04-370 Code Vt. R. 04-030-370-X
These rules are promulgated in compliance with Chapter 86 of Title 26 of the Vermont Statutes Annotated. 26 V.S.A. § 4404(c) provides: "The director, after consultation with the advisor appointees, may adopt rules necessary to perform the director's duties under this chapter." This authority includes making rules regarding the offices in which electrology is performed, cleanliness and sanitation requirements, education, continuing education requirements, certification of applicants, denial or renewal of certification, and inspection of offices.
These rules are promulgated in compliance with Chapter 86 of Title 26 of the Vermont Statutes Annotated. 26 V.S.A. § 4404(c) provides: "The director, after consultation with the advisor appointees, may adopt rules necessary to perform the director's duties under this chapter." This authority includes making rules regarding the offices in which electrology is performed, cleanliness and sanitation requirements, education, continuing education requirements, certification of applicants, denial or renewal of certification, and inspection of offices.
The Director's mailing address is: Director of the Office of Professional Regulation, Office of the Secretary of State, Office of Professional Regulation, 89 Main Street, FL3, Montpelier, Vermont 05620-3402 (the "Office"). Copies of these rules and more information about the requirements and procedures regarding electrology, including application forms, may be obtained by contacting the Office at 1-802-828-1134. Information about the practice of electrology including application forms and renewal forms also may be obtained from the Office's web site at www.sec.state.vt.us/professional-regulation/professions/electrologists.
The practice of electrology is governed by statutes which establish the responsibilities of the Director of the Office for setting standards, issuing certificates and regulating the profession. Those laws are found in Chapter 86 of Title 26 of the Vermont Statutes Annotated, specifically 26 V.S.A. §§ 4401-4412. In addition, the Director's regulation of electrology must comply with several other state laws such as the "Administrative Procedure Act" ( 3 V.S.A. §§ 801-849), the "Open Meeting Law" ( 1 V.S.A. §§ 310-314) and the "Right to Know Law" ( 1 V.S.A. §§ 315-320). These laws set forth the rights of applicants, regulated professionals, and members of the public. The complete "Vermont Statutes" are available at legislature. vermont.gov.
Applications shall be submitted to the Office on a form furnished by the Director. The application shall be accompanied by the fee set forth in subsection 125(b) of Title 3. Application forms are available from the Office and on its website at www.sec.state.vt.us/professional-regulation/professions/electrologists.
The standardized national examination approved by the Director shall be the American Electrology Association's International Board of Electrologist Certification examination. An applicant who fails to achieve a passing score on the examination may repeat the examination only three times, upon submitting the appropriate forms and paying the required fee with each application.
In order to obtain the special license endorsement required by 26 V.S.A. § 4404(d) for an electrologist to use a laser for hair removal, an otherwise qualified electrologist shall satisfactorily complete a comprehensive laser hair removal course approved by the Director. An acceptable course shall be not fewer than sixty (60) hours long and shall include the following laser safety topics: laser and Intense Pulse Light ("IPL") physics; classifications of lasers; skin classifications; principles of laser and IPL hair removal; effects of laser light on human tissue; safe equipment operation; and indications and contraindications. At least twenty-four (24) hours of the course shall be dedicated to hands-on, supervised clinical training with both lasers and IPLs on actual patients. The clinical training shall encompass review of pertinent medical histories and treatment of patients in all stages of laser and IPL hair removal from initial to final treatment. A list of courses that meet these requirements and are pre-approved by the Director is available from the Office's website at www.sec.state.vt.us/professional-regulation. Approval for a course not specifically listed on the Office's website may be obtained by applying to the Director at any time but no later than 90 days before the alternate course begins.
An applicant who fails to achieve a passing score on the certification examination may repeat the examination three times, upon submitting the appropriate forms and paying the required fee with each application.
An applicant will be notified in writing whether he or she is qualified to be certified. If the Director denies an applicant certification, the Director shall give the applicant specific reasons and inform the applicant of the right to request a hearing for review of the decision. The hearing to review a denial will be conducted by an administrative law officer appointed by the Secretary of State. After giving the applicant and the Director an opportunity to present the application and any additional information, the administrative law officer shall affirm, reverse, remand or modify the Director's preliminary decision. The administrative law officer's decision may be appealed to Washington Superior Court.
As used in these rules:
A certificate authorizing the holder to practice electrology shall be conspicuously displayed in the place of business, and evidence of current validation shall be in the possession of the certificate holder at all times of practice.
The Director may waive the fee for inspection permitted under 26 V.S.A. § 4404(b) if the inspection reveals substantial compliance with the rules and statutes governing electrologists.
Hand Washing is one of the most important procedures for preventing the transmission of infections.
Several factors have been linked with latex sensitization, including the presence of allergic conditions (e.g., asthma, eczema, hay fever), allergy to cosmetic powders or foods, and frequency or duration of glove use/exposure.
Coordinate necessary sterilized instruments and supplies needed for each treatment in a manner whereby adherence to aseptic technique is maintained with minimal modes and sources of contamination. Caution should be taken to avoid puncture injuries from instruments.
To assure the highest level of patient/client safety, needles must be single use, pre-sterilized, and disposable. All instruments that will penetrate tissue should be either pre-sterilized disposable or thoroughly cleaned and then sterilized before reuse to reduce the risk of transmission of infection and disease.
The endodontic dry heat sterilizer (glass bead sterilizer) is no longer cleared to market by the Food and Drug Administration (FDA). The FDA Dental Device Classification Panel has stated that the glass bead sterilizer presents "a potential unreasonable risk of illness or injury to the patient because the device may fail to sterilize dental instruments adequately." The endodontic dry heat sterilizer (glass bead sterilizer) should not be used in the practice of electrology.
Some highlevel disinfectants, including glutaraldehydebased germicides, are not recommended as an applicable method of sterilization of instruments and items, based on their toxicity level, instability, and impracticality Sterilization with liquid chemical germicides is not capable of being biologically monitored If a medical device is heatstable, the proper method of reprocessing is by using a heatbased method such as a steam autoclave or dry heat oven.
Carbon rollers are porous and cannot be sterilized or disinfected, therefore, they should not be used.
A meticulous physical cleaning is always done before sterilization or disinfection. For sterilization or disinfection, refer to the manufacturers' instructions for exposure times and conditions as well as recommendations for rinsing and subsequent handling of processed items.
Low-level and intermediate-level disinfectants used in the practice of electrology should be registered with the Environmental Protection Agency (EPA), whereas high-level disinfectants/liquid chemical sterilants are cleared by the Food and Drug Administration (FDA) for use in sterilizing or disinfecting medical and dental instruments. Disinfectants are to be used according to the manufacturer's instructions.
Bleach solutions used to process tips for epilator needle holders are freshly made by mixing one tablespoon household bleach to one quart tap water. Discard bleach solution after each use. See, appendix: Practice Considerations for rationale.
A proper hygienic environment should be the goal of the electrologist and electrology instructor. A variety of microorganisms are normal contaminants of environmental surfaces, therefore, routine cleaning and removal of soil are recommended. Most microorganisms found on environmental surfaces are non-pathogens, but conscientious sanitation and disinfection techniques control cross-infection.
An assessment of the skin site and examination for signs of infection or rashes should take place prior to each treatment. Treatment should be delayed if actual or potential signs or symptoms of infection are present. The practitioner should refer the patient/client to an appropriate physician when evaluation of health history or skin assessment indicates.
The general health status of the patient/client may be a predisposing factor in susceptibility to infection and normal healing. Professional interpretations require careful observation and good judgment.
Wash hands BEFORE and AFTER each patient/client contact.
Wear gloves when touching blood, body fluids, secretions, excretions, contaminated items, mucous membranes and non-intact skin.
Take care to prevent puncture injuries when using instruments during and after procedures; when cleaning instruments; and when disposing of used needles.
Use adequate procedures for routine care, cleaning, and disinfection of environmental surfaces, and other frequently touched surfaces.
All persons certified to practice electrology must complete a minimum of 10 hours of continuing education during the two-year certification period and must report these hours at the time of certificate renewal. After January 1, 2005 the continuing education requirement will not apply for the first period in which a person obtains certification. It will apply to the period after the first renewal.
If an electrologist has not received prior approval for continuing education credits for a course under Rule 6.2(B) above by November 15 of the licensure renewal year, the director may deny recognition of the credits claimed.
An electrologist shall notify the Office in writing within 30 days of the following:
Unprofessional conduct means misusing a title in professional activities and any of the conduct listed in section 129a of Title 3, whether committed by a certified electrologist or an applicant Unprofessional conduct includes:
Hearings on charges of unprofessional conduct are held before an administrative law officer appointed by the Secretary of State. Copies of rules and statutes governing disciplinary proceedings are available from the Director. A party aggrieved by a decision of an administrative law officer may, within 30 days of the decision, appeal by filing a written notice with the Director in the manner provided in Vermont Rules of Appellate Procedure 3 and 4. A check for the court filing fee, made payable to the Clerk of the Washington Superior Court, must accompany the filing fee. The appeal shall be decided by Washington Superior Court on the basis of the record before the administrative law officer. Any request for a stay pending appeal should be filed with the Washington Superior Court.
After a hearing, and upon a finding of unprofessional conduct, sanctions may include, but are not limited to, fine of up to $ 1,000 for each violation, refusal to grant or renew certification, suspension or revocation or imposing limitations or conditions, obtaining injunctions, issuing warnings and other similar sanctions.
Appendix. Electrology Practice Considerations.
Some practice considerations taken from the American Electrology Association provide the rationale for the rules above.
Cleaning:
Cleaning is the basic first step for all decontamination. Cleaning physically removes debris and reduces the number of microorganisms present. Cleaning is the removal of organic material or soil from objects and is usually done by using detergent and water. Generally, cleaning is designed to remove rather than kill microorganisms. Technology has provided cleaning products and devices that are especially appropriate for the cleaning of instruments used in electrology.
Use of Gloves:
The consistent wearing of gloves will decrease the risk of potential exposure. Wearing gloves will also protect the patient/client from potential exposure to the microbial flora of the electrologist, including blood-borne organisms should there be cuts, scrapes, or micro-lesions on the electrologist's hands. When gloves are worn, hand washing is also recommended because gloves may become perforated during use and because bacteria can multiply rapidly on gloved hands. Torn or perforated gloves should be removed immediately and hands washed after gloves are removed.
If one chooses latex gloves, powder-free gloves with reduced protein content are suggested. Such gloves reduce exposure to latex protein and thus reduce the risk of latex allergy. When wearing latex gloves, do not use oil-based hand creams or lotions (which can cause glove deterioration) unless they have been shown to reduce latex-related problems and maintain glove barrier protection.
Washing gloves during the treatment of the same patient/client is not recommended. Washing with surfactants may cause "wicking"; i.e., the enhanced penetration of liquids through microscopic holes in the gloves that would not otherwise leak. Disinfecting agents or oils may cause deterioration of glove material. Wearing gloves will not guarantee absolute protection as gloves may have micro tears.
Use of Chlorine:
Chlorine solutions in concentrations of 0.05 to 0.5% free chlorine are generally considered to be intermediate-level disinfectants for specific site disinfection. Solutions of 0.5% (household bleach contains approximately 5% sodium hypochlorite) have broad-spectrum germicidal activity, and exhibit sporicidal activity, are tuberculocidal, inactivate vegetative bacteria, and are fungicidal and virucidal. Klein and Deforest (1965) reported that all of 25 viruses were inactivated in 10 minutes by as little as 0.02%) available chlorine.
Standard Precautions:
Standard Precautions as Recommended by the Centers for Disease Control and Prevention (CDC)
Hepatitis B:
The Centers for Disease Control and Prevention (CDC) report that HBV infection is a major infectious occupational hazard for health care workers. They risk hepatitis B virus (HBV) exposure if their tasks involve contact with blood or blood-contaminated body fluids. The risk of acquiring HBV infection from occupational exposures is dependent on the frequency of percutaneous and permucosal exposures to blood or blood products.
Risks among health care professionals vary during the training and working career, but are often highest during the professional training period. For this reason, when possible, vaccination should be completed during training in schools before workers have their first contact with blood.
Other Resources and Suggestions:
In addition to familiarity with Exposure Control Procedures, practitioners should refer to the Centers for Disease Control's "Exposure to Blood: What Every Health Care worker needs to know" found at http://www.cdc.gov/ncidod/hip/Blood/Exp_to_Blood.pdf for the most up to date information on exposure procedures. Note: If information differs from information contained in these rales, follow these guidelines. See also, http://www.cdc.gov/ncidod/hip/Blood/UNIVERSA.HTM for information on universal precautions for prevention of transmission of HIV and other blood borne infections.
Environmental Controls:
Hospital-grade disinfectants registered with the Environmental Protection Agency (EPA) should be used for environmental surface cleaning. Product labels give the EPA registration number and should give adequate safety and precautionary information. Manufacturer's instructions on the use of the product should be followed. Information on specific manufacturer label claims and the classification of disinfectants can be obtained by writing the Anti Microbial Division, EPA 751OC, Office of Pesticides Programs, 401 M Street SW, Washington, DC 20460. http://www.epa.gov/.
04-370 Code Vt. R. 04-030-370-X
EFFECTIVE DATE: October 11, 2003 Secretary of State Rule Log #03-039
AMENDED: June 1, 2015 Secretary of State Rule Log #15-015