Current through 2024-38, September 18, 2024
A. Administration
1. Powers and Duties. The department shall
register or refuse to register persons under these rules, investigate, inspect,
examine and review as necessary to properly administer these rules, and make
any appropriate complaint to the Administrative Court.
B. Registration.
1. Fee. Registration fee shall be fifty
dollars ($50), valid for one year from the date of registration.
2. The department shall register any person
who:
a. Is at least 17 years of
age,
b. Has a high school diploma
or equivalent,
c. Has
satisfactorily completed a course of instruction of 600 hours in a school of
electrology and provides the department with a notarized copy of a certificate
of completion from that school of electrology, and
d. Passes an inspection.
3. Exemption. A person who has a valid
electrology license from the department as of January 1, 1995 is exempt from
the requirements of section B.2.c.
4. Reciprocity. Except as provided in section
C and notwithstanding the requirements of subsection 1, the department shall
register any applicant who provides the department with evidence that the
applicant has 3 years experience as an electrologist. That proof must consist
of notarized copies of the license or registration issued by the state where
the applicant last practiced electrology.
C. Grounds for refusal, suspension or
revocation. The following shall be grounds for the department's refusal to
register any person or for the Administrative Court's suspension or revocation
of the registration of any person:
1. Non
compliance with the rules adopted by the department.
2. Conviction of any crime directly related
to that person's practice of electrology.
3. Attempting to register or registering by
means of fraud or under false pretenses.
D. Registration required. No person may
practice electrology in this state unless that person is registered with the
department.
E. Penalty. Any person
who practices electrology in violation of subsection D is guilty of a Class E
Crime.
F. Records. All records of
clients of electrology shall be kept for a period of two years.
G. Maine Administrative Procedure Act. Anyone
acting under these rules is subject to the Maine Administrative Procedure
Act.
H. Rules. The department has
adopted these rules pursuant to 32 MRSA section1221, et seq. to govern the
practice of electrology relating to training, health, safety, sanitation,
equipment, electrolysis procedures and record keeping.
I. Variance. Equipment and facilities which
were installed prior to the effective date of these rules, and which does not
meet fully all of the requirements of these rules, may be deemed acceptable if
it is in good repair, and capable of being maintained in a sanitary
condition.
J. Severability Clause.
The provisions of the rules are severable. If any provision of the rules is
invalid, or if the application to any person or circumstances is invalid, such
invalidity shall not affect other provisions or applications which can be given
effect without the invalid provision of application.
K. Registration Posted. Registration shall be
posted in the establishment where electrology is performed, conspicuous to the
public.
L. Summary. These rules
shall be liberally construed and applied to promote their underlying purpose of
protecting the public health.
M.
Definitions.
1. Commissioner shall mean the
Commissioner of Human Services.
2.
Department shall mean the Department of Human Services.
3. Electrology shall mean the practice of
removing hair permanently by applying electricity to the hair follicle to cause
growth inactivity to the hair root by the use of an electric needle
only.
4. Electrologist means a
person who practices electrology.
5. Epilators are equipment used in the
removal of hair from the human body.
6. Person shall mean an individual, firm,
partnership, corporation or other association or organization.
7. Shall, a term used to indicate that which
is required, the only acceptable method under these rules.
8. Should, a term used to reflect the more
preferable procedure, yet providing for the use of an effective
alternative.
9. Sterilize means to
free from living microorganisms, as by subjecting to great heat or chemical
action.
10. Electrolysis means the
process by which electrology is done.
