# Title 33 — State Department of Health

## Article 33-03 — Public Health Division

## Chapter 33-03-11.1 — Electrolysis

### § 33-03-11.1-01. Definitions.

1. "Approved" means determined acceptable in writing, by the department.
2. "Aseptic technique" means practices that render and keep the skin site and instruments free
from all micro-organisms or contamination.
3. "Department" means the state department of health.
4. "Electrologist" means a person proficient in the permanent removal of hair by electrology and
who is currently licensed by the department to practice in North Dakota.
5. "Electrology" means the permanent removal of hair by the conduction of an electrical current
through a probe inserted into the hair follicle to destroy the papilla.
6. "Electrology continuing education hour" means a sixty-minute session or home study course
approved by a national electrology association or organization, or an infection control or
electrology-related session provided by a hospital or another health care related setting.
7. "Facility" means all areas used by the electrologist and client.
8. "Initial license" means the first license.
9. "Instruments" means probes, forceps, hemostats, tweezers, or other equipment required for
the actual hair removal process.
10. "National association or organization" means the American electrology association, the
international guild of professional electrologists, or the society of clinical and medical
electrologists.
11. "Official transcript" means a school's certified document that lists the courses, course hours,
and grades of an electrolysis program.
12. "Probe" means the needle or filament used to administer the electric current to the hair-papilla.

13. "Provisional" means license granted based on conditions as established specifically by the
department in response to noncompliance with the licensure requirements in this chapter.
14. "Relicensure" means the issuance of any license after the initial license.
15. "Renew" means to extend a current license for one year if compliance with licensure rules has
been maintained.
16. "Violation of licensure requirement" means noncompliance with requirements of this chapter.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-01
### § 33-03-11.1-02. Licensure requirements.

1. The state health council shall delegate to the department the authority to manage and
implement the electrology licensure program.
2. A person may not hold themselves out to the public as an electrologist or practice electrology
without a current license issued by the department.
3. A license may not be sold, assigned, or transferred.
4. The license expires at midnight on December thirty-first of the year issued. Licensure renewal
must be on a calendar year basis renewable on January first of each year.
5. The license must be displayed in a place easily viewable by clients and the public.
6. The initial license fee is fifty dollars for the first year and will not be prorated for a partial year.
7. The license renewal fee is twenty-five dollars per year. Licenses will be issued and license
fees will be collected on a calendar year basis and will not be prorated for a partial year.
8. A licensed electrologist must practice permanent hair removal through the use of an electronic
probe.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-02, 43-38-03
### § 33-03-11.1-03. Application for initial licensure.

Application for an initial license must be made to the department on forms prescribed by the
department and must be accompanied by:
1. The initial license fee;
2. Proof of age of at least eighteen and identity such as driver's license or birth certificate, and a
copy of a high school diploma, or certificate of general educational development, or degree
from an accredited institution of higher education; and
3. An official transcript from an electrology school meeting the program requirements for training
as defined in section 33-03-11.1-17.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-02, 43-38-03

### § 33-03-11.1-04. Applications for licensure and grandfathering provision.

Repealed effective May 1, 1994.
### § 33-03-11.1-05. Electrologist licensure examination.

Repealed effective May 1, 1994.
### § 33-03-11.1-06. Notification of examination date, and results.

Repealed effective May 1, 1994.
### § 33-03-11.1-07. Retake of examination sections.

Repealed effective May 1, 1994.
### § 33-03-11.1-08. Issuance, renewal, and reactivation of a license.

1. Upon receipt of an initial licensure application or a relicensure application, the department
shall evaluate the qualifications of the applicant for compliance with the requirements of this
chapter.
2. Falsification of information on the application shall constitute license revocation.
3. The department may evaluate an electrologist's compliance with these licensure requirements
at any time through:
a. An announced or unannounced onsite inspection scheduled at the discretion of the
department; or
b. A request for submission of written documentation verifying compliance.
4. If the licensure applicant meets the requirements as found in this chapter, including the
application fee and continuing education hours, the department shall issue a license.
5. Licenses not renewed by December thirty-first of each year will be deemed suspended and an
additional fee not to exceed ten dollars must be assessed from the applicant. Licenses not
renewed by March of each year will be terminated and reapplication for licensure will be
needed to reinstate the license.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-03
### § 33-03-11.1-09. Continuing education.

1. To maintain licensure, electrologists must obtain a minimum of five electrology continuing
education hours per year.
2. Certificates of completion to verify number of continuing education hours must be submitted to
the department along with annual renewal applications and fees in order to obtain a renewal
license.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03

Law Implemented: NDCC 43-38-03
### § 33-03-11.1-10. Infection control and safety.

Written policies and procedures must be established and implemented by the licensed electrologist
for infection control and safety and shall include at a minimum the following:
1. Handwashing and glove use.
a. Hands must be washed before treatment of each client, before donning gloves, and
immediately after gloves are removed.
b. Handwashing must include the use of antibacterial soaps:
(1) Bar soaps must be kept on a rack to allow water to drain.
(2) Liquid soap containers must be disposable; or
(3) Reusable liquid soap containers must be cleaned and refilled with fresh soap at
least once a month.
c. The handwashing technique used must include:
(1) Use of antibacterial soap and water;
(2) A vigorous rubbing together of all surfaces of lathered hands, especially between
fingers and fingernail areas, for at least fifteen to twenty seconds;
(3) A thorough rinsing under a stream of water; and
(4) Hands dried thoroughly with a clean disposable paper towel, then faucets turned off
with the paper towel.
d. A new pair of nonsterile disposable examination gloves must be worn during the
treatment of each client.
e. When a treatment session is interrupted, gloves must be removed and discarded. When
gloves are removed during a treatment session, hands must be washed as provided in
subdivision c and a fresh pair of gloves used prior to continuing the treatment session.
f. Gloves must be worn during the procedures of mechanical precleaning, cleaning, rinsing,
and drying of needles or probes and forceps or tweezers.
g. Torn or perforated gloves must be removed immediately, and hands must be washed as
provided in subdivision c after the gloves are removed.
2. Cleaning and sterilizing instruments or items and other safety precautions.
a. Needles or probes and forceps or tweezers must either be presterilized disposable or
thoroughly cleaned and sterilized between clients.
b. Reusable instruments and containers must be cleaned and then sterilized consistent with
the following:
(1) New reusable instruments must be cleaned and then sterilized before initial use.
(2) All containers including the container lids used to hold contaminated needles or
probes and forceps or tweezers must be cleaned and sterilized at least daily or
whenever overtly contaminated on days the electrologist is practicing electrology.

(3) Pickup hemostats, forceps, or tweezers and holding cylinder must be cleaned and
sterilized at least daily or whenever overtly contaminated on the days the
electrologist is practicing electrology.
(4) Unused instruments in containers that have been opened must be resterilized after
a twenty-four-hour period.
(5) Instruments contaminated before use, for example, dropping or touching a soiled
surface, must be resterilized before use.
(6) Needles or probes that have been used to treat a client must be:
(a) Mechanically precleaned using a clean cottonball or swab moistened with a
solution of low-residue detergent or a protein dissolving enzyme detergent and
cool water;
(b) Accumulated in a holding container by submersion in a solution of low-residue
detergent or a protein dissolving enzyme detergent and cool water;
(c) Thoroughly rinsed with warm water and drained;
(d) Cleaned by soaking in a protein dissolving enzyme detergent used according
to manufacturer's instructions cleaned in an ultrasonic cleaning unit or used
according to manufacturer's instructions; and
(e) Rinsed and dried.
(7) Needles or probes and forceps or tweezers must be packaged individually or in
small multiples, or unpackaged and placed in cleaned and dried stainless steel or
heat-tempered glass containers. All containers must have well-fitting lids that are
clean and dry.
(8) Cleaned instruments or items must be sterilized by one of the following methods:
(a) Dry heat. The following temperatures relate to the time of exposure after
attainment of the specific temperature and do not include a heat-up lag time.
[1] Three hundred forty degrees Fahrenheit [170 degrees Celsius] for one
hour; or
[2] Three hundred twenty degrees Fahrenheit [160 degrees Celsius] for two
hours.
(b) Moist heat - autoclave. The following exposure times relate only to the time the
material is at temperature and does not include a penetration or heat-up lag
time.
[1] Fifteen minutes at two hundred fifty degrees Fahrenheit [121 degrees
Celsius]; fifteen pounds per square inch [103.5 kilopascals] for
unpackaged instruments or items; or
[2] Thirty minutes at two hundred fifty degrees Fahrenheit [121 degrees
Celsius]; fifteen pounds per square inch [103.5 kilopascals] for packaged
instruments or items.
(c) Other time-temperature relationships recommended by the manufacturer for a
specific instrument.

(9) Dry heat ovens and autoclaves (steam under pressure) must be approved by the
United States food and drug administration and must be cleaned, used, and
maintained according to the manufacturer's instructions.
(10) Sterilizers must have visible physical indicators, for example, thermometers, timers.
(11) Chemical (i.e., color change) indicators must be used on or in each package or
container to indicate items have been exposed to a sterilization process.
(12) Biological indicators must be used no less than once a month per sterilizer
according to manufacturer's instructions to assure mechanical function and
operator's technique and to determine sterilization efficiency and recorded in
permanent sterility assurancefile.
c. Aseptic technique must be followed when handling sterilized instruments or items.
d. To prevent accidental needle-stick injuries, disposable or damaged needles or probes
must not be recapped, bent, or otherwise manipulated by hand prior to disposal.
Disposable or damaged needles or probes must be placed in a sturdy puncture-resistant
container. Disposal of the container must be as follows:
(1) The contents must be disinfected with a freshly prepared dilution of household
bleach and water consisting of one part bleach and nine parts water; allowed to sit
for thirty minutes; solution poured off; and the container securely sealed and
disposed into the regular trash disposal, unless otherwise specified by department
and local health regulations; or
(2) Needles or probes may be decontaminated for handling by cleaning and sterilizing
consistent with the requirements in this section and placed in a puncture-resistant
container. The container must be securely sealed and disposed into the regular
trash disposal.
e. Removable tip of epilator needle or probe holder must be removed after each treatment
and cleaned with soap or detergent and water, rinsed, dried, and disinfected by
submersion in seventy percent isopropyl alcohol for a minimum of ten minutes. The
covered container used to hold the alcohol should be emptied at least daily or whenever
visibly contaminated, then cleaned, dried, and refilled with fresh alcohol. Nonremovable
tip of epilator needle or probe holders must be wiped with a detergent-germicide or
disinfectant after each treatment.
3. Environmental control and housekeeping.
a. Offices and treatment rooms must be clean, well-lighted, and well-ventilated.
b. A sink with hot and cold running water must be accessible to each treatment room.
c. Toilet facilities must be available.
d. A hospital-grade disinfectant-detergent registered by the environmental protection
agency must be used for all cleaning unless otherwise specifically stated in this chapter.
e. Fresh disposable paper drapes must be used on the treatment table or chair for each
client, or the treatment table or chair must be wiped down with detergent-germicide or
disinfectant or a bleach solution after each client.
f. Soiled disposable items must be discarded into a container lined with a plastic bag,
securely fastened, and disposed daily into the regular trash disposal.

g. Epilator needle or probe holder and the portion of the cord in direct contact with the client
or electrologist must be wiped with a detergent-germicide or disinfectant after each
treatment.
h. Magnifier or treatment lamps must be wiped with a detergent-germicide or disinfectant
after each treatment.
i. After each use, client eyeshields must be cleaned using a brush and soap or detergent
and water, then rinsed and dried.
j. Blood spills on environmental surfaces must be cleaned as follows:
(1) Disposable gloves must be worn;
(2) Paper towels used to blot up the visible material;
(3) Paper towels then discarded into a plastic bag, securely fastened and disposed into
the regular trash disposal;
(4) Area wiped down with paper towels and an environmental protection
agency-registered disinfectant-detergent or a freshly prepared one to one hundred
parts dilution of household bleach and water (one-fourth cup bleach and one gallon
[3.79 liters] water);
(5) Area allowed to air dry; and
(6) Paper towels and gloves discarded into a plastic bag, securely fastened and
disposed into the regular trash disposal.
4. Client infection control considerations.
a. Blood and body fluid precautions must be consistently used for all clients.
b. The skin site must be evaluated prior to each treatment.
c. Before treatment, the skin site must be cleansed of visible soil using soap and water or a
germicidal skin preparation, then wiped with an antiseptic product. Skin sites not visibly
soiled must be wiped with an acceptable antiseptic product.
d. After treatment, the skin site must be wiped with an acceptable antiseptic product.
e. Application of ice in a fresh disposable paper towel in a fresh plastic bag or healing
cream, lotion, or ointment, or a combination of these things, may be applied to the
treated skin site at the discretion of the electrologist. Creams, lotions, and ointments
must be kept in clean, covered containers and handled in a sanitary manner.
f. Client must be instructed on the appropriate posttreatment care to promote healing of the
treated skin site.
5. Exposures to hepatitis B virus (HBV), HIV, and other bloodborne pathogens.
a. Electrologists should be immunized against hepatitis B virus.
b. Universal precautions must be implemented with all clients.
c. The following steps should be taken when a needle or probe stick, puncture injury, or
mucous membrane exposure has occurred:
(1) Remove and discard gloves.

(2) Wash exposed surface with running water, soap or germicidal handwashing
solution. If wound is bleeding, allow to bleed. After thoroughly cleaning the wound,
apply alcohol, betadine, or hydrogen peroxide. If there is mucous membrane
exposure, flush exposed area thoroughly with water.
(3) Immediate contact should be made with electrologist's personal physician
forappropriate consultation, for example, for necessary postexposure strategies.
(4) Documentation of the exposure should be made, including: date, route of exposure,
circumstance under which exposure occurred, name of source client, followup
testing, and any necessary postexposure prophylaxis.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-03
### § 33-03-11.1-11. Location of business.

Repealed effective May 1, 1994.
### § 33-03-11.1-12. Equipment.

Practicing electrologists shall maintain the following equipment:
1. A probe-type epilator approved by the federal communications commission.
2. A sufficient supply of sterile disposable or nondisposable needles or probes, probe tips, and
forceps or tweezers for each patient.
3. A treatment light to enable adequate visualization of the treatment area.
4. A hemostat, forceps, or tweezer forcep to transfer sterile instruments utilizing aseptic
techniques.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-03
### § 33-03-11.1-13. Restrictions to practice.

Electrologists may not perform electrology treatment if any of the following are present:
1. Licensee is diagnosed as having a communicable disease or parasitic infection.
2. The hair to be removed is in an area of high bacterial colonization such as nostrils or ear
canals.
3. The hair to be removed is from a wart, mole, birthmark, eyelashes, a diabetic client, or a client
with a pacemaker unless written permission for the treatment has been obtained from the
client's physician prior to treatment.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-03

### § 33-03-11.1-14. Client records.

Licensed electrologists shall compile and maintain a record of health history assessment
information on each client. Each record must include at least:
1. Name and address of client.
2. Type of treatment required or requested and physician permission if necessary.
3. Description of hair and skin.
4. Date, duration, and area of each treatment.
5. Special instructions or notations relating to treatment precautions or needs, such as allergies
or a pacemaker.
6. Name and telephone number of referring physician if applicable.
7. Outcome of treatment.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-03
### § 33-03-11.1-15. Complaints.

After receipt of a complaint regarding violation of electrology licensure rules, the department shall
request that the complainant submit the complaint in writing. Confidentiality regarding the identity of the
complainant will be maintained if requested by the complainant.
1. The department shall send a written summary of the complaint by certified mail to the
electrologist requesting a written reply to the allegation.
2. A reply from an electrologist will be considered by the department if received within fourteen
days of the date on which the electrologist received the complaint summary.
3. The department will determine if further action is required in investigating the complaint.
4. A summary of the results of the investigation will be sent to the complainant and the licensed
electrologist within fourteen days of the completion of the investigation.
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-03
### § 33-03-11.1-16. Penalties for infraction of this chapter.

The department may invoke penalties for violations of this chapter.
1. The department, based on a determination that a licensee has violated or continues to violate
this chapter, may suspend, revoke, or impose a provisional license.
2. The department may levy a civil money penalty against an electrologist in an amount not to
exceed twenty-five dollars per day for noncompliance with this chapter.
History: Effective February 1, 1992.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-03

### § 33-03-11.1-17. Approved training program.

Only programs that the department determines to meet the curriculum criteria in section
1. A department-approved electrology training program must have a curriculum that contains, at
a minimum, six hundred hours, three hundred seventy of which are practical training.
2. Curriculum content for an approved electrology training program must include the following:
Law and rules
Bacteriology
Sanitation and sterilization
Anatomy and physiology
Endocrinology
Structure, dynamics, and
diseases of skin and hair
Circulatory and nervous system
Electricity
Electrolysis
Galvanic
Thermolysis
Blend
Draping and positioning
Professional ethics and business
practices
History: Effective February 1, 1992; amended effective May 1, 1994.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-03
