240 CMR 9.02 - Electrolysis Offices

(1) An electrologist shall submit to the Board an application for approval, on a form furnished by the Board, at least 30 days prior to the opening of any new office, opening of any branch office, change of office location or purchase of any fully equipped office. The office shall be inspected and approved by a duly authorized representative of the Board prior to opening for business.

(2) An electrologist shall notify the Board in writing, including by electronic documentation, at least 30 days prior to the closing of any office, any change of employment, retirement from practice, or departure from the Commonwealth of Massachusetts for a period of time which will extend beyond the expiration date of his or her current license.

(3) Every electrolysis office shall have a treatment room or rooms, or other enclosed or partitioned treatment area, which affords privacy during treatment and is not visible to any person other than the treating electrologist. The treatment room or area shall have a door which shall remain closed during treatment of any patient. A treatment room or treatment area may be utilized by other licensed health care professionals or holders of licenses issued by the Board who are subject to sterilization and sanitation requirements which, in the opinion of the Board, are at least substantially equivalent to those set forth in 240 CMR 9.03. Only one service may be provided at any given time.

(4) Every electrologist and electrolysis office shall comply with all applicable regulations of the United States Food and Drug Administration (FDA), the Federal Communications Commission, the Regulations for the Control of Lasers at 105 CMR 121.000: To Control the Radiation Hazards of Lasers, Laser Systems and Optical Fiber Communication Systems Utilizing Laser Diode or Light Emitting Diode Sources promulgated by the Massachusetts Department of Public Health, and standards in the most recent version of American National Standard for Safe Use of Lasers published by ANSI and referred to as ANSI Z136.1.

(5) Every electrolysis office shall be equipped with lavatory facilities with hot and cold running water.

(6) Every electrolysis office established or located in any private dwelling place, house, condominium, apartment or other residential premises shall have a separate passageway leading from the treatment room or area directly to the street or other public way such that a patient can enter or leave the treatment area without passing through any portion of any private living quarters.

(7) Every electrolysis office established or located in a professional office building or other commercial premises shall have a waiting area separate and distinct from the treatment room or area. Such electrolysis offices may share said waiting area with any other profession, business, trade or activity, but shall provide a means of entry and exit which does not require a prospective patient to pass through any area in which the services of another profession, business or trade are actually performed.

(8) Every electrolysis office shall have and maintain in good working condition, appropriate and sufficient equipment including:

(a) A professional treatment table or chair which shall be used solely for the purpose of electrolysis treatment, unless the patient is physically incapacitated and unable to be so treated;

(b) Professional lighting which shall be focused on the treatment area at all times;

(c) A sufficient supply of sterile professional type forceps to be used in the treatment of patients; and

(d) Epilators and other devices, instruments, implements and other equipment reasonably necessary for the practice of electrolysis. All epilators, devices and instruments shall conform to all applicable rules and regulations of the Federal Food and Drug Administration, the United States Occupational Safety and Health Administration, Regulations for the Control of Lasers, 105 CMR 121.000: To Control the Radiation Hazards of Lasers, Laser Systems and Optical Fiber Communication Systems Utilizing Laser Diode or Light Emitting Diode Sources, promulgated by the Massachusetts Department of Public Health, and shall be approved by the Federal Communications Commission (FCC) to the extent that such approval is required by federal law or regulations.

(e) All non-disposable equipment shall be subject to the sanitation and sterilization requirements prescribed by the Board.

(9) Every electrologist must conspicuously post a copy of their current individual license at their place of employment, including in each branch office if they maintain more than one office, and while working must have in their physical possession their original license and a government-issued identification card with photograph.

(10) An electrologist may make a house or hospital call, but only if the patient is physically incapacitated. In such a case, the electrologist shall:

(a) Use a portable FCC approved epilator which also conforms to all applicable regulations of the Federal Food and Drug Administration;

(b) Use appropriate sterilized professional instruments and proper lighting equipment;

(c) Use a portable kit containing appropriate and necessary sterilizing solutions, and before and after treatment medications; and

(d) Carry their original license in their physical possession.

Notes

240 CMR 9.02

Adopted by Mass Register Issue 1392, eff. 5/31/2019.