HB168 (2005) Detail

(New Title) relative to the licensure of electrologists and establishing an electrology advisory committee, and relative to the definition of tanning device operator.


CHAPTER 262

HB 168 – FINAL VERSION

9Feb2005… 0042h

06/02/05 1780s

29Jun2005… 2099cofc

2005 SESSION

05-0242

10/09

HOUSE BILL 168

AN ACT relative to the licensure of electrologists and establishing an electrology advisory committee, and relative to the definition of tanning device operator.

SPONSORS: Rep. Pilliod, Belk 5

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill makes various changes to the regulation of electrologists by the commissioner of health and human services and establishes the electrology advisory committee.

This bill also reduces the permissible age of a tanning device operator from 18 years to 16 years.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Feb2005… 0042h

06/02/05 1780s

29Jun2005… 2099cofc

05-0242

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the licensure of electrologists and establishing an electrology advisory committee, and relative to the definition of tanning device operator.

Be it Enacted by the Senate and House of Representatives in General Court convened:

262:1 Powers of the Commissioner; Inspections. Amend RSA 314:2, V to read as follows:

V. Conducting [inspections and] investigations and directing inspections of each office identified by a licensee, in accordance with RSA 314:9.

262:2 New Section; Electrologists; Electrology Advisory Committee. Amend RSA 314 by inserting after section 2 the following new section:

314:2-a Electrology Advisory Committee. The commissioner shall establish the electrology advisory committee. The committee shall consist of 3 electrologists who are licensees in the state of New Hampshire. The members shall be appointed for 3 years, with initial terms staggered so that the term of one member expires each year, and shall hold office until successors are appointed. In no event shall a member serve more than 3 consecutive terms. The committee shall:

I. Conduct license competency examinations consisting of practical demonstrations.

II. Determine applicant performance on the competency examination.

III. Conduct an inspection of each electrolysis office identified by a licensee at least once during each license period, to assure compliance with this chapter and rules adopted under this chapter. Inspections shall be conducted in accordance with rules adopted under RSA 314:8, IX.

IV. Advise the commissioner regarding the implementation of this chapter.

V. Receive compensation for travel expenses for committee meetings and office inspections. The committee shall also receive compensation for each office inspection conducted.

262:3 Renewal of Licenses; Reference Added. Amend RSA 314:5 to read as follows:

314:5 Renewal of License; Reinstatement; Continuing Education Requirement. Licenses issued under this chapter shall be subject to renewal every 2 years and shall [expire] lapse unless renewed or reinstated in accordance with rules adopted by the commissioner under RSA 314:8, IV, and upon payment of any fees required under RSA 314:10. Applicants for renewal shall also be required to complete 10 hours of continuing education related to the practice of electrology during the prior 2 years; provided that 5 hours of such continuing education shall be in didactic, live courses.

262:4 Rulemaking; Lapsed Licenses. Amend RSA 314:8, IV to read as follows:

IV. The application form, content and procedure for a renewal or reinstatement of a license to practice electrology, in accordance with RSA 314:5.

262:5 Inspections; Advisory Committee. Amend RSA 314:9, I to read as follows:

I. To protect the health and safety of the public, the commissioner or the electrology advisory committee shall perform an inspection, to assure compliance with this chapter and rules adopted under RSA 314:8, VIII, of each office identified by a licensee at least once during each licensee period. Inspections shall be conducted in accordance with rules adopted under RSA 314:8, IX.

262:6 Tanning Device Operator; Definition Change. Amend RSA 313-A:1, XI-a to read as follows:

XI-a. “Operator” means a person age 18 or older who has received training through a program approved by the board in the safe operation of tanning devices, operates the tanning device, controls the length of the exposure to UV light, and instructs the consumer in the proper use of the device. A person age 16 or older who, prior to January 1, 2005, has been certified by a program that was subsequently approved by the board shall be an operator under this paragraph.

262:7 Effective Date. This act shall take effect July 1, 2005.

(Approved: July 22, 2005)

(Effective Date: July 1, 2005)