of electrolysis services and to adopt rules pursuant to
   34  ss. 120.536(1) and 120.54 to implement the provisions of this
   35  chapter.
   36         (2) The board may administer oaths, summon witnesses, and
   37  take testimony in all matters relating to its duties under this
   38  chapter.
   39         (3)The board may delegate such powers and duties to the
   40  council as it may deem proper.
   41         (3)(4) The board, in consultation with the council, shall
   42  recommend proposed rules, and the board shall adopt rules for a
   43  code of ethics for electrologists and rules related to the
   44  curriculum and approval of electrolysis training programs,
   45  sanitary guidelines, the delivery of electrolysis services,
   46  continuing education requirements, and any other area related to
   47  the practice of electrology.
   48         Section 3. Section 478.44, Florida Statutes, is repealed.
   49         Section 4. Subsections (2), (3), and (6) of section 478.45,
   50  Florida Statutes, are amended to read:
   51         478.45 Requirements for licensure.—
   52         (2) Each applicant for licensure must shall successfully
   53  pass a written examination developed by the department or a
   54  national examination that has been approved by the board. The
   55  examinations must shall test the applicant’s knowledge relating
   56  to the practice of electrology, including the applicant’s
   57  professional skills and judgment in the use of electrolysis
   58  techniques and methods, and any other subjects that which are
   59  useful to determine the applicant’s fitness to practice.
   60         (3) The department, upon approval of the board, may adopt a
   61  national examination in lieu of any part of the examination
   62  required by this section. The board, with the assistance of the
   63  council, shall establish standards for acceptable performance.
   64         (6) The department may not issue a license to any applicant
   65  who is under investigation in another jurisdiction for an
   66  offense that which would be a violation of this chapter, until
   67  such investigation is complete. Upon completion of such
   68  investigation, if the applicant is found guilty of such offense,
   69  the board shall apply the applicable provisions of s. 478.52.
   70         Section 5. Section 478.49, Florida Statutes, is amended to
   71  read:
   72         478.49 License required.—
   73         (1) A person may not No person may practice electrology or
   74  hold herself or himself out as an electrologist in this state
   75  unless she or he the person has been issued a license by the
   76  department and holds an active license pursuant to the
   77  requirements of this chapter.
   78         (2) A licensee shall display her or his license in a
   79  conspicuous location in her or his place of practice and provide
   80  it to the department or the board upon request.
   81         (3)A licensee who uses a laser or pulsed-light device in a
   82  laser hair removal or reduction procedure must be certified by a
   83  nationally recognized electrology organization in the use of
   84  such device.
   85         Section 6. Subsection (4) of section 478.50, Florida
   86  Statutes, is amended to read:
   87         478.50 Renewal of license; delinquent status; address
   88  notification; continuing education requirements.—
   89         (4)(a) An application for license renewal must be
   90  accompanied by proof of the successful completion of 20 hours of
   91  continuing education courses or proof of successfully passing a
   92  reexamination for licensure within the immediately preceding
   93  biennium which meets the criteria established by the board. Both
   94  the continuing education and reexamination shall contain
   95  education on blood-borne diseases.
   96         (b) The board, with the assistance of the council, shall
   97  approve criteria for, and content of, electrolysis training
   98  programs and continuing education courses required for licensure
   99  and renewal as set forth in this chapter.
  100         (c) Continuing education programs shall be approved by the
  101  board. Applications for approval shall be submitted to the board
  102  not less than 60 days or nor more than 360 days before they are
  103  held.
  104         Section 7. Paragraph (t) of subsection (1) and subsection
  105  (4) of section 478.52, Florida Statutes, is amended to read:
  106         478.52 Disciplinary proceedings.—
  107         (1) The following acts constitute grounds for denial of a
  108  license or disciplinary action, as specified in s. 456.072(2):
  109         (t) Practicing or attempting to practice any permanent hair
  110  removal except as described in s. 478.42(4) s. 478.42(5).
  111         (4) The board, with the assistance of the council, may, by
  112  rule, establish guidelines for the disposition of disciplinary
  113  cases involving specific types of violations. The guidelines may
  114  include minimum and maximum fines, periods of supervision on
  115  probation, or conditions upon probation or reissuance of a
  116  license.
  117         Section 8. Subsection (6) of section 478.53, Florida
  118  Statutes, is amended to read:
  119         478.53 Penalty for violations.—It is a misdemeanor of the
  120  first degree, punishable as provided in s. 775.082 or s.
  121  775.083, to:
  122         (6) Practice or attempt to practice any permanent hair
  123  removal except as described in s. 478.42(4) s. 478.42(5).
  124         Section 9. This act shall take effect October 1, 2019.