HAR Chapter 113 – Electrologists

HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 113
ELECTROLOGISTS
Subchapter 1 	General Provisions
§16-113-1 	Objective
§16-113-2 	Definitions
§16-113-3 	Notification of changes
§16-113-4 	Display of license
§16-113-5 	Duplicate license
§16-113-6 	Familiarity with statutes and rules
§16-113-7 	Fees
Subchapter 2 	Qualifications for Licensure
§16-113-11 	Application
§16-113-12 	Filing deadline
§16-113-13 	Abandonment of application
§16-113-14 	Qualification requirements
§16-113-15 	Curriculum requirements for schools and apprenticeships
§16-113-16 	Electrology school standards; verification
§16-113-17 	Apprenticeship training standards; verification
§16-113-18 	Combined training standards; verification
§16-113-19 	Examination
§16-113-20 	Reexamination
§16-113-21 	Frequency
§16-113-22 	Passing Score
Subchapter 3 	License Renewals
§16-113-25 	Biennial license renewal
§16-113-26 	Restoration
113-1

§16-113-1
Subchapter 4 	Standards of Practice
§16-113-30 	Electrology standards of practice
§16-113-31 	Electrology premise standards
§16-113-32 	Electrology equipment
§16-113-33 	Electrology procedure
§16-113-34 	Advertisement
§16-113-35 	Limitations on license
Subchapter 5 	Hearings
§16-113-39 	Denial
§16-113-40 	Demand for hearing
§16-113-41 	Proceedings on demand for hearing
§16-113-42 	Administrative practice and procedure
§16-113-43 	Severability
SUBCHAPTER 1
GENERAL PROVISIONS
§16-113-1 	Objective. 	This chapter is intended to clarify and implement
chapter 448F, Hawaii Revised Statutes, to the end that the provisions thereunder
may 	best 	be 	effectuated 	and 	the 	public 	interest 	most 	effectively 	served.
[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
§16-113-2 	Definitions. 	As used in this chapter:
"Apprentice" means a person who is training to become a licensed
electrologist, and who is under supervision and direction of a licensed electrologist
at an electrology premise that is in compliance with the department of health
requirements.
"Electrologist" means any person who for compensation, removes hair from
the human body using a needle inserted in the hair follicle and uses direct electric
current or shortwave alternating current to destroy the follicle but does not include
any hair removal system that does not penetrate the skin.
"Electrology" means the practice of removing hair from the human body
using a needle inserted in the hair follicle and using direct electrical current,
shortwave alternating current or a combination to disable the follicle but does not
include any hair removal system that does not penetrate the skin.
113-2

§16-113-7
"Electrology experience" means practicing electrology without supervision.
"Electrology premise" means any establishment or place of business where
the practice of electrology is engaged or carried on and is the primary purpose of
that establishment or business.
"Electrology training" means attendance at a recognized electrology school
and/or apprenticing under supervision of a qualified electrologist. 	[Eff 1/13/94]
(Auth: 	HRS §448F-4) (Imp: 	HRS §448F-2)
§16-113-3 	Notification of changes. 	A licensed electrologist shall report
to the department the following changes within fifteen days of the changes:
(1) 	Change of personal name; and
(2) 	Change of address. 	[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp:
HRS §448F-4)
§16-113-4 	Display of license. 	The license shall be conspicuously
displayed in the place of business, and evidence of current validation shall be in
the possession of the licensee at all times of practice. [Eff 1/13/94] (Auth: HRS
§448F-4) (Imp: 	HRS §448F-4)
§16-113-5 Duplicate license. Upon written request to the department and
payment of a fee, a duplicate license may be issued. 	[Eff 1/13/94] (Auth: 	HRS
§448F-4) (Imp: 	HRS §§448F-4, 436B-15)
§16-113-6 	Familiarity with statutes and rules. 	Every licensee shall
become familiar with chapter 448F, HRS, and this chapter. 	This chapter and
chapter 448F, HRS, shall apply to all electrologists in the State of Hawaii, and all
electrologists shall at all times comply with this chapter and with all applicable
laws of the 	State, including 	chapter 321, HRS, 	and the various 	counties.
[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
§16-113-7 	Fees. 	(a) 	The fees for electrologists shall be as provided in
this section:
(1) 	Application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	$ 	50
(2) 	Examination and other examination related fees as determined by
contract between the director and a professional testing service
(3) 	Original license fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 	$ 	25
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§16-113-7
(A) 	First year of the biennium (original license fee,
plus one-half of the biennial renewal fee) 	. . . . . . 	$ 	50
(B) 	Second year of the biennium (original
license fee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	$ 	25
(4) 	Renewal fee 	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	$ 	50
(5) 	Restoration fee 	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	$ 	50
(6) 	Duplicate license fee 	. . . . . . . . . . . . . . . . . . . . . . . . . . 	$ 	15
(7) 	Compliance resolution fund:
(A) 	Compliance resolution fund fee . . . . . . . . . . . . . . 	$ 	20
(B) 	Annual compliance resolution fund fee 	. . . . . . . . 	$ 	20
(C) 	Biennial compliance resolution fund fee . . . . . . . . 	$ 	40
(b) 	The application fee is nonrefundable.
(c) 	The dishonoring of any check upon first deposit shall result in the
assessment of a penalty fee for dishonored checks. 	[Eff 1/13/94] (Auth: 	HRS
§§448F-4, 436B-15) (Imp: 	HRS 	§§448F-4, 436B-15)
SUBCHAPTER 2
QUALIFICATIONS FOR LICENSURE
§16-113-11 	Application. 	A person applying for a license to practice
electrology shall:
(1) 	File a notarized application form or forms prescribed by the
director;
(2) 	Be at least eighteen years of age;
(3) 	Provide verification of completing the requirements for licensure
pursuant to sections 16-113-14, 16-113-15, and 16-113-16 relating
to 	graduation 	from 	a 	school, 	or 	16-113-14, 	16-113-15, 	and
16-113-17 relating to apprenticeship, or 16-113-14, 16-113-15 and
16-113-18;
(4) 	Submit the appropriate fees; and
(5) 	Be subject to an examination pursuant to section 16-113-19.
[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
§16-113-12 Filing deadline. To qualify for examination an applicant shall
file a completed electrologist application with the department at least seven weeks
prior to the examination date as determined by the director. [Eff 1/13/94] (Auth:
HRS §448F-4) (Imp: 	HRS §448F-4)
113-4

§16-113-15
§16-113-13 	Abandonment of application. 	An application shall be
considered to be abandoned if all requirements, including filing of forms, required
documents and payment of fees have not been met within one year from the date
first filed. 	[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
§16-113-14 	Qualification requirements. 	A person applying for a license
to practice electrology shall:
(1) 	Be at least eighteen years of age; and
(2) 	Except as provided in paragraph (3) below, comply with the
curriculum 	requirements 	described 	in 	section 	16-113-15, 	and
evidence satisfactory completion of the curriculum by:
(A) 	Providing 	evidence 	of 	graduating 	from 	a 	recognized
electrology school pursuant to section 16-113-16; or
(B) 	Providing evidence of completing apprenticeship training
pursuant to section 16-113-17; or
(C) 	Providing 	evidence 	of 	completing 	a 	combination 	of
electrology schooling and apprenticeship training pursuant
to section 16-113-18.
(3) 	Exceptions:
(A) 	A person who was recognized by the department of health
to practice electrology prior to June 25, 1990, shall be
issued a license, subject to filing an application prescribed
by the director and paying all applicable fees.
(B) 	A person practicing electrology in this State during the
period from May 13, 1986, through the effective date of
this rule and is able to verify at least one (1) year of
experience in the practice of electrology shall be deemed to
have satisfied the apprenticeship requirements of section 16-
113-17, and shall be subject to section 16-113-11.
(C) 	A 	person 	who 	has 	electrology 	training 	but 	not 	in
compliance with the curriculum requirements of section
16-113-15, 	may 	qualify 	for 	licensure 	by 	providing
verification of at least one (1) year of experience and shall
be subject to section 16-113-11. [Eff 1/13/94] (Auth: HRS
§448F-4) (Imp: 	HRS §448F-4)
§16-113-15 	Curriculum requirements for schools and apprenticeships.
(a) Sixty minutes shall constitute one curriculum hour. Clinical training shall be
actual hours of practice and shall not include time spent waiting for clients.
113-5

§16-113-15
(b) 	The curriculum of a recognized electrology school shall consist of
a minimum of 600 hours, and shall include 200 hours of theoretical training, and
400 hours of clinical training. At least eighty (80) hours of clinical training shall
consist of practicing electrology skills in the clinical training subjects using
mannequins/models which shall be completed prior to practicing on clients.
(c) 	The 	curriculum 	of 	apprenticeship 	training 	shall 	consist 	of 	a
minimum of 800 hours over a period of not less than six (6) months, and shall
include 200 hours of theoretical training, and 600 hours of clinical training. 	At
least 120 hours of clinical training shall consist of practicing electrology skills in
the clinical training subjects using mannequins/models which shall be completed
prior to practicing on clients.
(d) 	The curriculum of a combined recognized electrology school and
apprenticeship training shall consist of a minimum of 700 hours, and shall include
200 hours of theoretical training, and 500 hours of clinical training. At least 100
hours of clinical training shall consist of practicing electrology skills in the clinical
training subjects using mannequins/models which shall be completed prior to
practicing on clients.
(e) 	The 	curriculum 	for 	a 	school, 	apprenticeship, 	and 	combined
school/apprenticeship shall include, but not be limited to, the subjects described
in "Electrology Curriculum," dated January 11, 1993, and identified as Appendix
A, 	located 	at 	the 	end 	of 	this 	chapter 	and 	made 	a 	part 	of 	this 	chapter.
[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
§16-113-16 	Electrology school standards; verification. (a) Standards for
an electrology school shall consist of:
(1) 	Accreditation by a recognized national or regional accrediting
agency, or licensure in any U. S. jurisdiction as an electrology
school;
(2) 	Administration of a clinical practical examination by the school
before graduating a student; and
(3) 	Theoretical and clinical training in accordance with the curriculum
set forth in section 16-113-15.
(b) 	Verification of graduation from a recognized electrology school
shall consist of submittal of:
(1) 	Official school transcript, photostatic copy of diploma, certificate
or 	other 	certified 	documents 	from 	a 	school 	meeting 	the
requirements of section (a) above, evidencing completion of the
required theoretical and clinical training; or
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§16-113-17
(2) 	Notarized affidavit or statement bearing the official seal of the
school or training program certifying to the applicant’s satisfactory
completion of the required theoretical and clinical training; or
(3) 	If the school is no longer in existence, the applicant may submit a
sworn notarized affidavit so stating and shall name the school, its
address, dates of enrollment and theoretical and clinical training
completed, and such other information and documents as the
department may deem necessary. 	[Eff 1/13/94] (Auth: 	HRS
§448F-4) (Imp: 	HRS §448F-4)
§16-113-17 Apprenticeship training standards; verification. (a) Standards
for apprenticeship training:
(1) 	Training of an apprentice shall be accomplished by a licensed
electrologist who has at least two years full-time experience as a
licensed electrologist;
(2) 	Theoretical and clinical training shall be in accordance with the
curriculum set forth in section 16-113-15;
(3) 	The licensed electrologist shall be responsible for the supervision
and direction of the apprentice;
(4) 	The apprenticeship training shall occur at an electrology premise
that is in compliance with the requirements of the department of
health; and
(5) 	The apprenticeship training shall comply with all applicable laws
of this State regarding employment and training.
(b) 	Verification of completing an apprenticeship training shall be
provided on a form prescribed by the director and shall contain:
(1) 	The name, license number and original date of licensure of the
licensed 	electrologist 	under 	whom 	the 	applicant 	served 	the
apprenticeship training, the street address of the business, the
number of completed hours of theoretical training, the number of
completed hours of clinical training, and a statement of assigned
duties performed by the applicant; and
(2) 	Certification by the licensed electrologist under oath that the
applicant completed a course of theoretical and clinical training
under the licensed electrologist’s supervision and direction over a
period of six months and a minimum of 800 hours. 	[Eff 1/13/94]
(Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
113-7

§16-113-18
§16-113-18 	Combined training standards; verification. 	(a) Standards of
combined electrology school and apprenticeship training shall be pursuant to
sections 16-113-16 and 16-113-17, respectively.
(b) 	Verification of combined electrology school and apprenticeship
training shall be pursuant to sections 16-113-16 and 16-113-17 respectively, and
shall consist of a minimum of 700 hours to include 200 hours of theoretical
training and 500 hours of clinical training. 	[Eff 1/13/94] (Auth: 	HRS §448F-4)
(Imp: 	HRS §448F-4)
§16-113-19 	Examination. 	A person applying for a license to practice
electrology 	shall 	achieve 	a 	passing 	score 	on 	the 	electrology 	examination
administered by the department. The department may contract with a professional
testing service to administer the examination. The examination shall be designed
to test the applicant’s theoretical and clinical knowledge at minimum entry level
in the practice of electrology. 	[Eff 1/13/94] (Auth: 	HRS §§448F-4, 448F-5)
(Imp: 	HRS §§448F-4, 448F-5)
§16-113-20 Reexamination. An applicant who fails to achieve a passing
score may repeat the examination any number of times, provided the applicant
files the appropriate forms and pays the required fees. [Eff 1/13/94] (Auth: HRS
§§448F-4, 448F-5) (Imp: 	HRS §§448F-4, 448F-5)
§16-113-21 Frequency. Examinations shall be conducted within the State
at least once a year. 	[Eff 1/13/94] (Auth: 	HRS §§448F-4, 448F-5) (Imp: 	HRS
§§448F-4, 448F-5)
§16-113-22 	Passing score. 	The passing score for the examination shall
be 75.00 points. 	[Eff 1/13/94] (Auth: 	HRS §§448F-4, 448F-5) (Imp: 	HRS
§§448F-4,448F-5)
SUBCHAPTER 3
LICENSE RENEWALS
§16-113-25 Biennial license renewal. (a) Application for biennial license
renewal, regardless of the issuance date of the license, shall be on a form provided
113-8

§16-113-31
by the department on or before December 31 of each even-numbered year and
shall be accompanied by the appropriate fees.
(b) 	A 	biennial 	renewal 	application 	transmitted 	by 	mail 	shall 	be
considered filed when due if the envelope bears a postmark of December 31 of
each even-numbered year. 	[Eff 1/13/94] (Auth: 	HRS §448F-9) (Imp: 	HRS
§448F-9)
§16-113-26 	Restoration. 	(a) Failure to timely renew a license or pay all
applicable fees shall cause the license to be automatically forfeited. 	A license
which has been forfeited may be restored within one year after the date of
forfeiture upon written application, and payment of all applicable fees including
renewal and restoration fees.
(b) 	Any person who fails to restore their electrologist license within
one year from the date of forfeiture shall be required to apply for licensure as a
new applicant and meet all licensing requirements unless the director is satisfied
that the person’s failure is due to circumstances beyond the person’s control.
[Eff 1/13/94] (Auth: 	HRS §§448F-4, 448F-9, 436B-14) (Imp: 	HRS §§448F-4,
448F-9, 436B-14)
SUBCHAPTER 4
STANDARDS OF PRACTICE
§16-113-30 Electrology standards of practice. (a) All instruments used in
electrology procedures shall be either disposed of or cleaned and then sterilized
between clients.
(b) 	A 	proper 	hygienic 	environment 	shall 	be 	maintained 	and
infection-control procedures followed to minimize the risk of transmission of
infectious diseases. 	[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
§16-113-31 	Electrology 	premise 	standards. 	The 	standards 	for 	an
electrology premise shall be in compliance with the requirements established by
the 	department 	of 	health, 	to 	include 	but 	not 	limited 	to 	sanitation, 	safety,
sterilization, 	and 	adequate 	facility 	and 	equipment 	to 	practice 	electrology.
[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
113-9

§16-113-32
§16-113-32 Electrology equipment. (a) Epilators shall be approved by the
Federal Communications Commission (FCC) and conform to Federal Food and
Drug Administration (FDA) standards.
(b) 	Epilators shall be maintained in proper working order.
(c) 	Optimum timing and intensity shall be used during treatment to
effect proper epilation.
(d) 	An electrologist shall have a professional lamp and magnification,
and professional treatment table or chair to administer treatment.
(e) 	Each patient shall have a clean towel or drape sheet.
(f) 	An electrologist shall have sterilization equipment on the premise,
to include soaking receptacle to cleanse and remove protein residue, and sterile
covered containers to hold electrology equipment.
(g) 	An electrologist shall have closed containers for clean towels or
linens, and a separate covered container for soiled materials. [Eff 1/13/94] (Auth:
HRS §448F-4) (Imp: 	HRS §448F-4)
§16-113-33 Electrology procedure. (a) The electrologist shall provide an
explanation of the electrology practice prior to treatment, to include but not
limited to:
(1) 	Treatment procedure;
(2) 	Modality to be used;
(3) 	Hair growth cycles;
(4) 	Regrowth;
(5) 	Follow-up treatment;
(6) 	Possible tissue reaction after treatment; and
(7) 	Importance of after-treatment care.
(b) 	The electrologist shall have a complete case history of each patient
to include but not limited to:
(1) 	Name, address, telephone number, and date of birth;
(2) 	Medical history and current update;
(3) 	Prior history of controlling or removing hair;
(4) 	Condition of tissue before treatment and any subsequent change;
(5) 	Pattern and structure of hair growth and significant subsequent
change;
(6) 	Date of each treatment;
(7) 	Area of treatment; and
(8) 	Duration of treatment.
(c) 	The electrologist shall ensure the following during electrology
treatments:
(1) 	Use of only approved modalities (electrolysis, thermolysis, or the
blend);
113-10

§16-113-35
(2) 	Practice in a department of health approved premise;
(3) 	Washing of hands with soap and warm water immediately before
and after treating a patient;
(4) 	Use of a clean drape between patient and electrologist wherever
body contact is made;
(5) 	Use of a sterile needle and forcep for each patient;
(6) 	Cleansing the patient’s skin area with approved antiseptic solution;
(7) 	Mucous membranes, external auditory canal of the ear, and moles
are not to be treated without written approval of a licensed
physician;
(8) 	Eyelash hairs are not to be treated;
(9) 	Treatment is limited only to areas that are not infected with a
contagious disease or skin malignancy; and
(10) 	All containers shall be distinctly and correctly labeled to disclose
their contents.
(d) 	The electrologist shall only use appropriate antiseptic applications
after treatment.
(e) 	The electrologist shall provide homecare instructions to each patient
following treatment. 	[Eff 1/13/94] (Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
§16-113-34 	Advertisement. 	(a) An electrologist shall be identified in
advertisements, brochures, and promotional material by the name indicated on the
license pocket identification card. All advertisements, brochures, and promotional
materials printed by or caused to be printed shall include the license number of
the electrologist.
(b) 	An electrologist shall not misrepresent one’s title, qualification, and
affiliation in an advertisement. [Eff 1/13/94] (Auth: HRS §448F-4) (Imp: HRS
§448F-7)
§16-113-35 	Limitations on license. 	In disciplining a licensee in a
proceeding under section 448F-7, HRS, the director may, in addition to any other
disciplinary actions authorized by law, impose one or more of the following
actions:
(1) 	Enrollment in additional educational and training courses;
(2) 	Performance of public service;
(3) 	Supervision by a licensed electrologist;
(4) 	Evaluation prior to return to practice;
(5) 	Limitation of the licensee’s practice; and
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§16-113-35
(6) 	Subject to an examination. 	[Eff 1/13/94] (Auth: 	HRS §448F-4)
(Imp: 	HRS §448F-7)
SUBCHAPTER 5
HEARINGS
§16-113-39 	Denial. 	In the event an application is denied, the director
shall notify the applicant in writing of the action, which shall include a concise
statement of the reasons and a statement informing the applicant of the right to a
hearing if so desired. [Eff 1/13/94] (Auth: HRS §436B-24) (Imp: HRS §436B-
24)
§16-113-40 Demand for hearing. Any person whose application has been
denied by the director shall be entitled to a hearing, provided that a demand for
a hearing is filed with the director within sixty days of the date of the letter
informing the applicant of the denial of the application. 	[Eff 1/13/94] (Auth:
HRS §436B-24) (Imp: 	HRS §436B-24)
§16-113-41 Proceedings on demand for hearing. If a demand for hearing
is filed within the time prescribed, the director shall order a hearing upon notice,
which shall be conducted in accordance with the provisions of chapter 91, HRS,
and chapter 16-201, HAR, relating to contested cases. [Eff 1/13/94] (Auth: HRS
§436B-24) (Imp: 	HRS §436B-24)
§16-113-42 Administrative practice and procedure. The rules of practice
and procedure for electrologists shall be as provided in chapter 16-201, the rules
of practice and procedure of the department, which are incorporated by reference
and made a part of this chapter. 	[Eff 1/13/94] (Auth: 	§§436B-24, 91-2) (Imp:
HRS §§436B-24, 91-2)
§16-113-43 	Severability. 	If any section of this chapter is declared
unconstitutional, or the applicability thereof to any person or circumstance is held
invalid, the constitutionality of the remainder of this chapter and applicability
thereof to other persons and circumstances shall not be affected. 	[Eff 1/13/94]
(Auth: 	HRS §448F-4) (Imp: 	HRS §448F-4)
113-12

The Department of Commerce and Consumer Affairs adopted Chapter
16-113, relating to electrologists on November 12, 1993, following a public
hearing held on the same date, after public notices were given in the Honolulu
Advertiser, the Kauai Times, the Maui News, the Hawaii Tribune-Herald, and the
West-Hawaii Today on October 10, 1993.
These rules shall take effect ten days after filing with the Office of the
Lieutenant Governor.
/s/ Clifford K. Higa
CLIFFORD K. HIGA
Director of Commerce and Consumer Affairs
APPROVED AS TO FORM: 	Date: 	12/13/93
/s/ James C. Paige
Deputy Attorney General
APPROVED: 	Date: 	1/3/94
/s/ John Waihee
JOHN WAIHEE
Governor of Hawaii
January 3, 1994
Filed
113-13

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Adoption of Chapter 16-113
Hawaii Administrative Rules
November 12, 1993
SUMMARY
Chapter 16-113, Hawaii Administrative Rules, entitled "Electrologist" is
adopted.
Effective 1/13/94