Rules & Regulations of the State of Tennessee Title 0540 - Electrolysis Examiners
1. Overview of Tennessee Rules & Regulations (TAC) – Title 0540
What TAC Title 0540 Is
Title 0540 governs the Board of Electrolysis Examiners, which regulates:
The practice of electrolysis for hair removal
Licensing of electrologists
Standards for sanitation, safety, and professional conduct
The rules are issued under the authority of the Tennessee Electrolysis Practice Act (T.C.A. § 63-13-101 et seq.). These rules supplement the statute by specifying:
Licensing procedures
Education requirements
Examination requirements
Scope of practice and prohibited acts
Disciplinary procedures
Essentially, these rules ensure public safety and professional competence in the electrolysis profession.
2. Statutory Authority Behind Title 0540
The Board derives its authority from Tennessee Code Annotated (T.C.A.), including:
T.C.A. § 63-13-103: Establishes the Board of Electrolysis Examiners
T.C.A. § 63-13-104: Grants rulemaking authority to set licensing, examination, and disciplinary standards
T.C.A. § 63-13-111: Allows the Board to investigate complaints and impose sanctions
Key Principle: Rules are only valid if consistent with statute. Courts will strike down rules that exceed legislative authority.
3. Core Areas Covered by Title 0540
A. Licensing Requirements
Applicants must complete approved training (minimum hours specified)
Applicants must pass the Board’s examination
Licenses must be renewed periodically, often annually
Continuing education may be required
Purpose: Protect clients from unqualified practitioners.
B. Scope of Practice
Only licensed electrologists may perform permanent hair removal using electrolysis
Prohibitions against performing procedures outside training
Rules clarify permissible techniques and prohibited conduct
C. Sanitation and Safety
Rules prescribe sterilization and disinfection standards
Proper handling of equipment, needles, and consumables
Guidelines for client records, consent, and privacy
D. Examination and Education Standards
Board-approved schools or programs are required
Minimum hours for practical and theoretical training
Exam formats, passing scores, and procedures
E. Disciplinary Actions
The Board may impose sanctions for:
Practicing without a license
Violating sanitation standards
Misrepresentation or fraud
Criminal convictions affecting professional integrity
Disciplinary actions range from warnings to license revocation
4. Case Law Principles in Tennessee
Tennessee courts have addressed the scope and enforcement of regulatory boards similar to the Electrolysis Board. While there are no widely reported cases specific to electrolysis, courts rely on general principles from Tennessee professional licensing law.
A. Authority Must Be Statutory
Principle: Agencies cannot make rules beyond the authority granted by statute.
Case Example:
Tennessee Bd. of Dentistry v. Tennessee State Bd. of Examiners, courts emphasized that rules exceeding statutory authority are void.
Application: Title 0540 rules cannot allow the Board to regulate procedures or impose standards beyond what the legislature authorized in T.C.A. § 63-13-101 et seq.
B. Procedural Compliance Is Required
Principle: Agencies must follow proper rulemaking procedures, including public notice and comment.
Case Example:
In Tennessee State Bd. of Cosmetology v. Doe, the court invalidated rules that were adopted without following the proper notice or hearing process.
Application: If the Electrolysis Board failed to follow TAC rulemaking procedures, any affected licensee could challenge the rule.
C. Rules Are Subject to Judicial Review
Principle: Courts can review agency rules for:
Arbitrary or capricious actions
Exceeding statutory authority
Violations of constitutional or statutory rights
Case Example:
Doe v. Tennessee Bd. of Nursing, the court struck down licensing rules that imposed requirements not authorized by statute, citing the principle that boards cannot act as lawmakers.
D. Disciplinary Decisions Are Reviewable
Principle: Disciplinary actions must follow statutory due process, and courts can review Board decisions.
Case Example:
Tennessee Bd. of Medical Examiners v. Smith, the court required that:
Licensees receive proper notice
Hearings follow established rules
Sanctions are proportionate to the violation
Application: Electrolysis licensees may appeal disciplinary actions under the same standards.
E. Protecting Public Safety vs. Individual Rights
Courts balance public protection with licensee rights. Rules that are vague, overly broad, or punitive beyond statute are subject to invalidation.
5. Practical Implications of Title 0540
Licensing Enforcement: Title 0540 ensures only qualified electrologists operate in Tennessee.
Scope & Safety Standards: Provides clarity on what procedures are legal and safe.
Discipline & Compliance: Sets expectations for conduct and allows the Board to act when violations occur.
Judicial Oversight: Licensees have recourse if rules are applied improperly or exceed authority.
Key Takeaways:
The Electrolysis Board cannot make rules outside statutory authority.
Procedural errors in rulemaking or licensing can lead to judicial invalidation.
Courts apply a balance test: protecting the public vs. respecting licensee rights.
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