| (a) A certifying entity shall meet the following requirements:
(1) be a non-governmental organization such as a society,
association, business, or school that has an interest in or whose
members participate in, or have an interest in, the field of laser
hair removal;
(2) if a society or association, make its membership
available to the general public nationwide that is not restricted
because of race, color, religion, age, national origin or disability;
(3) if a society or association, have a certification
program open to nonmembers, as well as members;
(4) be an incorporated, nationally recognized entity
in good standing, that is involved in setting national standards of
practice within its fields of expertise;
(5) have an adequate staff, a viable system for financing
its operations, and a policy- and decision-making review board;
(6) have a set of written organizational by-laws and
policies that provide adequate assurance of lack of conflict of interest
and a system for monitoring and enforcing those by-laws and policies;
(7) have a committee, whose members can carry out their
responsibilities impartially, to review and approve their certification
guidelines and procedures, and to advise the organization's staff
in implementing the certification program;
(8) have a committee, whose members can carry out their
responsibilities impartially, to review complaints against certified
individuals and to determine appropriate sanctions;
(9) have written procedures describing all aspects
of its certification program, maintain records of the current status
of an individual's certification and the administration of its certification
program;
(10) have procedures to ensure that certified individuals
are provided due process with respect to the administration of a certification
program, including the process of becoming certified and any sanctions
imposed against certified individuals;
(11) have procedures for proctoring examinations, including
qualifications for proctors. These procedures shall ensure that the
individuals proctoring each examination are not employed by the same
company or corporation (or a wholly-owned subsidiary of such company
or corporation) as any of the examinees;
(12) exchange information about certified individuals
with the agency and other certifying entities and allow periodic review
of its certification program and related records by the agency; and
(13) provide a description to the agency of its procedures
for choosing examination sites and for providing an appropriate examination
environment.
(b) To be approved by the department, a certification
program shall meet the following requirements:
(1) require applicants for certification to:
(A) receive training in the topics specified in §118.33(e);
and
(B) satisfactorily complete a written examination covering
these topics.
(2) require applicants for certification to provide
documentation that demonstrates that the applicant has:
(A) received training in the topics specified in §118.33(e);
and
(B) satisfactorily completed a minimum period of on-the-job
training.
(3) include procedures to ensure that all examination
questions are protected from disclosure;
(4) include procedures for denying an application and
revoking, suspending, and reinstating a certificate;
(5) provide a certification period of not less than
3 years nor more than 5 years;
(6) include procedures for renewing certifications
and, if the procedures allow renewals without examination, require
evidence of recent full-time employment and continuing education hours
as required by this chapter; and
(7) provide a timely response to inquiries from members
of the public about an individual's certification status.
(c) An examination administered or used by a certifying
entity shall be designed to test an individual's knowledge and understanding
of at least the topics specified in §118.33(e).
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