10- 144 C.M.R. ch. 212, § 1

Current through 2024-51, December 18, 2024

Section 144-212-1 - GENERAL PROVISIONS

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.

10- 144 C.M.R. ch. 212, § 1