53 N.J.R. 1558(a)

VOLUME 53, ISSUE 18, SEPTEMBER 20, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 1558(a)
NJ - New Jersey Register  >  2021  >  SEPTEMBER  >  SEPTEMBER 20, 2021  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF MEDICAL EXAMINERS > ELECTROLOGISTS ADVISORY COMMITTEE

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:35-12.1, 12.2, 12.6 through 12.13, 12.15, and 12.19  
Proposed Repeal and New Rule: N.J.A.C. 13:35-12.14  
Proposed New Rules: N.J.A.C. 13:35-12.10A, 12.14A, and 12.14B
Text

  Electrologists Advisory Committee Rules
Authorized By: State Board of Medical Examiners, Terri Goldberg, Acting Executive Director.
Authority: N.J.S.A. 45:9-37.81; and P.L. 2013, c. 182.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2021-092.
Submit comments by November 19, 2021, to:

Jay A. Malanga, Executive Director
Electrologists Advisory Committee
124 Halsey Street
PO Box 45041
Newark, New Jersey 07101

or electronically: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:
Summary
The State Board of Medical Examiners (Board) in consultation with the Electrologists Advisory Committee (Committee) is proposing amendments, a repeal, and new rules to implement new laws, update its rules, and codify practices. Throughout its rules, the Board proposes to change all references from "office license" to "office premises license," remove all references to the Certified Technical Trainer (CTT) Examination, which no longer exists, and update references to change "infection control" to "infection prevention." In addition, to implement P.L. 2013, c. 182, which modified the renewal, reinstatement, and reactivation requirements for professional or occupational licensees, the Board proposes to repeal the existing requirements concerning renewal, reactivation, and reinstatement, respectively, at N.J.A.C. 13:35-12.14.  
The Board proposes to amend N.J.A.C. 13:35-12.1(b) to change "office license" to "office premises license."  
The Board proposes to amend the definitions at N.J.A.C. 13:35-12.2 to amend the term Certified Professional Electrologist examination to include its acronym "CPE," delete the term "Certified Technical Trainer Examination" because this examination no longer exists, and to amend the definition of the term "licensee" to correct the name of the Committee. In addition, the Board proposes to amend N.J.A.C. 13:35-12.6(a)5 and 12.8(b) to correct the name of the CPE examination.  
The Board proposes to amend N.J.A.C. 13:35-12.7(a)3 and 12.9(b) to remove reference to the CTT Examination, which no longer exists, and to replace it with an examination administered by the Committee.  
The Board proposes to amend N.J.A.C. 13:35-12.10(a) to change "office license" to "office premises license" and to amend paragraph (a)2 to change "permit" to "obtain." The Board also proposes to delete subsection (f) because it expired on July 19, 2006.  
Currently, the provisions concerning renewal, reinstatement, and reactivation of an office premises license are set forth at N.J.A.C. 13:35-12.14. The Board proposes to repeal and replace this section with two separate sections governing the provisions concerning licenses for an individual and those for office premises. As part of this rulemaking, the Board proposes to relocate the renewal and reinstatement provisions that relate to an office premises license at N.J.A.C. 13:35-12.14 as new N.J.A.C. 13:35-12.10A. Subsection (a), relocated from N.J.A.C. 13:35-12.14(a), requires the office premises license holder to submit the renewal application and fee at least 30 days prior to the expiration of the current license. Subsection (b), relocated from N.J.A.C. 13:35-12.14(a), provides that the office premises license is not transferable or assignable and the intended new operator of an office premises shall file with the Committee, a new office premises license application within 10 days of the change. Subsection (c), relocated from N.J.A.C. 13:35-12.14(a)4, states that an office premises licensee who continues to offer electrology services with a suspended license is engaging in the unauthorized practice of electrology. Proposed new subsection (d) details the Committee's responsibility for providing licensees with renewal notices. Proposed new subsection (e) sets forth the process for an office premises licensee to reinstate an administratively suspended office premises license.  
The Board proposes to amend the reference to "infection control" to "infection prevention" in the heading and at subsection (a) at N.J.A.C. 13:35-12.11. In addition, the Board proposes to add new paragraph (e)2 to specify the procedure for hand sanitizing. The Board also proposes to codify the existing requirement for gloves to be removed, discarded, and hands washed as paragraph (e)1, and to amend it to include that hands may be sanitized as an alternative to the requirement for hands being washed. The Board also proposes to amend subsection (g) by recodifying, without change, paragraphs (g)2 and 3 (that is, paragraph (g)2 becomes 3 and paragraph (g)3 becomes 2) to change the order in which instruments must be cleaned prior to sterilization. In addition, the Board proposes to amend subsection (h) to specify that the instruments must be cleaned in accordance with subsection (g) prior to being packaged.  
The Board proposes to amend N.J.A.C. 13:35-12.12(a)1 to change "office license" to "office premises license." In addition, the Board proposes to amend N.J.A.C. 13:35-12.13 to correct the name of the CPE examination and replace the reference to the CTT examination with an instructor examination administered by the Committee.  
The Board proposes new N.J.A.C. 13:35-12.14, 12.14A, and 12.14B, which, respectively, set forth requirements for a biennial license and the election of inactive licensure status and establish requirements for licensure reactivation and reinstatement following an administrative license suspension.  
Proposed new N.J.A.C. 13:35-12.14 pertains to license renewal. Proposed subsection (a) details the Committee's responsibility for providing licensees with renewal notices. Proposed subsection (b) requires licensees to renew their license prior to license expiration. Proposed subsection (c) permits licensees to place their license on inactive status. Proposed subsection (d) establishes a 30-day grace period after the license has expired, during which time a licensee may still renew the license and continue to practice. Proposed subsection (e) mandates that any license not renewed by the end of the grace period will be administratively suspended. Proposed subsection (f) sets forth the consequences for continued practice after an individual's license has been administratively suspended.  
Proposed new N.J.A.C. 13:35-12.14A pertains to reactivation of an inactive license. Consistent with P.L. 2013, c. 182, the Board proposes to prorate the biennial renewal fee, based upon the year of the biennial renewal period in which the renewal application is submitted. Also, consistent with P.L. 2013, c. 182, the Committee will assess each [page=1559] application for reactivation on a case-by-case basis. With respect to the continuing education required to reactivate an inactive license, if the applicant holds a valid, current license in good standing issued by another state to engage in the practice of electrology, the Committee will accept proof of the applicant having satisfied that state's continuing education requirements. Otherwise, the applicant must satisfy the Committee's continuing education requirements for the biennial period immediately prior to the renewal period for which reactivation is sought. All applicants, including those who satisfy another state's continuing education requirements, must still satisfy the continuing education requirement pertaining to universal precautions as set forth at N.J.A.C. 13:35-12.19(c).  
Proposed new N.J.A.C. 13:35-12.14A(a) lists the documentation that a licensee on inactive status must provide to the Board when applying for reactivation of that person's license. Proposed new subsection (b) sets forth the criteria that the Committee must consider when reviewing an application to determine practice deficiencies and grants the Committee discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reactivation.  
Proposed new N.J.A.C. 13:35-12.14B relates to reinstatement of a license that has been administratively suspended. Consistent with P.L. 2013, c. 182, the proposed new rule eliminates the differing standards for reinstating an administratively suspended license based upon the period the license was suspended. Instead, the Committee will assess each application for reinstatement on a case-by-case basis. In addition, applicants seeking reinstatement will be required to pay the renewal fees for the current and one prior renewal period, instead of all past delinquent renewal fees. With respect to the continuing education required to reinstate an administratively suspended license, if the applicant holds a valid, current license in good standing issued by another state to engage in the practice of electrology, the Committee will accept proof of the applicant having satisfied that state's continuing education requirements. Otherwise, the applicant must satisfy the Committee's continuing education requirements for the biennial period immediately prior to the renewal period for which reinstatement is sought. All applicants, including those who satisfy another state's continuing education requirements, must still satisfy the continuing education requirement pertaining to universal precautions as set forth at N.J.A.C. 13:35-12.19(c).  
Proposed N.J.A.C. 13:35-12.14B(a) lists the documentation that a licensee, whose license has been administratively suspended, must provide to the Committee in order to apply for reinstatement of one's license. Proposed subsection (b) sets forth the criteria that the Committee must consider when reviewing an application to determine whether there are practice deficiencies and grants the Committee discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reinstatement.  
The Board proposes to amend N.J.A.C. 13:35-12.15(b) and (d) to change the references to "office license" to "office premises license."  
The Board proposes to amend N.J.A.C. 13:35-12.19(d) and (h) to correct, respectively, the name of the CPE examination and the acronym for the Continuing Education Review Committee.  
The Board has provided a 60-day comment period for this notice of proposal, therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.  
Social Impact  
The Board believes that the proposed amendments, repeal, and new rules will have a positive social impact upon licensees and the public.  
The proposed amendments at N.J.A.C. 13:35-12.11 will have a positive impact on licensees and the public health and safety by providing the regulated community with specific instructions for hand sanitizing and clarifying the process for cleaning and packaging instruments.  
The Board believes that proposed new N.J.A.C. 13:35-12.14A and 12.14B, relating to reactivation and reinstatement, will make it easier for electrologists to resume the practice of electrology after holding an inactive license or following a period of administrative suspension. The proposed new rules allow electrologists to submit proof of compliance with another state's continuing education requirements. In addition, proposed new N.J.A.C. 13:35-12.14B no longer mandates retaking the licensing examination if the period of administrative suspension is for more than five years, but provides the Committee the flexibility to determine if remediation is necessary to continue to ensure the safety and welfare of the public.  
Economic Impact  
The Board believes that the proposed amendments, repeal, and new rules, except as discussed below, will not impose any new costs upon licensees, applicants, or consumers.  
Proposed new N.J.A.C. 13:35-12.14A and 12.14B may continue to have the same economic impact on licensees as existing N.J.A.C. 13:35-12.14 to the extent that licensees incur costs associated with submitting the documentation and fees required for reactivating or reinstating an inactive license. The Board believes that these proposed new rules will also have an economic impact to the extent the Board deems applicants in need of remediation and requires them to pass an examination or complete additional education or training. The Board also believes that these proposed new rules may have a positive economic impact on electrologists seeking to reactivate or reinstate their licenses. Accepting the continuing education requirements of another state may save licensees the costs associated with completing the Committee's continuing education requirements. The Board believes that these proposed new rules may also have a positive economic impact on licensees seeking reinstatement because, in accordance with P.L. 2013, c. 182, they are no longer required to pay all past delinquent renewal fees, but only the fee for the biennial period immediately preceding the renewal period for which reinstatement is sought.  
Federal Standards Statement  
A Federal standards analysis is not required because the proposed amendments, repeal, and new rules are governed by N.J.S.A. 45:9-37.76 et seq., and are not subject to any Federal standards or laws.  
Jobs Impact  
The Board does not anticipate that the proposed amendments, repeal, and new rules will result in an increase or decrease in the number of jobs in the State.  
Agriculture Industry Impact  
The proposed amendments, repeal, and new rules will have no impact on the agriculture industry in the State.  
Regulatory Flexibility Analysis  
The Board licenses approximately 145 electrologists, and 90 holders of an office premises license. The Board currently licenses no electrology instructors. If electrologists and office premises license holders are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.  
The proposed amendments, repeals, and new rules do not impose any new recordkeeping or reporting requirements on licensed electrologists, electrology instructors, or holders of an office premises license. The proposed amendments and new rules impose new compliance requirements, which are discussed in the Summary above. No professional services will be needed to comply with the proposed amendments and new rules. The costs of compliance with the proposed amendments and new rules are discussed in the Economic Impact above. The Board believes that the proposed amendments and new rules should be uniformly applied to all licensed electrologists, electrology instructors, or holders of an office premises license in order to ensure the welfare of the general public in the provision of electrology services. Therefore, no differing compliance requirements for licensed electrologists, electrology instructors, or holders of an office premises license are provided based upon the size of the business.  
Housing Affordability Impact Analysis  
The proposed amendments, repeal, and new rules will have an insignificant impact on the affordability of housing in New Jersey; and there is an extreme unlikelihood that the proposed amendments, repeal, and new rules would evoke a change in the average costs associated with housing because the proposed amendments, repeals, and new rules concern the practice of electrology in the State.  
[page=1560]    
Smart Growth Development Impact Analysis  
The proposed amendments, repeal, and new rules will have an insignificant impact on smart growth; and there is an extreme unlikelihood that the proposed amendments, repeal, and new rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments, repeal, and new rules concern the practice of electrology in the State.  
Racial and Ethnic Community Criminal Justice and Public Safety Impact  
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.  
Full text of the rule proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:35-12.14.  
Full text of the proposed amendments and new rules follows (additions indicated in boldface   thus; deletions indicated in brackets [thus]):  
SUBCHAPTER 12.  ELECTROLOGISTS ADVISORY COMMITTEE; LICENSURE OF ELECTROLOGISTS AND ELECTROLOGY INSTRUCTORS; ELECTROLOGY STANDARDS OF PRACTICE  
13:35-12.1  Purpose and scope  
(a) (No change.)  
(b) This subchapter shall apply to all applicants seeking licensure as an electrologist, electrology instructor, or an office   premises  license and   to licensed electrologists, licensed electrology instructors, and licensed offices.  
13:35-12.2  Definitions  
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:  
. . .  
"Certified Professional Electrologist   (CPE) Examination" means the examination administered by the American Electrology Association.  
["Certified Technical Trainer Examination" means the examination administered by the Educational Testing Service.]  
. . .  
"Licensee" means an individual holding a license issued by the [Electrology]  Electrologists Advisory Committee of the State Board of Medical Examiners.  
. . .  
13:35-12.6  Licensing requirements for electrologist  
(a) To be eligible for licensure as an electrologist, an applicant shall fulfill the following requirements:  
1.-4. (No change.)  
5. Have passed the Certified Professional [Electrology]   Electrologist  (CPE) Examination, or its successor; and  
6. (No change.)  
(b) (No change.)  
13:35-12.7  Licensing requirements for electrology instructor  
(a) To be eligible for licensure as an electrology instructor, an applicant shall fulfill the following requirements:  
1.-2. (No change.)  
3. Have passed the [Certified Technical Trainer (CTT) Examination]   examination    administered by the Committee.  
13:35-12.8  Application for license: electrologist  
(a) (No change.)  
(b) If the applicant meets the requirements [of]   at  (a) above, the Committee shall advise the applicant that [he or she]   the applicant is eligible to take the Certified Professional [Electrology]   Electrologist (CPE) Examination, or its successor, and the New Jersey Electrology Jurisprudence Examination.  
13:35-12.9  Application for license: electrology instructor  
(a) (No change.)  
(b) If the applicant meets the requirements [of]   at  (a) above, the Committee shall advise the applicant that [he or she]   the applicant is eligible to take the [Certified Technical Trainers (CTT) Examination]   examination administered by the Committee.  
13:35-12.10   Licensing requirements for office premises  
(a) To be eligible for an office   premises license, a person, firm, corporation, partnership, or other legal entity intending to open and operate an electrologist's office shall:  
1. (No change.)  
2. [Permit]   Obtain a permit and pass inspections of the premises; and  
3. (No change.)  
(b)-(e) (No change.)  
[(f) The Board may provide exemptions to the licensing requirements of this section for a maximum of two years if an applicant can demonstrate that the applicant cannot comply with these requirements due to a pre-existing lease agreement and that such exemption or exemptions will not impair the health, safety or welfare of clients. This subsection shall expire on July 19, 2006.]  
13:35-12.10A    License renewal; reinstatement: office premises  
(a) An office premises license holder who seeks renewal of the holder's office premises license shall submit a license renewal application and the license renewal fee as set forth at N.J.A.C. 13:35-12.22 to the Committee at least 30 days prior to the expiration of the current license. An office premises licensee who submits a renewal application within 30 days of expiration shall pay the late fee as set forth at N.J.A.C. 13:35-12.22. An office premises licensee who fails to submit a renewal application within 30 days of expiration shall have the licensee's office premises license suspended without a hearing.  
(b) An office premises license is not transferable or assignable. The intended new operator of an office premises shall file, with the Committee, a new office premises license application within 10 days of the change.  
(c) An office premises licensee who continues to offer electrology services with a suspended license shall be deemed to be engaging in the unauthorized practice of electrology and shall be subject to the penalties as set forth at N.J.S.A. 45:1-25 et seq.  
(d) The Committee shall send a notice of renewal to the office premises licensee at least 60 days prior to the expiration of the license. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.  
(e) An office premises licensee seeking reinstatement following the suspension of an office premises license pursuant to (a) above shall submit:  
1. A completed application and the application fee as set forth at N.J.A.C. 13:35-12.22;  
2. For an office premises licensee seeking reinstatement within the same biennial period of the expiration of the license, payment of a late fee as set forth at N.J.A.C. 13:35-12.22;  
3. For an office premises licensee seeking reinstatement in a biennial period subsequent to the period in which the license expired, payment of a reinstatement fee as set forth at N.J.A.C. 13:35-12.22; and  
4. One of the following certifications:  
i. A certification of licensure in good standing from any other state or jurisdiction in which the applicant has held an electrology office premises license during the period the license was suspended in this State;  
ii. Certification by the applicant stating that the applicant has operated an electrology office premises in a state or jurisdiction which does not require certification or licensure, during the period the license was suspended in this State; or  
iii. Certification stating that the applicant has not held an electrology office premises license, in this or any other jurisdiction, during the period the license was suspended in this State.  
[page=1561] 13:35-12.11 Infection [control]   prevention standards  
(a) Electrologists shall comply with the standard precautions for infection [control]   prevention as set forth in this section.  
(b)-(d) (No change.)  
(e) Electrologists shall wear a new pair of non-sterile disposable examination gloves during the treatment of each client and during the procedures of soaking, cleaning, rinsing, and drying of forceps and other instruments.  
1.  Gloves shall be removed, discarded, hands washed   or sanitized, and new gloves put on:  
Recodify existing 1.-2. as   i.-ii. (No change in text.)  
2. For purposes of this subsection, hand sanitizing shall be achieved by:  
i. Applying the product label recommended amount of an antiseptic alcohol-based gel or rinse to the palm of one hand;  
ii. Rubbing hands together, covering all the surfaces of the hands, especially between the fingers and fingernail areas; and  
iii. Continuing to rub hands together at least 15 seconds or until the alcohol dries.  
(f) (No change.)  
(g) Instruments shall be cleaned prior to sterilization by:  
1. (No change.)  
2.    Cleaning in an ultrasonic cleaning unit according to the manufacturer's instructions; and  
[2.]  3.  Thoroughly rinsing with water[; or].  
[3. Cleaning in an ultrasonic cleaning unit according to manufacturer's instructions;]  
(h) [Instruments]   Only after the instruments are cleaned in accordance with (g) above, shall   instruments be packaged individually or in packages of several instruments that would be used for an individual client and must contain a heat indicator.   The instruments shall not be packaged until they are cleaned in accordance with (g) above.  
(i)-(n) (No change.)  
13:35-12.12   Posting of licenses and required notices  
(a) All licensed office premises shall clearly display the following:  
1. The office   premises license;  
2.-3. (No change.)  
(b) (No change.)  
13:35-12.13   Examination requirements; reexamination  
(a) Except as provided [in]   at  N.J.A.C. 13:35-12.5, an applicant for licensure as an electrologist shall successfully complete the Certified Professional [Electrology]   Electrologist (CPE) Examination, or its successor, and the New Jersey Electrology Jurisprudence Examination.  
(b) An applicant, who has previously taken the Certified Professional [Electrology]   Electrologist Examination (CPE), or its successor, shall have successfully completed the examination within five years of application for an electrologist license.  
(c) An applicant for licensure as an electrology instructor shall successfully complete the [Certified Technical Trainer Examination, or its successor]   examination administered by the Committee.  
(d) The applicant shall be eligible to take either the Certified Professional [Electrology]   Electrologist  (CPE) Examination, or its successor, or the [Certified Technical Trainer Examination (CTT), or their successor]   instructor examination administered by the Committee, for one year from the date the Committee advises the applicant that [he or she]   the applicant is eligible to sit for the examination or for two administrations of the examination unless the applicant can demonstrate undue hardship to the Committee.  
(e) If an applicant fails the Certified Professional [Electrology]   Electrologist (CPE) Examination, or its successor, twice, the applicant may take the examination a third time only if the applicant completes an electrology course(s) as directed by the Committee, from an accredited electrology education program and submits to the Committee a certification of program completion.  
13:35-12.14       License renewal: electrologist and electrology instructor  
(a) The Committee shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew, provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.  
(b) A licensee shall renew one's license for a period of two years from the last expiration date. The licensee shall submit a renewal application to the Committee, along with the renewal fee as set forth at N.J.A.C. 13:35-12.22, prior to the date of license expiration.  
(c) A licensee may renew one's license by choosing inactive status. A licensee electing to renew the licensee's license as inactive shall not engage in the practice of electrology, or hold oneself out as eligible to engage in the practice of electrology in New Jersey, until such time as the license is returned to active status.  
(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth at N.J.A.C. 13:35-12.22. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.  
(e) A licensee who fails to submit a renewal application within 30 days of license expiration shall have one's license suspended without a hearing.  
(f) A licensee who continues to engage in the practice of electrology with a suspended license shall be deemed to be engaging in the unauthorized practice of electrology and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.  
13:35-12.14A    License reactivation: electrologist and electrology instructor  
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:35-12.14(c) may apply to the Committee for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:  
1. A renewal application;  
2. A certification of employment listing each job held during the period the license was inactive, which includes the name, address, and telephone number of each employer;  
3. The renewal fee for the biennial period for which reactivation is sought as set forth at N.J.A.C. 13:35-12.22.  
i. If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth at N.J.A.C. 13:35-12.22.  
ii. If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth at N.J.A.C. 13:35-12.22; and  
4. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth at N.J.A.C. 13:35-12.19.  
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of electrology and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements at (a)4 above. If the other state does not have any continuing education requirements, the requirements at (a)4 above shall apply.  
ii. Notwithstanding (a)4i above, an applicant shall satisfy the continuing education requirement pertaining to universal precautions as set forth at N.J.A.C. 13:35-12.19(c).  
(b) If Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Committee may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational [page=1562]   needs, the Committee may require the applicant, as a condition of reactivation of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Committee determines is necessary to assure that the applicant practices with reasonable skill and safety. The Committee, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Committee following the restoration of the license. In determining whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive list of factors:  
1. Length of time license was inactive;  
2. Employment history;  
3. Professional history;  
4. Disciplinary history and any action taken against the applicant's license by any licensing board;  
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of electrology or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;  
6. Pending proceedings against a professional or occupational license issued to the licensee by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and  
7. Civil litigation related to the practice of electrology or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.  
13:35-12.14B     License reinstatement: electrologist and electrology instructor  
(a) A licensee whose license has been suspended pursuant to N.J.A.C. 13:35-12.14(e) may apply to the Committee for reinstatement. A licensee applying for reinstatement shall submit:  
1. A reinstatement application;  
2. A certification of employment listing each job held during the period of suspended license, which includes the name, address, and telephone number of each employer;  
3. The renewal fee for the biennial period for which reinstatement is sought;  
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;  
5. The reinstatement fee as set forth at N.J.A.C. 13:35-12.22; and  
6. Evidence of having completed all continuing education credits that were required to be completed during the biennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements as set forth at N.J.A.C. 13:35-12.19.  
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the practice of electrology and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements at (a)6 above. If the other state does not have any continuing education requirements, the requirements at (a)6 above shall apply.  
ii. Notwithstanding (a)6i above, an applicant shall satisfy the continuing education requirement pertaining to universal precautions set forth at N.J.A.C. 13:35-12.19(c).  
(b) If Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Committee may require the applicant to submit to, and successfully pass, an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reinstatement of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Committee determines is necessary to assure that the applicant practices with reasonable skill and safety. The Committee, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Committee following the restoration of the license. In determining whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive list of factors:   
1. Length of time license was suspended;  
2. Employment history;  
3. Professional history;  
4. Disciplinary history and any action taken against the applicant's license by any licensing board;  
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of electrology or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;  
6. Pending proceedings against a professional or occupational license issued to the licensee by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and  
7. Civil litigation related to the practice of electrology or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.  
13:35-12.15   Unlicensed practice  
(a) (No change.)  
(b) No person, firm, corporation, partnership, or other legal entity shall operate, maintain, or use premises for the rendering of any service as provided in the definition of electrology [at N.J.A.C. 13:35-12.2] without first having secured an office   premises license from the Board.  
(c) (No change.)  
(d) The holder of an office   premises license shall not aid, abet, or permit a person not licensed by the Board to render any services encompassed within the definition of electrology [pursuant to N.J.A.C. 13:35-12.2].  
13:35-12.19   Continuing education[,]; programs[,]; standards  
(a)-(g) (No change.)  
(h) A licensee may obtain continuing education credits from the following:  
1. Successful completion of programs, courses, or seminars approved by the Continuing Education Review [(CER)] Committee   (CERC) of the American Electrology Association or the Committee pursuant to (i) below. The Committee shall approve only such continuing education programs as are available to all electrologists in this State on a reasonable nondiscriminatory basis. Programs may be held within or out of the State, but shall be held, so as to allow electrologists in all areas of the State to attend. The Committee shall maintain a list of all approved programs, courses, and lectures at the Committee office and shall furnish this information to   the licensees upon request;  
2.-5. (No change.)  
(i)-(m) (No change.)