eLaws of Florida

  SECTION 478.52. Disciplinary proceedings.  


Latest version.
  • 1(1) 2The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 19456.072(2)20:
    21(a) 22Obtaining or attempting to obtain a license by bribery, fraud, or knowing misrepresentation.
    35(b) 36Having a license or other authority to deliver electrolysis services revoked, suspended, or otherwise acted against, including denial of licensure, in another jurisdiction.
    59(c) 60Being 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.
    90(d) 91Willfully 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.
    134(e) 135Circulating false, misleading, or deceptive advertising.
    141(f) 142Unprofessional conduct, including any departure from, or failure to conform to, acceptable standards related to the delivery of electrolysis services.
    162(g) 163Engaging or attempting to engage in the illegal possession, sale, or distribution of any illegal or controlled substance.
    181(h) 182Willfully failing to report any known violation of this chapter.
    192(i) 193Willfully or repeatedly violating a rule adopted under this chapter, or an order of the board or department previously entered in a disciplinary hearing.
    217(j) 218Engaging in the delivery of electrolysis services without an active license.
    229(k) 230Employing an unlicensed person to practice electrology.
    237(l) 238Failing to perform any statutory or legal obligation placed upon an electrologist.
    250(m) 251Accepting and performing professional responsibilities which the licensee knows, or has reason to know, she or he is not competent to perform.
    273(n) 274Delegating professional responsibilities to a person the licensee knows, or has reason to know, is unqualified by training, experience, or licensure to perform.
    297(o) 298Gross or repeated malpractice or the inability to practice electrology with reasonable skill and safety.
    313(p) 314Judicially determined mental incompetency.
    318(q) 319Practicing or attempting to practice electrology under a name other than her or his own.
    334(r) 335Being 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 which impairs one’s ability to practice.
    3711. 372The 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.
    4602. 461A 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.
    4943. 495In any proceeding under this paragraph, the record of proceedings or the orders entered by the board may not be used against a licensee in any other proceeding.
    523(s) 524Disclosing 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.
    558(t) 559Practicing or attempting to practice any permanent hair removal except as described in s. 573478.42(5)574.
    575(u) 576Operating any electrolysis facility unless it has been duly licensed as provided in this chapter.
    591(v) 592Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
    607(2) 608The board may enter an order denying licensure or imposing any of the penalties in s. 624456.072(2) 625against 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. 657456.072(1)658.
    659(3) 660The 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.
    702(4) 703The board, with the assistance of the council, may, by rule, establish guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include minimum and maximum fines, periods of supervision on probation, or conditions upon probation or reissuance of a license.
History.-s. 13, ch. 92-172; s. 409, ch. 97-103; s. 148, ch. 97-264; s. 44, ch. 2001-277; s. 20, ch. 2005-240.

Bills Cite this Section:

None

Cited by Court Cases:

None