Section 0540-01-.01 - DEFINITIONSAs used in these rules, the terms and acronyms shall have the following meanings ascribed to them.
(1) Advertisement - Informational communication to the public in any manner designed to attract public attention to the practice of electrology.(2) Advertising - Includes, but is not limited to business solicitations, with or without limiting qualifications, in a card, sign, or device issued to a person; in a sign or marking in or on any building, or in any newspaper, magazine, directory, or other printed matter. Advertising also includes business solicitations communicated by individual(s), radio, video, or television broadcasting or any other means designed to secure public attention.(3) Applicant - Any individual seeking licensure by the Board who has submitted an official application and paid the application fee.(4) Bait and Switch Advertising - An alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell or provide. Its purpose is to switch consumers from buying the advertised service or merchandise, in order to sell something else, usually for a higher fee or on a basis more advantageous to the advertiser.(5) Registry's administrative office - The offi ce of the administrator assigned to the Tennessee Electrologists Registry located at 665 Mainstre am Drive-Second Floor, Nashville, TN 37243. (6) Closed File - An administrative action which renders an incomplete or denied file inactive. (7) Commissioner - The Tennessee Department of Health Commissioner or his or her designee, including but not limited to, the Assistant Commi ssioner for the Bureau of Health Licensure and Regulation. (8) Contagious - That which can be transm itted by direct or indirect contact. (9) Course of Instruction - The complete body of prescribed subjects or studies to prepare students for admission to an examination for electrology licensure. (10) Department - Tennessee Department of Health(11) Direct Supervision - Personal . on-site, and visual observation. (12) Discounted fee - A fee offered or charged by a person or organization for any electrology product or service that is less than the fee t he person or organization usually offers or charges for the product or service. Products or services expressly offered free of charge shall not be deemed to be offered at a "discounted fee." (13) Disinfectant - An agent that destroys or neutralizes harmful microorganisms. (14) Division - The Tennessee Department of Health, Division of Health Related Boards, from which the Commissioner receives administrative support. (15) Electrology - The art and practice relating to the removal of hair from the normal skin by the application of an electric current to the hair r oot by means of a needle or needles, whether the process employs direct electric current or short wave alternating electric current or combination of both, or by F.D.A. approved laser beam pr ocess designated for permanent hair removal. Electronic tweezers or nonneedle me thods are prohibited within the practice of electrology. (16) Electrology Instructor - An electrologist w ho is licensed by the Commissioner to practice and teach electrology. (17) Electrology-related - Means workshops, semi nars, conferences, classes, or home study courses approved by a state, regional, or loca l electrology. professional association or institution of higher education. (18) Electrologist - Any person practicing electrolysis for the permanent removal of hair.(19) Electrolysis - The process by which the hair is removed from the normal skin by the application of an electric current to the hair r oot by means of a needle or needles, whether the process employs direct electric current or short wave alternating electric current or combination of both, or by F.D.A. approved laser beam pr ocess designated for permanent hair removal. (20) Equivalent - Comparable but not identical, covering the same subject matter. (21) Fee - Money, gifts, services, or anything of value offered or received as compensation in return for rendering services; al so the required licensure fee(s). (22) Fee Splitting - The practice of paying commiss ions to colleagues out of fees received from clients who have been referred by the colleague for rendering services. General Supervision - Means the availability of the dermatologist or elec trology instructor within a time period of 60 minutes or less. General supervision may be provided in person or by telephone. (23) General Supervision - Means the availability of the dermatologi st or electrology instructor within a time period of 60 minutes or less. G eneral supervision may be provided in person or by telephone. (24) He/she, Him/her - When "he" appears in the text of these ru les, the word represents both the feminine and masculine genders. (25) HRB - When the acronym "H RB" appears in the text of thes e rules, it represents Health Related Boards. (26) Infectious - That which is capable of being transmitted without physical contact(27) License - Document issued to an applicant who successfully completes the licensure process. The license takes the form of an "artistically designed" license as well as other versions bearing an expiration date. (28) Licensee - Any person who has been lawfully issued a license to practice electrology. Where applicable this shall include instructors or schools in the State of Tennessee. (29) Limited - When used in reference to a credential, means to impose conditions and requirements upon the holder of the credential. and to restrict the scope of the holder's practice. (30) Official Transcript - Docu ment certified by an approved sc hool indicating hours and type of course work, examinations, and scores. (31) Material Fact - Any fact which an ordi nary, reasonable and prudent person would need to know or rely upon in making an informed decision concerning the choice of electrologists regarding the utilization of electrology serv ices to serve his or her particular needs. (32) Notification of Training Form - The form av ailable from the Registry's administrative office which must be completed by a limited license trainee and signed by the supervising dermatologist and received by the Registry's adm inistrative office at least ten days prior to beginning training.. (33) Person - Any individual, firm, corporatio n, partnership, organization, or body politic. (34) Recognized education institution - Any educat ional institution that is accredited by a nationally or regionally re cognized educational body. (35) Registrant - Any person who has been lawfully issued a license. (36) Registry - The Tennessee Electrologists Registry.(37) School - An electrology school teaching the art of electrology. (38) Student - Any person who is not licensed to practice electrology and who is engaged in learning or acquiring a knowledge of electrology. While so learning, the student performs or assists in any of the practices of electrology under the direct supervision of an electrology instructor and only within the school's prem ises. This definition also applies to those individuals who are engaged in limited license training. Tenn. Comp. R. & Regs. 0540-01-.01
Original rule filed May 3, 1976; effective June 2, 1976. Repeal filed September 29, 1989; effective November 13, 1989. New rule filed December 28, 1995; effective March 12, 1996. Amendment filed September 11, 1998; effective November 25, 1998. Amendment filed October 28, 2002; effective January 11, 2003. Amendment filed December 13, 2012; effective May 31, 2013. However a petition for a rulemaking hearing was filed on January 7, 2013. Amendment filed April 4, 2014; effective July 3, 2014.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-101, 63-1-102, 63-26-101, 63-26-102, 63-26-103, 63-26104, 63-26-108, and 63-26-111.