Chapter 86B - Article 3

Article 3.

Electrolysis.

§ 86B-50. Purpose.

The purpose of this Article is to ensure minimum standards of competency, to protect the public from misrepresentation of status by persons who hold themselves out to be "licensed electrologists" or "licensed laser hair practitioners" and to provide the public with safe care by the mandatory licensing of electrologists and laser hair practitioners. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 2007-489, s. 1; recodified from N.C. Gen. Stat. 88A-2 by 2022-72, s. 1(ii); 2022-72, s. 2.)

§ 86B-51. Definitions.

As used in this Chapter, unless the context requires otherwise:

(1) Board. - The North Carolina Board of Barbers and Electrolysis Examiners.

(2) Electrologist or electrolocist. - A person who engages in the practice of electrolysis for permanent hair removal.

(3) Electrology. - The art and practice relating to the removal of hair from the normal skin of the human body by application of an electric current to the hair papilla by means of a needle or needles so as to cause growth inactivity of the hair papilla and thus permanently remove the hair.

(4) Electrolysis. - The permanent removal of hair by the application of an electrical current to the dermal papilla by a filament to cause decomposition, coagulation, or dehydration within the hair follicle as approved by the Food and Drug Administration of the United States Government.

(5) Laser hair practitioner. - A person who engages in laser, light source, or pulsed-light treatments for the removal of hair.

(6) Laser, light source, or pulsed-light devices. - A device used exclusively in the nonablative procedure for the removal of hair.

(7) Laser, light source, or pulsed-light treatments. - The use of laser or pulsed-light devices for nonablative procedures for the removal of hair. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 2007-489, s. 2; recodified from N.C. Gen. Stat. 88A-3 by 2022-72, s. 1(jj); 2022-72, s. 2.)

§ 86B-52. Unlawful practice.

(a) It shall be unlawful to engage in the practice of electrolysis or laser, light source, or pulsed-light treatments in this State without a license.

(b) Any person practicing electrology or laser, light source, or pulsed-light treatments for the purpose of hair removal or hair reduction in this State without being licensed by the Board shall be guilty of a Class I felony and may be assessed a civil penalty of up to five thousand dollars ($5,000) for each offense. Any other violation of this Article shall be a Class 2 misdemeanor. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 1991 (Reg. Sess., 1992), c. 1003, s. 2; 1993, c. 530, s. 3; c. 539, s. 609; 1994, Ex. Sess., c. 24, s. 14(c); 2007-489, s. 3; recodified from N.C. Gen. Stat. 88A-4 by 2022-72, s. 1(kk); 2022-72, s. 2.)

§ 86B-53. Requirements for licensure as an electrologist.

(a) Any person who desires to be licensed as an "electrologist" pursuant to this Chapter shall:

(1) Submit an application on a form approved by the Board.

(2) Be a resident of North Carolina.

(3) Be 21 years of age or older.

(4) Meet the requirements of subsection (b) of this section.

(5) Pass an examination given by the Board.

(6) Submit the application and examination fees required in G.S. 86B-70.

(b) An applicant for licensure under this section shall provide one of the following:

(1) Proof of graduation from a school certified by the Board pursuant to G.S. 86B-67.

(2) Proof satisfactory to the Board that, for at least one year prior to the date of application or the date of initial residence in this State, whichever is earlier, the applicant was engaged in the practice of electrology in a state that does not license electrologists.

Subdivision (2) of this subsection applies only to applicants whose residence in this State began on or after January 31, 1994, who do not meet the qualifications of subdivision (1) of this subsection or G.S. 86B-57.

(c) At least twice each year, the Board shall give an examination to applicants for licensure to determine the applicants' knowledge of the basic and clinical sciences relating to the theory and practice of electrology. The Board shall give applicants notice of the date, time, and place of the examination at least 60 days in advance.

(d) When the Board determines that an applicant has met all the requirements for licensure, and has submitted the initial license fee required in G.S. 86B-70, the Board shall issue a license to the applicant.

(e) An applicant otherwise qualified for licensure who is not a resident of this State may nevertheless submit a statement of intent to begin practicing electrology in this State and receive a license. The applicant must provide to the Board within six months of receiving a license evidence satisfactory to the Board that the applicant has actually begun to practice electrology in this State. The Board may revoke the license of an applicant who fails to submit this proof or whose proof fails to satisfy the Board. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 1993 (Reg. Sess., 1994), c. 755, s. 1; 2001-176, s. 2; 2007-489, s. 5; recodified from N.C. Gen. Stat. 88A-10 by 2022-72, s. 1(pp); 2022-72, s. 2.)

§ 86B-54. Temporary license.

The Board may issue a temporary license to practice electrology to an applicant who meets the requirements of G.S. 86B-53(a)(1)-(4). A temporary license may not be valid for more than six months and may be renewed not more than once. The Board may by rule provide for a shorter duration and may prohibit any renewal of a temporary license. The Board shall adopt rules setting the criteria for any renewals. The Board may by rule require that holders of a temporary license practice under supervision and may specify criteria for supervision in its rules, including the setting, amounts of supervision, and qualifications of supervisors. (1993 (Reg. Sess., 1994), c. 755, s. 2; recodified from N.C. Gen. Stat. 88A-10.1 by 2022-72, s. 1(qq); 2022-72, s. 2.)

§ 86B-55. Licensure without examination.

The Board may issue a license to practice electrology, without examination, to an applicant who is certified or licensed in good standing to practice electrolysis in another state, provided that the other state's educational hours of instruction are equal to or greater than the hours required in this State. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 1991 (Reg. Sess., 1992), c. 1003, s. 1; 1993, c. 530, s. 4; recodified from N.C. Gen. Stat. 88A-11 by 2022-72, s. 1(rr); 2022-72, s. 2.)

§ 86B-56. Requirements for licensure as a laser hair practitioner; limitations on licensed laser hair practitioners.

(a) Any person seeking licensure by the Board as a laser hair practitioner shall have met the following requirements at the time the license is requested:

(1) Be an electrologist licensed under this Chapter.

(2) Completed a minimum 30-hour laser, light source, or pulsed-light treatment certification course approved by the Board and in accordance with rules adopted by the Board.

(3) Be currently using or anticipate using laser, light source, or pulsed-light devices that the person has been certified by a Board-approved school to operate.

(b) When the Board determines that an applicant has met all the requirements for licensure, and has submitted the initial license fee required in G.S. 86B-70, the Board shall issue a license to the applicant.

(c) Each laser hair practitioner shall practice laser, light source, or pulsed-light treatments under the supervision of a physician licensed under Article 1 of Chapter 90 of the General Statutes. The physician shall be readily available, but not required to be on site when the laser, light source, or pulsed-light treatments are being performed. However, the authority to regulate laser clinicians shall remain with the Board.

(d) A laser hair practitioner shall not dispense or administer medication or provide advice regarding the use of medication, whether prescription or over-the-counter, in connection with laser, light source, or pulsed-light treatments.

(e) All laser hair practitioners shall use laser, light source, or pulsed-light devices approved by the federal Food and Drug Administration and comply with all applicable federal and State regulations, rules, and laws. Any licensed laser hair practitioner violating this subsection shall have his or her license revoked by the Board.

(f) Only a licensed physician may use laser, light source, or pulsed-light devices for ablative procedures. (2007-489, s. 6; recodified from N.C. Gen. Stat. 88A-11.1 by 2022-72, s. 1(ss); 2022-72, s. 2.)

§ 86B-57. License renewal.

(a) Every electrologist license or laser hair practitioner license issued pursuant to this Chapter must be renewed annually. On or before the date the current license expires, a person who desires to continue to practice electrology or as a laser hair practitioner shall apply for license renewal to the Board on forms approved by the Board, provide evidence of the successful completion of a continuing educational program approved by the Board, meet the criteria for renewal established by the Board, and pay the required fee. The Board may provide for the late renewal of licensure upon payment of a late fee as set by the Board, but late renewal may not be granted more than 90 days after expiration of the license.

(b) Any person who has failed to renew his or her license for more than 90 days after expiration may have it reinstated by applying to the Board for reinstatement on a form approved by the Board, furnishing a statement of the reason for failure to apply for renewal prior to the deadline, and paying the required fee. The Board may require evidence of competency to resume practice before reinstating the applicant's license. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 1993 (Reg. Sess., 1994), c. 755, s. 3; 2007-489, s. 7; recodified from N.C. Gen. Stat. 88A-12 by 2022-72, s. 1(tt).)

§ 86B-58. Continuing education.

(a) The Board shall determine the number of hours and subject matter of continuing education required as a condition of license renewal. The Board may offer continuing education to the licensees under this act.

(b) Upon request, the Board may grant approval to a continuing education program or course upon finding that the program or course offers an educational experience designed to enhance the practice of electrology.

(c) The Board shall maintain and distribute, as appropriate, records of the educational course work successfully completed by each licensee, including the subject matter and the number of hours of each course.

(d) Laser hair practitioners are required to complete a minimum of 10 hours of continuing education annually to maintain their licenses pursuant to rules adopted by the Board. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 2007-489, s. 8; recodified from N.C. Gen. Stat. 88A-13 by 2022-72, s. 1(uu).)

§ 86B-59. Inactive list.

Upon request by a licensee for inactive status, the Board shall place the licensee's name on the inactive list. While on the inactive list, the person shall not be subjected to renewal requirements and shall not practice electrology in North Carolina. When that person desires to be removed from the inactive list and returned to an active list, a reactivation application shall be submitted to the Board on a form furnished by the Board and the fee shall be paid for license reactivation. The Board may require evidence of competency to resume practice before returning the applicant to the active status. Any person whose license has lapsed or expired for a period of five years or more shall be required to take and pass the examination for licensure before the license can be reactivated. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 2001-176, s. 3; recodified from N.C. Gen. Stat. 88A-14 by 2022-72, s. 1(vv).)

§ 86B-60. Exemptions from licensure.

The following individuals shall be permitted to practice electrology without a license:

(1) Any physician licensed in accordance with Article 1 and Article 11 of Chapter 90 of the General Statutes.

(2) A student at an approved school of electrology when electrolysis is performed in the course of study.

(3) A person demonstrating on behalf of a manufacturer or distributor any electrolysis equipment or supplies, if such demonstration is performed without charge.

(4) An employee of a hospital licensed under Chapter 131E of the General Statutes and working under the supervision of a physician licensed under Article 1 of Chapter 90 of the General Statutes who is certified by the American Board of Dermatology. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 1993 (Reg. Sess., 1994), c. 755, s. 4; recodified from N.C. Gen. Stat. 88A-15 by 2022-72, s. 1(ww).)

§ 86B-61. Persons and practices not affected.

The requirements of this Article shall not apply to any person licensed or approved by the North Carolina Medical Board to practice medicine or perform medical acts, tasks, or functions pursuant to Article 1 of Chapter 90 of the General Statutes or any person employed and working under the direct supervision of a physician licensed to practice medicine pursuant to Article 1 of Chapter 90 of the General Statutes. (2007-489, s. 9; recodified from N.C. Gen. Stat. 88A-15.1 by 2022-72, s. 1(xx); 2022-72, s. 2.)

§ 86B-62. Permanent establishment required.

(a) Electrolysis shall be practiced by a licensed person only in a permanent establishment, hereafter referred to as an office. The Board may adopt reasonable rules and regulations concerning the sanitation standards, equipment, and supplies to be used and observed in offices. Offices shall be subject to periodic inspection at any time during business hours by members of the Board or its agents or assistants.

(b) Every electrologist shall notify the Board in writing 30 business days prior to, but no later than 10 business days after, any change of address or opening of a new office.

(d) Every electrologist may make calls outside the office. The Board shall adopt rules and regulations concerning the equipment and instruments to be used by an electrologist when treating patients outside the office. (1989 (Reg. Sess., 1990), c. 1033, s. 1; recodified from N.C. Gen. Stat. 88A-16 by 2022-72, s. 1(yy).)

§ 86B-63. Requirements for certification as an electrology instructor.

(a) Any person who desires to be certified as an "electrology instructor" pursuant to this Chapter shall meet all of the following requirements:

(1) Submit an application on a form approved by the Board.

(2) Be a licensed electrologist.

(3) Have practiced electrology actively for at least five years immediately before the application.

(4) Pass a written examination given by the Board.

(b) At least twice each year, the Board shall give an examination to applicants for certification as an electrology instructor. The examination shall consist of written and verbal sections testing the applicants' knowledge of the basic and clinical sciences relating to the theory and practice of electrology. The Board shall give applicants notice of the date, time, and place of the examination at least 60 days in advance.

(c) When the Board determines that an applicant has met all the qualifications for certification as an electrology instructor, and has submitted the required fee, the Board shall issue an instructor's certificate to the applicant. (1989 (Reg. Sess., 1990), c. 1033, s. 1; recodified from N.C. Gen. Stat. 88A-17 by 2022-72, s. 1(zz); 2022-72, s. 2.)

§ 86B-64. Requirements for licensure as a laser hair practitioner instructor.

(a) Any person who desires licensure as a laser practitioner instructor pursuant to this Chapter shall meet the following requirements:

(1) Submit an application on a form approved by the Board.

(2) Be an electrologist licensed under this Chapter or a physician licensed under Article 1 of Chapter 90 of the General Statutes.

(3) Have practiced laser and light-based treatments actively for at least five years immediately before applying for licensure.

(4) Have at least 100 hours of training in laser and light-based treatments.

(b) When the Board determines that an applicant has met all qualifications for licensure as a laser hair practitioner instructor and has submitted the required fee, the Board shall issue an instructor's license to the applicant. (2007-489, s. 9; recodifed from N.C. Gen. Stat. 88A-17.1 by 2022-72, s. 1(aaa).)

§ 86B-65. Electrology apprenticeship program.

(a) Notwithstanding the requirements of G.S. 86B-53, the Board shall issue a license as an electrologist to any individual who meets all of the following requirements:

(1) Completes a Board-approved electrology apprenticeship program consisting of 625 hours.

(2) Visits two electrologist offices that are not the same office as the instructor of the program.

(3) Successfully passes a clinical examination conducted by the Board.

(b) The Board shall not approve an electrology apprenticeship program until the Board has conducted an inspection of the facility where the program will be offered.

(c) An application for a student permit must be filed with the Board before the student enrolls in school. The application shall be on a form prescribed by the Board. No student may enroll without having obtained a student permit prior to enrollment.

(d) Instructors in the electrology apprenticeship program shall meet all of the following requirements:

(1) Be licensed as an electrologist in this State.

(2) Have more than five continuous years of experience as an electrologist.

(3) Obtain at least one hour of Board-approved continuing education.

(4) Successfully pass a written exam designated by the Board. The Board may charge the applicant the actual cost of preparing and administering the examination under this section.

(e) The Board shall adopt rules for the electrology apprenticeship program, including curriculum specifications, authorized textbooks, facility and equipment requirements, reporting and record-keeping requirements, assessment of students' progress in the program, school agreements, and qualifications of instructors, consistent with this section. (2022-72, s. 2.)

§ 86B-66. Renewal of instructor's license.

An electrology or laser hair practitioner instructor's license shall be renewed annually. On or before the date the current license expires, the applicant must submit an application for renewal of licensure on a form approved by the Board, meet criteria for renewal established by the Board, and pay the required fee. Any person whose instructor's license has expired for a period of three years or more shall be required to take and pass the instructor's examination before the license can be renewed. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 2007-489, s. 10; recodified from N.C. Gen. Stat. 88A-18 by 2022-72, s. 1(bbb).)

§ 86B-67. Requirements for certification as a Board approved school of electrology.

(a) Any school in this State or another state that desires to be certified as a Board approved school of electrology shall do all of the following:

(1) Submit an application on a form approved by the Board.

(2) Submit a detailed projected floor plan of the institutional area demonstrating adequate school facilities to accommodate students for purposes of lectures, classroom instruction, and practical demonstration.

(3) Submit a detailed list of the equipment to be used by the students in the practical course of their studies.

(4) Submit a copy of the planned electrology curriculum consisting of the number of hours and subject matter determined by the Board, provided that the number of hours required shall not be less than 120 hours and not more than 600 hours.

(5) Submit a certified copy of the school manual of instruction.

(6) Submit the names and qualifications of the instructors certified in accordance with G.S. 86B-63.

(7) Submit any additional information the Board may require.

(b) When the Board determines that an applicant has met all the qualifications for certification as a Board approved school of electrology, and has submitted the required fee, the Board shall issue a certificate to the applicant.

(c) A school's certification is only valid for the location named in the application. When a school desires to change locations, an application shall be submitted to the Board on a form furnished by the Board and the fee shall be paid for certificate renewal.

(d) A school's certification is not transferrable. Schools must immediately notify the Board in writing of any sale, transfer, or change in ownership or management.

(e) Every school shall display its certification in a manner prescribed by the Board.

(f) All epilators used in the school must be approved by the Food and Drug Administration of the United States Government. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 1993 (Reg. Sess., 1994), c. 755, s. 5; recodified from N.C. Gen. Stat. 88A-19 by 2022-72, s. 1(ccc); 2022-72, s. 2.)

§ 86B-68. Requirements for certification as a Board-approved school of laser, light source, or pulsed-light treatments.

(a) Any school in this State or another state that desires to be certified as a Board-approved school of laser, light source, or pulsed-light treatments shall do all of the following:

(1) Submit an application on a form approved by the Board.

(3) Submit a detailed list of the equipment to be used by the students in the practical course of their studies.

(4) Submit a copy of the planned laser, light source, or pulsed-light curriculum consisting of the number of hours and subject matter determined by the Board, provided that the number of hours required shall not be less than 30 hours pursuant to rules adopted by the Board.

(5) Submit a certified copy of the school manual of instruction.

(6) Submit the names and qualifications of the instructors certified.

(7) Submit any additional information the Board may require.

(b) When the Board determines that an applicant has met all the qualifications for certification as a Board-approved school of laser, light source, or pulsed-light treatments and has submitted the required fee, the Board shall issue a certificate to the applicant.

(c) A school's certification is only valid for the location named in the application. When a school desires to change locations, an application shall be submitted to the Board on a form furnished by the Board, and the fee shall be paid for certificate renewal.

(d) A school's certification is not transferable. Schools shall immediately notify the Board in writing of any sale, transfer, or change in ownership or management.

(e) Every school shall display its certification in a manner prescribed by the Board.

(f) All laser, light source, or pulsed-light devices used in the school shall be approved by the federal Food and Drug Administration. (2007-489, s. 11; recodified from N.C. Gen. Stat. 88A-19.1 by 2022-72, s. 1(ddd); 2022-72, s. 2.)

§ 86B-69. Certification renewal.

Every certificate issued pursuant to G.S. 86B-67 or G.S. 86B-68 shall be renewed annually. On or before the date the current certificate expires, the applicant must submit an application for renewal of certification on a form approved by the Board, meet criteria for renewal established by the Board, and pay the required fee. Failure to renew the certificate within 90 days after the expiration date shall result in automatic forfeiture of any certification issued pursuant to this Chapter. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 2007-489, s. 12; recodified from N.C. Gen. Stat. 88A-20 by 2022-72, s. 1(eee); 2022-72, s. 2.)

§ 86B-70. Fees.

All fees may be calculated by the Board in amounts sufficient to pay the costs of administration of this act, but in no event may they exceed the following:

(1) Application for licensure as an electrologist .......................................... $150.00

(2) Initial license ............................................................................................ 125.00

(3) Examination or reexamination ................................................................. 150.00

(4) Licensure of electrology renewal ............................................................. 150.00

(5) Application for licensure as an electrology instructor ............................. 150.00

(6) Licensure of electrology instructor renewal ............................................ 150.00

(7) Application for certification as a Board-approved school of

electrology ............................................................................................ 500.00

(8) Application for licensure as laser hair practitioner .................................. 150.00

(9) Licensure of laser hair practitioner renewal ............................................. 150.00

(10) Application for licensure as laser hair practitioner instructor .................. 150.00

(11) Licensure of laser hair practitioner instructor renewal ............................. 150.00

(12) Application for certification as a Board-approved school of

laser, light source, or pulsed-light treatments ....................................... 500.00

(13) Certificate of Board-approved school of laser, light source,

or pulsed-light renewal ......................................................................... 400.00

(14) Certificate of Board-approved school of

electrology renewal .............................................................................. 250.00

(15) Certification of out-of-state schools ........................................................ 150.00

(16) Certification of out-of-state schools renewal .......................................... 100.00

(17) Office inspection or reinspection ............................................................ 100.00

(18) License by reciprocity ............................................................................. 150.00

(19) Late renewal charge ................................................................................ 125.00

(20) Reinstatement of expired license or certification .................................... 250.00

(21) Reactivation of license ............................................................................ 200.00

(22) Duplicate license or certification ........................................................... 25.00. (1989 (Reg. Sess., 1990), c. 1033, s. 1; 2001-176, s. 1; 2007-489, s. 4; recodified from N.C. Gen. Stat. 88A-9(b) by 2022-72, s. 1(fff); 2022-72, s. 2.)