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§448F-7 - Refusal to permit examination or issue license; discipline; complaints; grounds; proceedings; hearings.

     §448F-7  Refusal to permit examination or issue license; discipline; complaints; grounds; proceedings; hearings.  (a)  In addition to any other actions authorized by law, the director shall have the power to refuse to admit persons to its examinations or to issue or to renew a license, to revoke, limit, condition, or suspend a license as an electrologist and to fine or otherwise discipline a licensed electrologist for any cause authorized by law, including but not limited to any violation of subsection (b).

     (b)  The department shall have the power to accept, investigate, prosecute, and hear complaints regarding any person, who is a licensed electrologist regarding any ground for disciplinary actions authorized by law, including but not limited to the following:

     (1)  Unfitness or incompetence by reason of negligence, habits, or other causes regardless of whether actual damage or damage to the public is established;

     (2)  Habitual intemperance, addiction, or dependency on alcohol or other habit-forming substances;

     (3)  Mental incompetence resulting in an inability to practice as an electrologist;

     (4)  Submitting to or filing with the department any application, notice, statement, or other document in procuring or attempting to procure licensure as an electrologist, which is false or untrue or contains any material misstatement of fact;

     (5)  Using the title, licensed electrologist, or any designation tending to imply that the person is a licensed electrologist when the person is not in fact licensed or the person's license has been suspended or revoked;

     (6)  Violating conditions or limitations upon which licensure is granted;

     (7)  Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm an individual or the public in the course of professional services or activities;

     (8)  Having disciplinary action taken against the electrologist in another state;

     (9)  Aiding or abetting an unlicensed person, knowingly combining or conspiring with an unlicensed person, allowing one's license to be used by an unlicensed person, or acting as agent or associate of an unlicensed person to evade the use of title restrictions of this chapter;

    (10)  Engaging in false or misleading advertising;

    (11)  Engaging in sexual conduct in connection with professional services or activities; or

    (12)  Violating chapter 321 relating to the department of health, or any rule adopted thereto. [L 1990, c 285, pt of §1; am L 1992, c 202, §85]

 

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