Laser Hair Removal or Reduction
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SB 744 — Laser Hair Removal or Reduction
Last action — Died in Rules
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
124 added · 308 removedPlain-language change summary
The recent amendments to SB 744 change how electrology is regulated in Florida. Instead of being overseen by the Department of Health, the regulation will now fall under the Department of Business and Professional Regulation. This is significant because it may streamline the licensing processes for electrologists, particularly those using laser hair removal techniques, and ensure they meet nationally recognized certification standards. Additionally, the Electrolysis Council and the Board of Medicine will no longer play a role in overseeing these practices, simplifying the regulatory framework.
Florida Senate - 2018 CS for CS for SB 744 By the CommitteeCommittees on HealthAppropriations; Policy;
and SenatorHealth GrimsleyPolicy; 588-03141-18 2018744c1 A bill to be entitled An act relating to laser hair removal or reduction;
and Senator Grimsley 576-04133-18 2018744c2 A bill to be entitled An act relating to laser hair removal or reduction;
repealing s.
478.44, F.S., relating to the Electrolysis Council;
478.43, F.S.;
providing rulemaking authority to the Department of Health for regulating electrolysis services;
repealing ss.
478.44 and 478.46, F.S., relating to the Electrolysis Council and temporary permits, respectively;
providing for the validity of temporary permits previously issued by the Board of Medicine;
providing for the expiration of such permits by a specified date, upon the issuance of a license to practice electrology, or upon notice that the applicant failed a written examination;
amending s.
specifying that licensed electrologists must meet certain direct supervision requirements;
providing an exception;
478.43, 478.45, 478.47, 478.50, 478.51, 478.52, 478.53, and 478.55,478.53, F.S.;
specifying that current rules relating to the practice of electrology remain in full force and effect unless revised by the department or superseded by other laws;
2612 Be It Enacted by the Legislature of the State of Florida:
2814 Section 1. Section 478.42, Florida Statutes, is amended to read:
(1)(3) “Department”(2)(3) “Department” means the Department of Health.
(2)(4) “Electrologist”(3)(4) “Electrologist” means a person who engages in the practice of electrolysis.
(3)(5) “Electrolysis(4)(5) “Electrolysis or electrology” means the permanent removal of hair by destroying the hair-producing cells of the skin and vascular system, using equipment and devices that approved by the board which have been cleared by and registered with the United States Food and Drug Administration and that are used pursuant to protocols approved by the board.
478.43 Department478.43 Board Board of Medicine;
powers and duties.— (1) The department board, with the assistance of the Electrolysis Council, is authorized to establish minimum standards for the delivery of electrolysis services and to adopt rules pursuant to ss.
(2) The department board may administer oaths, summon witnesses, and take testimony in all matters relating to its duties under this chapter.
(3)(4) The department board, in consultation with the council, shall recommend proposed rules, and the board shall adopt rules for a code of ethics for electrologists and rules related to the curriculum and approval of electrolysis training programs, sanitary guidelines, the delivery of electrolysis services, continuing education requirements, and any other area related to the practice of electrology.
Section 4. Section4. Subsections 478.46,(2), (3), and (6) of section 478.45, Florida Statutes, isare repealed.amended to read:
Section478.45 Requirements 5. Afor validlicensure.— temporary(2) Each permitapplicant issuedfor pursuantlicensure tomust s.shall successfully pass a written examination developed by the department or a national examination that has been approved by the board.
478.46, Florida Statutes, before October 1, 2018, remains valid until October 1, 2019, until the applicant receives notice that he or she has failed the written examination required under s.
478.45, Florida Statutes, or until the Department of Health issues the applicant a license to practice electrology, whichever occurs first.
If the department has not issued the applicant a license to practice electrology by October 1, 2019, or if the applicant receives notice that he or she has failed the written examination, the applicant’s temporary permit is automatically revoked.
Section 6. Section 478.49, Florida Statutes, is amended to read:
478.49 License and certification required.— (1) A person may not No person may practice electrology or hold herself or himself out as an electrologist in this state unless she or he the person has been issued a license by the department and holds an active license pursuant to the requirements of this chapter.
(2) A licensee shall display her or his license in a conspicuous location in her or his place of practice and provide it to the department or the board upon request.
(3) A licensee who uses a laser or pulsed-light device in a laser hair removal or reduction procedure must be certified by a nationally recognized electrology organization in the use of these devices.
(4) A licensee must follow the direct supervision requirements of ss.
458.348(2) and 459.025(2) unless exempt under s.
458.348(3)(e) or s.
459.025(3)(e).
Section 7. Section 478.45, Florida Statutes, is amended to read:
478.45 Requirements for licensure.— (1) An applicant applying for licensure as an electrologist shall file a written application, accompanied by the application for licensure fee prescribed in s.
Show all 125 changed lines (85 more)
478.55, on a form provided by the department board, showing to the satisfaction of the department board that the applicant:
(a) Is at least 18 years old.
(b) Is of good moral character.
(c) Possesses a high school diploma or a high school equivalency diploma.
(d) Has not committed an act in any jurisdiction which would constitute grounds for disciplining an electrologist in this state.
(e) Has successfully completed the academic requirements of an electrolysis training program, not to exceed 120 hours, and the practical application thereof as approved by the department board.
(2) Each applicant for licensure must shall successfully pass a written examination developed by the department or a national examination that has been approved by the department board.
The department board, with the assistance of the council, shall establish standards for acceptable performance.
(4) The department shall issue a license to practice electrology to any applicant who passes the examination, pays the licensure fee as set forth in s.
478.55, and otherwise meets the requirements of this chapter.
(5) The department shall conduct licensure examinations at least two times a year.
The department shall give public notice of the time and place of each examination at least 60 days before it is administered and shall mail notice of such examination to each applicant whose application is timely filed, pursuant to department board rule.
Upon completion of such investigation, if the applicant is found guilty of such offense, the department board shall apply the applicable provisions of s.
Section 8. Section5. Section 478.47,478.49, Florida Statutes, is amended to read:
478.47 Licensure478.49 License byrequired.— endorsement.—The(1) A departmentperson shallmay issuenot aNo licenseperson bymay endorsementpractice toelectrology anyor applicanthold whoherself submitsor himself out as an applicationelectrologist andin this state unless she or he the requiredperson feeshas asbeen setissued fortha inlicense s.by the department and holds an active license pursuant to the requirements of this chapter.
478.55(2) A andlicensee whoshall holdsdisplay anher active license or otherhis authoritylicense to practice electrology in a jurisdictionconspicuous whoselocation licensurein requirementsher areor determinedhis byplace theof departmentpractice boardand toprovide beit equivalent to the requirementsdepartment foror licensurethe inboard thisupon state.request.
Section(3) A 9. Subsectionslicensee (2)who anduses (4)a oflaser sectionor 478.50,pulsed-light Floridadevice Statutes,in area amendedlaser tohair read:removal or reduction procedure must be certified by a nationally recognized electrology organization in the use of such device.
Section 6. Subsection (4) of section 478.50, Florida Statutes, is amended to read:
continuing education requirements.— (2) A(4)(a) An application for license thatrenewal ismust notbe renewedaccompanied atby proof of the endsuccessful completion of 20 hours of continuing education courses or proof of successfully passing a reexamination for licensure within the immediately preceding biennium prescribedwhich bymeets the departmentcriteria automaticallyestablished revertsby tothe delinquentboard. status.
The department board shall adopt rules establishing procedures, criteria, and fees as set forth in s.
478.55 for reactivation of an inactive license.
(4)(a) An application for license renewal must be accompanied by proof of the successful completion of 20 hours of continuing education courses or proof of successfully passing a reexamination for licensure within the immediately preceding biennium which meets the criteria established by the department board.
(b) The department board, with the assistance of the council, shall approve criteria for, and content of, electrolysis training programs and continuing education courses required for licensure and renewal as set forth in this chapter.
(c) Continuing education programs shall be approved by the department board.
Applications for approval shall be submitted to the department board not less than 60 days or nor more than 360 days before they are held.
Section 10. Subsections7. Paragraph (2),(t) (3),of subsection (1) and (11)subsection (4) of section 478.51,478.52, Florida Statutes, areis amended to read:
478.51 Electrology facilities;
requisites;
facility licensure;
inspection.— (2) The facility license shall be displayed in a conspicuous place within the facility and shall be made available upon request of the department or board.
(3) The department board shall adopt rules governing the licensure and operations of such facilities, personnel, safety and sanitary requirements, and the licensure application and granting process.
(11) Renewal of license registration for electrology facilities shall be accomplished pursuant to rules adopted by the department board.
Section 11. Section 478.52, Florida Statutes, is amended to read:
(a) Obtaining or attempting to obtain a license by bribery, fraud, or knowing misrepresentation.
(b) Having a license or other authority to deliver electrolysis services revoked, suspended, or otherwise acted against, including denial of licensure, in another jurisdiction.
(c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime, in any jurisdiction, which directly relates to the practice of electrology.
(d) Willfully making or filing a false report or record, willfully failing to file a report or record required for electrologists, or willfully impeding or obstructing the filing of a report or record required by this act or inducing another person to do so.
(e) Circulating false, misleading, or deceptive advertising.
(f) Unprofessional conduct, including any departure from, or failure to conform to, acceptable standards related to the delivery of electrolysis services.
(g) Engaging or attempting to engage in the illegal possession, sale, or distribution of any illegal or controlled substance.
(h) Willfully failing to report any known violation of this chapter.
(i) Willfully or repeatedly violating a rule adopted under this chapter, or an order of the board or department previously entered in a disciplinary hearing.
(j) Engaging in the delivery of electrolysis services without an active license.
(k) Employing an unlicensed person to practice electrology.
(l) Failing to perform any statutory or legal obligation placed upon an electrologist.
(m) Accepting and performing professional responsibilities which the licensee knows, or has reason to know, she or he is not competent to perform.
(n) Delegating professional responsibilities to a person the licensee knows, or has reason to know, is unqualified by training, experience, or licensure to perform.
(o) Gross or repeated malpractice or the inability to practice electrology with reasonable skill and safety.
(p) Judicially determined mental incompetency.
(q) Practicing or attempting to practice electrology under a name other than her or his own.
(r) Being unable to practice electrology with reasonable skill and safety because of a mental or physical condition or illness, or the use of alcohol, controlled substances, or any other substance that which impairs one’s ability to practice.
1. The department may, upon probable cause, compel a licensee to submit to a mental or physical examination by physicians designated by the department.
The cost of an examination shall be borne by the licensee, and her or his failure to submit to such an examination constitutes an admission of the allegations against her or him, consequent upon which a default and a final order may be entered without the taking of testimony or presentation of evidence, unless the failure was due to circumstances beyond her or his control.
2. A licensee who is disciplined under this paragraph shall, at reasonable intervals, be afforded an opportunity to demonstrate that she or he can resume the practice of electrology with reasonable skill and safety.
3. In any proceeding under this paragraph, the record of proceedings or the orders entered by the department board may not be used against a licensee in any other proceeding.
(s) Disclosing the identity of or information about a patient without written permission, except for information which does not identify a patient and which is used for training purposes in an approved electrolysis training program.
478.42(3)478.42(4) s.
(u) Operating(4) The anyboard, electrolysiswith facilitythe unlessassistance itof hasthe beencouncil, dulymay, licensedby asrule, providedestablish inguidelines thisfor chapter.the disposition of disciplinary cases involving specific types of violations.
(v) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2) The department board may enter an order denying licensure, or imposing any of the penalties in s.
456.072(2), or imposing costs as provided in s.
456.072(4) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s.
456.072(1).
(3) The department board may not issue or reinstate a license to a person it has deemed unqualified until it is satisfied that such person has complied with the terms and conditions of the final order and that the licensee can safely practice electrology.
(4) The department board, with the assistance of the council, may, by rule, establish guidelines for the disposition of disciplinary cases involving specific types of violations.
Section 12. Subsection8. Subsection (6) of section 478.53, Florida Statutes, is amended to read:
478.42(3)478.42(4) s.
Section 13. Subsection9. This (1)act ofshall sectiontake 478.55,effect FloridaOctober Statutes,1, is2018. amended to read:
478.55 Fees;
facility;
disposition.— (1) The department board shall establish by rule the collection of fees for the following purposes:
(a) License application fee:
a fee not to exceed $100.
(b) Examination fee:
a fee not to exceed $300.
(c) Initial licensure fee:
a fee not to exceed $100.
(d) Renewal fee:
a fee not to exceed $100 biennially.
(e) Reactivation fee:
a fee not to exceed $100.
(f) Inspection fee for facility:
a fee not to exceed $100 biennially.
Section 14. Any current rules adopted by the Department of Health, the Board of Medicine, or the Electrolysis Council which relate to the practice of electrology remain in full force and effect unless revised by the Department of Health pursuant to this act or superseded by other laws.
Section 15. This act shall take effect October 1, 2018.
Show all 125 changed rows (85 more)
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Action History
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Died in Rules
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Indefinitely postponed and withdrawn from consideration
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Now in Rules
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CS/CS by Appropriations read 1st time
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS/CS by Appropriations; YEAS 17 NAYS 0
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On Committee agenda-- Appropriations, 03/02/18, 9:00 am, 412 Knott Building
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On Committee agenda-- Appropriations, 02/27/18, 11:00 am, 412 Knott Building --Not Considered
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CS by Health Policy read 1st time
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Now in Appropriations
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Remaining references corrected to Appropriations; Rules
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Original reference(s) removed: Regulated Industries
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Health Policy; YEAS 8 NAYS 0
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On Committee agenda-- Health Policy, 02/13/18, 10:00 am, 412 Knott Building
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Introduced
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Referred to Health Policy; Regulated Industries; Appropriations
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Filed
Sponsors
- Grimsley · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 159 not signed on
Sponsors (1)
- Grimsley
Co-sponsors (0)
None.
Not signed on (159)
159 members have not signed on to this bill.
Show all 159 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 3 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 3 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Bean | — | Yea |
| Benacquisto | — | Yea |
| Braynon | — | Yea |
| Gibson | — | Yea |
| Grimsley | — | Yea |
| Montford | — | Yea |
| Simmons | — | Yea |
| Stargel | — | Yea |
| Flores | — | Yea |
| Brandes | — | Not Voting |
| Galvano | — | Not Voting |
| Simpson | — | Not Voting |
| Book | — | Yea |
| Bracy | — | Yea |
| Gainer | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Bradley, Jennifer | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Benacquisto | — | Yea |
| Hukill | — | Yea |
| Montford | — | Yea |
| Book | — | Yea |
| Hutson | — | Yea |
| Powell | — | Yea |
| Young, RaShon | Democrat | Yea |
| Passidomo, Kathleen | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 744?
- SB 744 is sponsored by Grimsley.
- What is the current status of SB 744?
- This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 744?
- Track SB 744 free on One Click Politics — get push/email alerts when it moves.
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