Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. An
electrology facility is that portion of any establishment or place wherein
electrolysis is performed. An electrology facility may be part of a
residence.
(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) 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 "Application for
Electrolysis Facility Licensure" (revised 05/20), which can be obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-12220,
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) Electrology Facility Safety and Sanitary
Requirements. Paragraph (a) of this subsection applies to all electrology
facilities regardless of the modalities used. Paragraph (b) of this rule
applies to electrology facilities where epilators are used. Paragraph (c) of
this rule applies to electrology facilities where laser or light-based
equipment is used.
(a) Listed below are
requirements to be followed, and material and equipment to be available, at
each electrology facility where epilators or lasers/light-based equipment is
used.
1. At the time of services, each client
shall be protected from view of the public, and any other clients at the
facility. This requirement shall not apply when electrolysis training is
undertaken in accordance with a training program approved by the Electrolysis
Council.
2. There shall be a toilet
and sink with hot and cold running water available to the electrology facility.
The toilet and sink shall be kept clean and in working order when the
electrology facility is open for business.
3. Electrolysis shall be conducted on a
treatment table or treatment chair with a non-porous surface capable of being
disinfected.
4. The following
supplies and equipment shall always be available at the electrology facility:
a. Disposable paper drapes or sanitary cloth
drapes stored in a closed container or compartment,
b. Sanitary waste receptacles for the
disposal of used gloves, paper supplies, cotton balls, and other noninfectious
items,
c. Single use, disposable
towels,
d. A treatment lamp or
magnifier lamp capable of being cleaned with disinfectant,
e. A magnifying device which shall be a
magnifier lamp, optical loupe or microscope capable of being cleaned and
disinfected,
f. Tuberculocidal
hospital grade disinfectant registered by the Environmental Protection Agency,
household bleach or wiping cloths pre-saturated with disinfectant for wiping
non-porous surfaces,
g. Betadine,
3% U.S. Pharmaceutical grade hydrogen peroxide, or 70% isopropyl alcohol, or
wrapped single use wipes saturated with 70% isopropyl alcohol,
h. Clean, non-sterile materials such as
cotton balls, cotton strips, cotton swabs, gauze pads, and gauze strips,
i. If cloth towels are used, they
shall be cleaned prior to use on each client and stored in a closed container
or compartment. Used cloths shall be kept in a separate closed container,
j. A holding container for soaking
and cleaning contaminated instruments; and,
k. Non-sterile disposable examination
gloves.
(b) 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 where epilators are used are listed below.
1. An FDA registered needle-type epilation
device in working order,
2. Clean
and sterile needles/probes and forceps/tweezers,
3. Needle holder tips,
4. A sharps container for disposal of used
needles/probes, as defined in subsection
64E-16.002(24),
F.A.C., effective June 3, 1997, which is hereby incorporated by reference and
can be obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-11261;
5. Covered containers for needles/probes and
forceps/tweezers which containers are capable of being cleaned and sterilized,
6. A sterilizer which shall be
either an autoclave or dry heat sterilizer, and color change indicators for use
with either sterilizer. The endodontic dry heat "glass bead sterilizer" shall
not be used for instrument sterilization; and,
7. Unless the facility is new, quarterly
records of sterilizer biological test monitoring, which shall be made available
to the Department upon request.
(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 where laser or light-based
equipment is used for hair removal, are listed below.
1. For electrologists who have completed a
Council-approved needle-type epilation training program:
a. Proof of certification of 30 hours of
continuing education in laser hair removal from a provider approved pursuant to
Rule 64B8-52.004, F.A.C.;
and
b. Proof of having passed the
Society for Clinical and Medical Hair Removal test for certification as a
Certified Medical Electrologist.
2. For electrologists who have completed a
Council-approved combined needle-type epilation, laser and light-based hair
removal training program:
a. Proof of
completion from a combined training program; and
b. Proof of having passed the epilator and
laser and light-based combined exam.
3. For devices required to be registered,
proof of registration for each laser or light-based device in use at the
facility as required by Section
501.122, F.S.
4. Written designation of laser safety
officer.
5. A room or rooms
specifically designated for use of the laser or light-based equipment which is
where all use of such equipment shall take place.
6. Sign on door of laser room identifying
when laser or light-based equipment is in use.
7. Lock on door of laser room.
8. Protective eyewear capable of being
cleaned and disinfected shall be used by all persons in laser room during
operation of laser or light-based equipment.
9. Fire extinguisher in vicinity of laser
room.
10. Cold water and
ice.
11. The written protocols
required by paragraph
64B8-56.002(4)(a),
F.A.C.
(4) The
following documents shall be available in each electrology facility:
(a) The electrology facility license, which
shall be visible to the public;
(b)
The current license of the electrologist, which shall be visible to the
public;
(c) The most recent
inspection sheet from the Department of Health;
(d) A current copy of Rule
64B8-51.006, F.A.C.;
and,
(e) An appointment book shall
be maintained and kept on the electrology facility premises which lists the
name of each person who has received treatment. The appointment book shall be
maintained for four (4) years. The appointment book may be an electronic
record.
(5) Inspections.
The Department shall inspect all electrology facilities in the following
manner:
(a) All licensed facilities shall be
inspected once per biennium.
(b)
All facilities applying for initial licensure shall be inspected prior to
licensure.
(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 DH-MQA5008, entitled "Application for Inspection for Adding
or Switching to a New Electrology Modality" (revised 10/2020), which can be
obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-12741,
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 Facility.
(a) No license for an
electrology facility may be transferred from the name of the original licensee
to another. If a facility is sold, the new owner must apply to the Department
for licensure and no electrolysis services may be performed in the facility
after the sale until the new owner has received the required license from the
Department. A person purchasing an electrology facility may apply to the
Department for licensure prior to the date of purchase.
(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 form prescribed
by the Department, and approved and incorporated herein by reference by the
Board as Form DH-MQA 5018, entitled "Application for Transfer of Electrolysis
Facility Location" (revised 05/20), which can be obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-12208,
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. Surrender the current license with the
application; and,
3. Pay $100 to
have the new location inspected to determine compliance with Rule
64B8-51.006, F.A.C. The
electrology facility license holder transferring the license shall be permitted
to perform electrolysis in the new facility, only after the application has
been processed by the Council office and notification provided to the licensee,
prior to inspection for a period of 60 days commencing with the first day
electrolysis is performed in the new facility. The required inspection must be
performed within the 60 day period or electrolysis services must cease until
the inspection is performed.
(7) Renewal of Facility Licensure. Facility
licensure shall be renewed at the end of each biennium prescribed by the
Department. The licensee shall receive ninety (90) days notice of the need to
renew the facility license. The notice shall be sent to the licensee at the
last known address of the facility. Failure to receive the notice will not
excuse the licensee from the requirement to renew the facility license, and
failure to renew shall result in the license becoming delinquent. If the
delinquent licensee does not apply for renewal of the license within six months
of the license becoming delinquent, the license shall become null and any
subsequent licensure shall be as a result of applying and meeting all
requirements for new licensure. A facility may not operate without a license.
To timely renew the facility license, including the six month "grace period"
provided for, the licensee must pay the renewal fee of $100 and the inspection
fee of $100.
Rulemaking Authority
456.037,
478.43(1), (4),
478.51(3), (11)
FS. Law Implemented 456.037,
456.0635,
458.348(2),
478.43,
478.49,
478.51,
478.55
FS.
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, 9-11-18, 12-31-19,
10-29-20, 3-14-21.