TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 314
ELECTROLOGISTS

Section 314:1

    314:1 Definitions. –
In this chapter:
I. [Repealed.]
II. [Repealed.]
III. "Electrologist" means any person who engages in electrology for compensation, except the following persons:
(a) A physician licensed to practice medicine in this state who performs electrology in such practice.
(b) A person who engages on behalf of a manufacturer or distributor solely in demonstrating the use of any machine or other article for the purpose of sale, without charge to the person who is the subject of such demonstration.
IV. "Electrology" or "electrolysis" means the process by which hair is removed from the normal skin by the application of an electronic current to the hair root by means of a needle or needles, whether the process employs direct electric current or shortwave alternating electric current.
IV-a. "Executive director" means the executive director of the office of professional licensure and certification.
V. "Office" means the place of business kept open solely for the business of electrology, or where equipment and facilities for the practice of electrology for compensation are available, as may be authorized by the executive director.

Source. 1994, 202:2. 1995, 310:154, 175. 2012, 171:15, eff. Aug. 10, 2012. 2015, 276:89; 276:108, XVIII, eff. July 1, 2015. 2017, 144:10, eff. Aug. 15, 2017.

Section 314:2

    314:2 Powers and Duties of the Executive Director. –
The powers and duties of the executive director shall include:
I. Licensure of individuals to practice electrology, in accordance with RSA 314:3.
II. Renewal of licenses, in accordance with RSA 314:5.
III. Denial, suspension or revocation of licenses, in accordance with RSA 314:6.
IV. The conduct of hearings relative to administrative fines and the denial, suspension or revocation of licenses.
V. Conducting investigations in accordance with RSA 314:9.
VI. Adopting rules, in accordance with RSA 314:8.
VII. Assessing administrative fines, in accordance with RSA 314:13.

Source. 1994, 202:2. 1995, 310:183. 2005, 262:1. 2009, 25:1, eff. July 7, 2009. 2015, 276:90, eff. July 1, 2015.

Section 314:2-a

    314:2-a Electrology Advisory Committee. – The executive director 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 advise the executive director regarding the implementation of this chapter.

Source. 2005, 262:2. 2009, 25:2, eff. July 7, 2009. 2015, 276:90, eff. July 1, 2015. 2021, 197:49, eff. July 1, 2021. 2022, 23:1, eff. June 17, 2022.

Section 314:3

    314:3 Licensure. –
I. It shall be unlawful for any person to practice electrology in this state without first obtaining a license, unless such person is exempt under RSA 314:1, III.
II. Except as provided in RSA 314:7, licenses issued by the executive director shall be valid for a 2-year period.
III. Licenses shall be issued to any person:
(a) Upon application on a form prescribed by the executive director;
(b) Upon payment of fees required under RSA 314:10;
(c) Who is a high school graduate and has had training of at least 1,100 hours in a school of electrology approved by the executive director;
(d) Who satisfies any other condition for licensure, including passing a competency examination, pursuant to rules adopted under RSA 314:8, III; and
(e) Who demonstrates good professional character.
IV. The executive director may grant a license to an individual who has been registered or licensed as an electrologist under the laws of another state which, in the opinion of the executive director, maintains standards substantially equivalent to those of this state. Such licensure shall not preclude completion of an application and payment of appropriate fees.
V. In the case of loss, mutilation or destruction of a license, the executive director shall issue a duplicate license upon proof of facts and payment of a fee in accordance with RSA 314:10, I.

Source. 1994, 202:2. 1995, 310:183, eff. Nov. 1, 1995. 2015, 276:90, eff. July 1, 2015.

Section 314:4

    314:4 Display of License. – Any person who has been issued a license under this chapter shall conspicuously display such license in the office or offices identified on the license.

Source. 1994, 202:2, eff. Jan. 1, 1995.

Section 314:5

    314:5 Renewal of License; Reinstatement; Continuing Education Requirement. – Licenses issued under this chapter shall be subject to renewal every 2 years and shall lapse unless renewed or reinstated in accordance with rules adopted by the executive director 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.

Source. 1994, 202:2. 1995, 310:183. 1998, 279:1. 2005, 262:3, eff. July 1, 2005. 2015, 276:90, eff. July 1, 2015.

Section 314:6

    314:6 Denial, Suspension, or Revocation of License. –
The executive director may deny, suspend or revoke a license if it is determined after hearing that such applicant or licensee:
I. Has made a materially false statement or concealed a material fact in connection with application for licensure.
II. Has had a license issued under this chapter revoked or suspended previously.
III. Has been found guilty of fraud or fraudulent practices, or has used dishonest or misleading advertising.
IV. Has practiced electrology in an office or offices other than as stated on the license, or has not maintained the office or offices according to rules adopted under RSA 314:8, VIII.
V. Has violated ethical or professional standards for the practice of electrology, as provided for in rules adopted under RSA 314:8, VII.
VI. Has failed to comply with any other provision of this chapter or any rules adopted by the executive director.

Source. 1994, 202:2. 1995, 310:183, eff. Nov. 1, 1995. 2015, 276:90, eff. July 1, 2015.

Section 314:7

    314:7 Administrative Hearings; Judicial Review. –
I. No license to practice electrology shall be denied, suspended or revoked, or a fine levied, until after a hearing before the executive director, which shall be held in accordance with RSA 541-A, and upon written notice to the applicant or licensee.
II. The executive director shall grant a hearing to an applicant or licensee upon receipt of a request for a hearing made within 30 days after receipt of an order of denial, revocation, suspension or fine by the applicant or licensee.
III. If the applicant or licensee fails to request a hearing within 30 days of receipt of the order of the executive director, the order shall become final.
IV. The executive director shall have the power to require the attendance of witnesses and issue subpoenas duces tecum in the conduct of such hearing.
V. If a license is denied, revoked or suspended, no such license shall be issued to such applicant or former licensee for at least 6 months, except in the discretion of the executive director.
VI. The executive director shall have the power to subpoena any person in this state, or document, record or other relevant evidence.
VII. Rehearings and appeals of an order of the executive director to deny, suspend or revoke a license or impose a fine shall be made under RSA 541.

Source. 1994, 202:2. 1995, 310:183, eff. Nov. 1, 1995. 2015, 276:90, eff. July 1, 2015.

Section 314:8

    314:8 Rulemaking. –
The executive director shall adopt rules, pursuant to RSA 541-A, relative to:
I. The license application form and content, and the license application procedures.
II. The qualifications of applicants for licensure under RSA 314:3.
III. The content and conduct of written and practical competency examinations.
IV. The application form, content and procedure for a renewal or reinstatement of a license to practice electrology, in accordance with RSA 314:5.
V. Reciprocity.
VI. A schedule of fees, in accordance with RSA 314:10.
VII. Ethical and professional standards required to be met by licensees.
VIII. Offices, including structures, equipment, and sanitation including required testing.
IX. The conduct of investigations, in accordance with RSA 314:9.
X. A schedule of administrative fines pursuant to RSA 314:13 for the violation of the provisions of this chapter or rules adopted pursuant to this chapter.
XI. Procedures for notice and hearing prior to denial, suspension or revocation of a license, and the imposition of administrative fines.
XII. Procedures for the handling of complaints.
XIII. Procedures for the approval or denial of an application.
XIV. Procedures for suspension or revocation of a license.
XV. Procedures for appeal of decisions of the executive director made pursuant to the provisions of this subdivision and rules adopted pursuant to this subdivision.
XVI. Approval of schools of electrology, to include curriculum, equipment, and instructor qualifications.
XVII. The appointment, qualifications, responsibilities, and requirements of the electrology advisory committee.
XVIII. Office inspections for licensees.
XIX. Waivers of applicable rules.
XX. Training requirements for the use of intense pulsed light hair removal.

Source. 1994, 202:2. 1995, 310:183. 2005, 262:4. 2009, 25:3. 2012, 171:16, eff. Aug. 10, 2012. 2015, 276:90, eff. July 1, 2015. 2017, 144:9, eff. Aug. 15, 2017. 2019, 75:1, eff. Aug. 17, 2019.

Section 314:9

    314:9 Investigations. – The executive director may investigate any complaints raised with regard to any individual licensed under this chapter.

Source. 1994, 202:2. 1995, 310:183. 2005, 262:5. 2009, 25:4, eff. July 7, 2009. 2015, 276:90, eff. July 1, 2015.

Section 314:10

    314:10 Fees. –
I. The executive director shall establish by rule a schedule of fees for initial and renewal licenses, applications, examinations, and license replacement.
II. Fees collected shall be appropriated to the office of professional licensure and certification and used to carry out the provisions of this chapter.

Source. 1994, 202:2. 1995, 310:175, 183. 2014, 167:12, eff. July 1, 2014. 2015, 276:90, eff. July 1, 2015. 2017, 144:11, eff. Aug. 15, 2017. 2022, 314:6, eff. July 1, 2022.

Section 314:11

    314:11 Deceptive Advertising. – No individual licensed to practice electrology or any other individual shall use or cause to be used or promote the use of any advertising matter, promotional literature, testimonial, guarantee, or other representation, however disseminated or published, which is misleading, deceptive, or untruthful about the practice of electrology or the licensure status of an individual practicing electrology.

Source. 1994, 202:2, eff. Jan. 1, 1995.

Section 314:12

    314:12 Penalty. – Any person who violates the provisions of this chapter or rules adopted pursuant to this chapter shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.

Source. 1994, 202:2, eff. Jan. 1, 1995.

Section 314:13

    314:13 Administrative Fines. –
I. The executive director, after notice and hearing, pursuant to RSA 314:7 and rules adopted under RSA 314:8, X, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted pursuant to this chapter.
II. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter.
III. The executive director shall adopt rules in accordance with RSA 314:8, X, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation.
IV. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.

Source. 1994, 202:2. 1995, 310:183, eff. Nov. 1, 1995. 2015, 276:90, eff. July 1, 2015.

Section 314:14

    314:14 Injunction. – A civil action may be instituted in superior court on behalf of the department for injunctive relief to prevent the violation of the provisions of this chapter or rules adopted pursuant to this chapter. The court may proceed in the action in a summary manner or otherwise, and may enjoin in all such cases any person in violation of any provisions of this chapter or rules adopted pursuant to this chapter.

Source. 1994, 202:2. 1995, 310:175, eff. Nov. 1, 1995.