CHAPTER 388*

ELECTROLOGISTS

*See Sec. 19a-88b re renewal of certain professional and occupational licenses, certificates, permits or registrations which become void while the holder is on active duty in the armed forces of the United States.

Cited. 207 C. 674; 242 C. 1.

Table of Contents

Sec. 20-267. Definitions.

Sec. 20-268. Board of examiners.

Sec. 20-269. Powers and duties of board. Assistance to be rendered by Department of Public Health.

Sec. 20-270. Licenses; examinations; disciplinary action; grounds.

Sec. 20-271. Disciplinary action; grounds.

Sec. 20-272. Hearing and procedure in disciplinary action.

Sec. 20-273. Appeal.

Sec. 20-274. Restoration of right to practice.

Sec. 20-275. Renewal of licenses. Continuing education requirements.

Sec. 20-276. Display of license and certificate. Use of titles.

Sec. 20-277. Scope of chapter.

Sec. 20-278. Prohibited acts.

Sec. 20-278a. Operation of offices; prohibitions.


Sec. 20-267. Definitions. As used in this chapter:

(1) “The practice of electrology” means the permanent removal of superfluous hair by electrical or other methods approved by the Commissioner of Public Health;

(2) “Board” means the Board of Examiners of Electrologists; and

(3) “Department” means the Department of Public Health.

(1951, S. 2316d; 1963, P.A. 330, S. 1; P.A. 77-614, S. 323, 453, 610; P.A. 80-484, S. 122, 176; P.A. 82-472, S. 85, 183; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 01-109, S. 4.)

History: 1963 act redefined hypertrichology, stipulating hair removal be permanent; P.A. 77-614 replaced department of health with department of health services and required approval of hypertrichology methods by commissioner of health services rather than by board of examiners of hypertrichologists, effective January 1, 1979; P.A. 80-484 made no change; P.A. 82-472 divided section into Subdivs. and rephrased provisions but made no substantive change; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 01-109 changed “hypertrichology” to “electrology” in Subdiv. (1) and “Hypertrichologists” to “Electrologists” in Subdiv. (2).

Sec. 20-268. Board of examiners. There shall be in the department a Board of Examiners of Electrologists, composed of five members, one of whom shall be a doctor of medicine licensed to practice medicine and surgery in the state and a diplomate of the American Board of Dermatology, two of whom shall be public members and two of whom shall be practicing electrologists who are residents of this state. The Governor shall appoint the members of the board, subject to the provisions of section 4-9a. The board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. Special meetings shall be held on the request of a majority of the board after notice in accordance with the provisions of section 1-225. A majority of the members of the board shall constitute a quorum. Members shall not be compensated for their services. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. Minutes of all meetings shall be recorded by the board. No member shall participate in the affairs of the board during the pendency of any disciplinary proceedings by the board against such member. No professional member shall be an elected or appointed officer of a professional society of electrologists or have been such an officer during the year immediately preceding such professional member’s appointment. The board shall (1) hear and decide matters concerning suspension or revocation of licensure, (2) adjudicate complaints against practitioners, and (3) impose sanctions where appropriate.

(1951, S. 2317d; P.A. 77-614, S. 454, 610; P.A. 80-484, S. 171, 174, 176; P.A. 81-471, S. 61, 71; June Sp. Sess. P.A. 91-12, S. 27, 55; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 98-143, S. 16, 24; P.A. 01-109, S. 5.)

History: P.A. 77-614 placed board of examiners within health services department, reduced representation of medical doctors and hypertrichologists on board from two members each to one each, adding two public members and deleted references to July first appointment date and to three year terms, effective January 1, 1979; P.A. 80-484 deleted requirement that hypertrichologist members have practiced for five years, deleted provision for appointment of dermatologist nominated by State Medical Society and deleted provisions for appointment of hypertrichologist members from list of nominees of State Hypertrichologist Association and appointment of public members, adding provisions for appointments pursuant to Sec. 9-4a, meetings, expense reimbursement, members’ attendance, etc.; P.A. 81-471 changed “elected official” to “elected or appointed officer” as of July 1, 1981; June Sp. Sess. P.A. 91-12 eliminated expense reimbursement for board members; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 98-143 added quorum provision, effective July 1, 1998; P.A. 01-109 changed “hypertrichologists” to “electrologists” and made technical changes.

See Sec. 4-9a for definition of “public member”.

See Secs. 19a-8 to 19a-12, inclusive, re powers and duties of boards and commissions within Department of Public Health.

Sec. 20-269. Powers and duties of board. Assistance to be rendered by Department of Public Health. The department shall hold examinations at least twice each year at such times and places as the Commissioner of Public Health determines. The Commissioner of Public Health, with advice and assistance from the board, shall adopt regulations, in accordance with chapter 54, for the administration of this chapter and for the conduct of the business of electrology, which regulations may prescribe requirements concerning the layout, use and equipment of licensees’ places of business, all in accordance with the public interest, health and safety. The board, with the consent of the Commissioner of Public Health, shall prescribe the course of training for the practice of electrology and shall adopt a schedule and minimum educational requirements. The board shall keep a record of the proceedings of the board, which shall be open to public inspection. The department shall provide the board with all necessary clerical and other assistance, keep the records and files of the board, collect the fees due under this chapter and conduct any investigations and inspections required for the purposes of this chapter.

(1951, 1953, S. 2318d; 1963, P.A. 330, S. 2; P.A. 77-614, S. 455, 610; P.A. 80-484, S. 123, 176; P.A. 88-357, S. 10; 88-362, S. 12; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 01-109, S. 6.)

History: 1963 act redefined board’s duties, substituting authority to make regulations governing announcements, etc., for authority to review advertisements; P.A. 77-614 deleted provisions for convening board within 30 days of appointment, granting board power to enforce chapter provisions, requiring that dermatologist member be present for existence of quorum and requiring report to commissioner of health and submission of budget through him and transferred administration of examinations, prescription of required training and regulation power from board to department and commissioner of health services, retaining board in an advisory capacity, effective January 1, 1979; P.A. 80-484 transferred power to set time and place of examinations from board to health services commissioner, deleted commissioner’s power to make regulations, returned power to prescribe required training to board but required commissioner’s consent and deleted quorum provision and provision for expense reimbursement; P.A. 88-357 and 88-362 replaced specification that examinations be held in January and July with requirement for examinations “at least twice” each year; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 01-109 changed “hypertrichology” to “electrology” and made technical changes.

See Sec. 4-40a re compensation and expenses of licensing boards and commissions.

Sec. 20-270. Licenses; examinations; disciplinary action; grounds. No person shall engage in the practice of electrology, except as provided in this section, until such person has obtained a license issued by the department. No person shall receive a license, except as provided in this section, until such person has passed a written, oral and practical examination prescribed by the department with the advice and consent of the board. The examination shall be administered to applicants by the department under the supervision of the board. All applications to the department for examination shall be in writing signed by the applicant and upon blanks, furnished by the department, which shall set forth such facts concerning the applicant as the department may require. Application to the department shall be accompanied by a fee of one hundred fifty dollars. No person shall be eligible for examination under the provisions of this chapter unless the department finds, from evidence satisfactory to it, presented by the applicant, that such person has met the educational and other requirements prescribed by the board with the consent of the department. The department shall issue a license to any person who has passed such examination, which license shall include a statement that the person named therein has been examined and found qualified to practice electrology. The department may waive the written examination for a person who has passed the written examination of a nationally recognized board or agency approved by the department and the board. The department may refuse to grant a license, or the board may revoke such license or take any action set forth in section 19a-17 for the following reasons: (1) The employment of fraud or deception in applying for admittance to examination or in the act of taking an examination; (2) addiction to alcoholic liquor, narcotics or other habit-forming drugs; or (3) conviction in a court of competent jurisdiction, either within or without this state, of any crime in the practice of the person’s profession. Such person shall file with the department such certificates and a statement on blanks furnished by the department, subscribed to by the applicant, which shall set forth such person’s name, age, place of birth, residence, academic and professional training with such other information as the department requires, and such person shall thereupon receive from the department a license to practice electrology. Such license shall include a statement that the person named therein is qualified to practice electrology. Such license shall also contain a statement defining the practice of electrology. The department shall establish a passing score for examinations with the consent of the board. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or territory.

(1951, S. 2319d; 1959, P.A. 616, S. 67; 1963, P.A. 330, S. 3; 1972, P.A. 127, S. 48; P.A. 76-113, S. 11; P.A. 77-614, S. 456, 610; P.A. 80-484, S. 124, 176; P.A. 88-362, S. 13; May Sp. Sess. P.A. 92-6, S. 34, 117; P.A. 01-109, S. 7; June Sp. Sess. P.A. 09-3, S. 232.)

History: 1959 act increased application fee from $15 to $25 and deleted provision for license fee; 1963 act provided for issuance of duplicate registration receipts; 1972 act reduced required minimum age for applicant from 21 to 18, reflecting changed age of majority; P.A. 76-113 deleted requirement that applicant be, or intends to become, a U.S. citizen; P.A. 77-614 divided responsibility for examinations between board and department and commissioner of health services, previously board had sole responsibility and deleted requirement that board file copy of educational and other requirements with department, effective January 1, 1979; P.A. 80-484 essentially transferred all powers formerly held by board to health services department, retaining board in advisory capacity, replaced certificates of approval with licenses, deleted requirements that applicants be at least eighteen and of good moral character, extended disciplinary actions to include all actions in Sec. 19-4s in addition to suspension or revocation of licenses, deleted reference to felony in practice of profession as ground for disciplinary action, deleted provision for duplicate registration and provisions re filing of applicants examined, those who failed and examination questions and answers and added provision re establishment of passing score; P.A. 88-362 authorized waiver of written examination for a person who has passed the written examination of a nationally recognized board or agency approved by the department and the board and added the provision prohibiting the issuance of a license to an applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or territory; May Sp. Sess. P.A. 92-6 raised fee from $25 to $75; P.A. 01-109 changed “hypertrichology” to “electrology” and made technical changes; June Sp. Sess. P.A. 09-3 increased fee from $75 to $150.

Sec. 20-271. Disciplinary action; grounds. The license of any electrologist in this state may be revoked or suspended by the board, or such electrologist may be the subject of any action set forth in section 19a-17, after notice and hearing, on the recommendation of the board for any cause set forth in this section. Proceedings relative to the revocation or suspension of a license or such action may be begun by the filing of written charges, verified by affidavit, with the department. The causes for which a license may be revoked or suspended or for which a practitioner may be the subject of any action set forth in section 19a-17 include: (1) Conviction, either within or without this state, of any crime in the practice of the practitioner’s profession; (2) fraudulent or deceptive conduct in the course of professional services or activities or illegal, incompetent or negligent conduct, in the practitioner’s practice; (3) habitual intemperance in the use of alcoholic liquor or addiction to the use of narcotics or other habit-forming drugs; (4) violation of any provision of this chapter or of any regulation adopted under this chapter; (5) aiding or abetting the unlawful practice of electrology; (6) physical or mental illness or emotional disorder or loss of motor skill of the practitioner, including, but not limited to, deterioration through the aging process; (7) fraud or material deception in obtaining a license; or (8) splitting of fees or offering of commissions or gifts. The Commissioner of Public Health may order a licensee to submit to a reasonable physical or mental examination if the physical or mental capacity of the licensee to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17.

(1951, 1953, S. 2320d; 1963, P.A. 330, S. 5; P.A. 77-614, S. 457, 610; P.A. 80-484, S. 125, 176; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4–6; 95-257, S. 12, 21, 58; P.A. 01-109, S. 8.)

History: 1963 act added that license may be revoked for violation of any regulation of the board; P.A. 77-614 replaced reference to regulations of board with regulations “adopted under this chapter”, effective January 1, 1979; P.A. 80-484 transferred powers of board to health services department, extended disciplinary actions allowed to cover all those listed in Sec. 19-4s, revised grounds for such action by deleting reference to felonies, rephrasing ground re unacceptable conduct, deleting ground concerning advertising and adding grounds of physical illness, emotional disorder etc. and added provisions re physical or mental examinations and petitions to court for enforcement of orders and actions; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 01-109 changed “hypertrichologist” to “electrologist”, changed “hypertrichology” to “electrology” and made technical changes.

Sec. 20-272. Hearing and procedure in disciplinary action. On receipt of a written charge by the department, the practitioner named therein shall be given notice and afforded opportunity for hearing, in accordance with the regulations adopted by the Commissioner of Public Health. The Attorney General shall, upon request, furnish legal assistance to the board. If the board, by a majority vote of its members, finds the existence of any of the causes set forth in section 20-271, it may take any of the actions set forth in section 19a-17.

(1951, S. 2321d; P.A. 77-614, S. 458, 610; P.A. 80-484, S. 126, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

History: P.A. 77-614 replaced detailed provisions re notice and hearings with provisions for notice and hearings in accordance with regulations of commissioner of health services and deleted provision requiring that majority vote on charges must include dermatologist’s vote, effective January 1, 1979; P.A. 80-484 replaced reference to finding of guilt with reference to finding “existence of any causes set forth in section 20-271” and replaced detailed provisions for actions taken upon findings with statement that any action under Sec. 19-4s may be taken; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

Sec. 20-273. Appeal. Any person aggrieved by a final decision of the board or the department may appeal therefrom in accordance with the provisions of section 4-183.

(1951, S. 2322d; 1971, P.A. 870, S. 66; P.A. 76-436, S. 432, 681; P.A. 77-603, S. 78, 125; 77-614, S. 459, 610; P.A. 80-484, S. 127, 176; P.A. 96-47, S. 12.)

History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 and 77-614 replaced detailed appeal provisions with statement that appeals shall be brought in accordance with Sec. 4-183; P.A. 80-484 allowed appeals from decisions of health services department in accordance with transfer of some board powers to department; P.A. 96-47 changed “the finding” to “a final decision”.

Sec. 20-274. Restoration of right to practice. Section 20-274 is repealed.

(1951, S. 2323d; P.A. 80-484, S. 175, 176.)

Sec. 20-275. Renewal of licenses. Continuing education requirements. (a) Each person licensed under the provisions of this chapter shall renew such license once every two years with the department in accordance with the provisions of section 19a-88 on forms provided by the department. The renewal fee shall be two hundred dollars.

(b) Each licensed electrologist applying for license renewal shall furnish evidence satisfactory to the Commissioner of Public Health of having participated in continuing education programs. The commissioner shall adopt regulations, in accordance with chapter 54, to (1) define basic requirements for continuing education programs, (2) delineate qualifying programs, (3) establish a system of control and reporting, and (4) provide for waiver of the continuing education requirement for good cause.

(1951, S. 2324d; 1959, P.A. 616, S. 68; 1963, P.A. 330, S. 6; June, 1971, P.A. 8, S. 83; P.A. 80-484, S. 128, 176; May Sp. Sess. P.A. 92-6, S. 35, 117; P.A. 00-135, S. 9, 21; P.A. 01-109, S. 9; June 30 Sp. Sess. P.A. 03-3, S. 25; June Sp. Sess. P.A. 09-3, S. 233.)

History: 1959 act doubled fees; 1963 act added provision re person holding a duplicate license; 1971 act increased fees from $4 to $5; P.A. 80-484 replaced previous provisions requiring annual registration in January and governing special case registrations, i.e. of those retired or out of state with provision for registration in accordance with Sec. 19-45; May Sp. Sess. P.A. 92-6 raised fee from $5 to $50; P.A. 00-135 designated existing provisions as Subsec. (a) and added new Subsec. (b) re continuing education, effective May 26, 2000; P.A. 01-109 changed “hypertrichologist” to “electrologist” in Subsec. (b); June 30 Sp. Sess. P.A. 03-3 amended Subsec. (a) to change license renewal from annually to biennially and increase renewal fee from $50 to $100, effective January 1, 2004; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase renewal fee from $100 to $200.

Sec. 20-276. Display of license and certificate. Use of titles. Each person licensed under the provisions of this chapter to practice electrology shall display in a prominent place in such person’s place of business such person’s original license and annual registration certificate. Such licensee shall not use any title, including the title “Doctor” or “registered nurse” or their synonyms or abbreviations, except “electrologist”, and shall not use any adjective or qualification in addition to such title except that such licensee may use the title “certified professional electrologist” or its abbreviation “CPE”, provided such licensee has been awarded certification by the international board of electrologist certification of The American Electrology Association.

(1951, S. 2326d; 1951, 1953, S. 2325d; P.A. 88-362, S. 14; P.A. 01-109, S. 10.)

History: P.A. 88-362 prohibited use of title “registered nurse” and added the exception for the use of the title “certified professional electrologist”; P.A. 01-109 changed “hypertrichology” to “electrology”, changed “hypertrichologist” to “electrologist” and made technical changes.

Sec. 20-277. Scope of chapter. No provision of this chapter shall be construed to confer any authority to practice medicine or surgery; nor shall this chapter prohibit the practice of electrology by a person licensed to practice the healing arts or a person employed in a hospital or in the office of a licensed physician under such physician’s immediate direction; nor shall this chapter prohibit the use of nonelectrical cosmetic devices or the use of wax or other proprietary depilatories used for the temporary removal of superfluous hair from the surface of the skin.

(1951, S. 2326d; 1963, P.A. 330, S. 7; P.A. 01-109, S. 11.)

History: 1963 act stipulated removal of hair referred to in last provision be temporary; P.A. 01-109 changed “hypertrichology” to “electrology” and made a technical change.

Sec. 20-278. Prohibited acts. No person shall: (1) Buy, sell or fraudulently obtain or furnish any diploma, certificate, license, record or registration purporting to show that any person is qualified or authorized to practice electrology, or participate in any such act; (2) practice or attempt or offer to practice electrology under cover of any diploma, certificate, license, record or registration illegally or fraudulently obtained or signed, or issued unlawfully or under fraudulent representation or mistake of fact in a material regard; (3) practice or attempt or offer to practice electrology under a name other than such person’s own name or under a false or assumed name; (4) aid or abet practice by a person not lawfully licensed to practice electrology within this state or by a person whose license to practice has been suspended or revoked; or (5) use in such person’s advertising the word “electrologist” or any description of services involving permanent hair removal, without having obtained a license under the provisions of this chapter. No person shall, during the time such person’s license is revoked or suspended, practice or attempt or offer or advertise to practice electrology or be employed by, work with or assist, in any way, any person licensed to practice electrology. Any person who violates any provision of this section shall be guilty of a class D misdemeanor.

(1951, S. 2327d, 2328d; 1963, P.A. 330, S. 8; P.A. 80-484, S. 129, 176; P.A. 81-471, S. 62, 71; P.A. 88-362, S. 15; P.A. 01-109, S. 12; P.A. 03-19, S. 50; P.A. 12-80, S. 70.)

History: 1963 act substituted term, “profession” for “occupation,” and deleted prohibition in Subdiv. (7) against use of words, “licensed electrologist” or “electrologer”; P.A. 80-484 deleted Subdiv. (4) containing advertising prohibition, renumbering remaining Subdivs. accordingly, deleted references to advertising in Subdivs. (2) and (3) and required permission of health services department rather than of board in renumbered Subdiv. (4), formerly (5); P.A. 81-471 deleted prohibition against giving training in hypertrichology without permission from department and state board of education; P.A. 88-362 substituted prohibition of use of term “hypertrichologist” and descriptions of services involving permanent hair removal for prior ban on use of term “licensed hypertrichologist” in Subdiv. (5); P.A. 01-109 changed “hypertrichology” to “electrology”, changed “hypertrichologist” to “electrologist” and made technical changes; P.A. 03-19 made a technical change, effective May 12, 2003; P.A. 12-80 replaced penalty of a fine of not more than $100 or imprisonment of not more than 30 days or both with a class D misdemeanor.

Sec. 20-278a. Operation of offices; prohibitions. Section 20-278a is repealed.

(1963, P.A. 330, S. 4; P.A. 80-484, S. 175, 176.)