Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol.31,No.25, June 24, 2005 issue of the Florida Administrative Weekly.

The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee (JAPC). The Board, at its meeting held on April 8, 2005, reviewed the Council’s recommendation and the Electrolysis Committee’s recommendation. The Board voted to change the rule to address the concerns submitted by JAPC. The changes are as follows:

1. Subsection (3) of the rule shall be deleted in its entirety.

2. The proposed new subsection (4) shall be renumbered as subsection (3).

3. The proposed changes to subsection (5) shall be renumbered as subsection (4).

4. The proposed new subsection (5) (t) shall be renumbered as subsection (5) and shall be changed to read as follows:

(5) The Board designates the following as electrology citations violations in laser or light based hair removal. Failure to have:

(a) Written designation of laser safety officer

(64B8-51.006(3)(g)4., F.A.C.)

First time violation $150, Subsequent violations $300.

(b) Appropriate sign on door of laser room

(64B8-51.006 (3)(g)5., F.A.C.) as required by ANSI Standard Z136.1-2000, available from American National Standards Institute, 25 West 43^rd Street, 4^th Floor, New York, New York 10036.

First time violation $150, Subsequent violation $300.

(64B8-51.006(3)(g)9., F.A.C.)

First time violation $150, Subsequent violation $300.

(d) Lock on door of laser room

(64B8-51.006(3)(g)6., F.A.C.)

First time violation $150, Subsequent violation $300.

(e) Fire extinguisher in vicinity of laser room

(64B8-51.006(3)(g)8., F.A.C.)

First time violation $150, Subsequent violation $300.

(f) Written protocols that are signed, dated, and maintained in a readily available location on the premises where the electrologist practices

(64B8-56.002(4)(a), F.A.C.)

First time violation $200, Subsequent violation $400.

(g) Copy of protocols filed with the Department of Health

(64B8-56.002(4)(a), F.A.C.)

First time violation $200, Subsequent violation $400.

(h) Professional liability coverage that includes coverage for incidents arising from laser usage in an amount not less than $100,000.

(64B8-56.002(4)(e), F.A.C.)

First time violation $250, Subsequent violation $500.

(i) At least one piece of properly registered laser equipment located within the electrology facility

(64B8-56.002(1)(b), F.A.C.)

First time violation $300, Subsequent violation $600.

(j) Protective eyewear for all persons in laser room during operation of laser

(64B8-51.006(3)(g)7., F.A.C.)

First time violation $300, Subsequent violation $600.

(k) Proof of certification of 30 hours of continuing education in laser hair removal for all electrologists using laser equipment in the facility

(64B8-52.004, F.A.C.)

First time violation $500, Subsequent violation $1000.

(l) Proof of certification as Certified Medical Electrologist for all persons who use laser equipment in the facility, who are not exempt and are licensed electrologists

(64B8-56.002(2)(b), F.A.C.)

First time violation $500, Subsequent violation $1000.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Love, Executive Director, Electrolysis Council, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3255.