Louisiana 2021 2021 Regular Session

Louisiana House Bill HB327 Engrossed / Bill

                    HLS 21RS-750	REENGROSSED
2021 Regular Session
HOUSE BILL NO. 327
BY REPRESENTATIVE VILLIO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COSMETOLOGY:  Provides relative to advanced esthetics
1	AN ACT
2To amend and reenact R.S. 37:563(introductory paragraph) and (8), 582(A)(introductory
3 paragraph), (B)(introductory paragraph), and (C)(introductory paragraph), 583(A),
4 (B)(introductory paragraph), (C)(introductory paragraph) and (3), and 595(B)(3) and
5 to enact R.S. 37:563(18) and (19), 582(B)(4), 583(C)(4), 588, and 588.1, relative to
6 the practice of advanced esthetics; to provide definitions; to provide for a certificate
7 of registration for an advanced esthetician; to prohibit engaging in services that cause
8 pinpoint bleeding; to provide for a certificate as a registered teacher of advanced
9 esthetics; to provide for training and technical instruction in advanced esthetics; and
10 to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1.  R.S. 37:563(introductory paragraph) and (8), 582(A)(introductory
13paragraph), (B)(introductory paragraph), and (C)(introductory paragraph), 583(A),
14(B)(introductory paragraph), (C)(introductory paragraph) and (3), and 595(B)(3) are hereby
15amended and reenacted and R.S. 37:563(18) and (19), 582(B)(4), 583(C)(4), 588, and 588.1
16are hereby enacted to read as follows:
17 §563.  Definitions
18	As used in this Chapter, the following words shall have the meaning herein
19 ascribed to them, unless the content clearly otherwise indicates:
20	*          *          *
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1	(8)  "Esthetics" means engaging in any one or a combination of the following
2 practices: massaging the face or neck of a person, dyeing or trimming eyebrows,
3 applying natural or artificial enhancements to eyelashes, hair removal by cosmetic
4 preparations, threading, waxing, or other similar means, stimulating, cleansing, or
5 beautifying the face, neck, arms, bust, upper body, legs, or feet epidermis or scalp
6 of a person by any method with the aid of the hands or of any mechanical or
7 electrical apparatus, including micro-dermabrasion, epidermabrasion, or particle
8 exfoliation using equipment and methodology approved by the board or by the use
9 of a cosmetic preparation;. however, esthetics Esthetics shall does not include the
10 diagnosis, treatment, or therapy of any dermatological condition, or the process of
11 removing hair known as "electrolysis", or any service defined as "advanced
12 esthetics" as provided for in this Section.
13	*          *          *
14	(18)  "Advanced esthetics" means engaging in the practice of esthetics as
15 provided for in this Section, lymphatic drainage, chemical enzyme exfoliation,
16 dermaplaning with a guarded blade, nano infusions, or nano needling.  The term does
17 not include procedures with laser technology as provided for in R.S. 37:1274.1.
18	(19)  "Advanced practice esthetician" means a person who practices advanced
19 esthetics.
20	*          *          *
21 §582.  Qualifications for certificate as a registered cosmetologist, esthetician,
22	advanced practice esthetician, or manicurist; out-of-state licensees
23	A.  In order to receive a certificate of registration as a registered
24 cosmetologist, esthetician, advanced practice esthetician, or manicurist, a person
25 shall, in addition to the requirements set forth in Subsection B of this Section, meet
26 all of the following requirements:
27	*          *          *
28	B.  In addition to the requirements set forth in Subsection A of this Section,
29 a person shall also meet the following requirements in order to obtain his certificate
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1 of registration as a registered cosmetologist, esthetician, advanced practice
2 esthetician, or manicurist:
3	*          *          *
4	(4)  To obtain a certificate as a registered advanced practice esthetician, a
5 person shall have completed and passed an advanced esthetics course at a registered
6 or licensed school of cosmetology approved by the board.
7	C.  The board shall issue the appropriate certificate of registration to any
8 person who possesses a license or certificate of registration to practice as a
9 cosmetologist, esthetician, advanced practice esthetician, or manicurist from another
10 state or from a foreign country and who also meets the following requirements:
11	*          *          *
12 §583.  Qualifications for certificate as a registered teacher; continuing education
13	A.  No person shall teach cosmetology, esthetics, advanced esthetics, or
14 manicuring without a certificate of registration issued by the board.
15	B.  In order to receive a certificate of registration as a registered teacher of
16 cosmetology, esthetics, advanced esthetics, or manicuring, a person shall, in addition
17 to the requirements of Subsection C of this Section, meet all of the following
18 requirements:
19	*          *          *
20	C.  In addition to the requirements set forth in Subsection B of this Section,
21 a person shall also meet the following requirements in order to obtain a certificate
22 of registration as a registered teacher of cosmetology, esthetics, advanced esthetics,
23 or manicuring:
24	*          *          *
25	(3)  To obtain a certificate as a registered teacher of advanced esthetics, a
26 person shall possess an esthetics or cosmetology certificate, have been actively
27 engaged in the practice of esthetics for at least twelve months prior to the beginning
28 of the instructor's course, have successfully passed the examination prescribed by the
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1 board for the certification as a teacher of esthetics, and possess training in advanced
2 esthetics.
3	(4)  To obtain a certificate as a registered teacher of manicuring, a person
4 shall possess a manicuring or cosmetology certificate, have been actively engaged
5 in the practice of manicuring for at least twelve months prior to beginning the
6 instructor's course, and have successfully passed the examination prescribed by the
7 board for certification as a teacher of manicuring.
8	*          *          *
9 §588.  Advanced practice esthetician
10	Beginning on January 1, 2022, a certificate of registration as an advanced
11 practice esthetician shall be issued to any person who has an active cosmetology
12 license or esthetics license issued on or before April 30, 2022.
13 §588.1.  Prohibition on pinpoint bleeding
14	No esthetician licensed pursuant to this Chapter shall engage in any service
15 that can cause pinpoint bleeding.
16	*          *          *
17 §595.  Requirements for schools
18	*          *          *
19	B.  All registered cosmetology schools may offer one or more of the
20 following courses, and postsecondary schools shall offer one or more of the
21 following courses only as a postsecondary educational program:
22	*          *          *
23	(3)  A period course of continuing study of practical training and technical
24 instruction in advanced esthetics, including a course of not less than six weeks
25 duration and containing not less than two hundred and fifty hours of study.
26	*          *          *
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DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 327 Reengrossed 2021 Regular Session	Villio
Abstract: Creates the practice of advanced esthetics for regulation by the Louisiana State
Board of Cosmetology.
Present law defines "esthetics".  Proposed law redefines "esthetics".
Proposed law defines "advanced esthetics" and "advanced practice esthetician".
Present law provides qualifications a person shall meet in order to receive a certificate of
registration as a cosmetologist, esthetician, or manicurist. Proposed law retains present law
and adds qualifications for a person to receive a certificate of registration as an advanced
practice esthetician.
Present law provides qualifications a person shall meet in order to receive a certificate of
registration as a teacher of cosmetology, esthetics, or manicuring.  Proposed law retains
present law and adds qualifications for a person to receive a certificate of registration as a
teacher of advanced esthetics.
In addition to the paths to certification provided for in present law, proposed law also allows
a person who can demonstrate training in advanced esthetics and two years of practice in
advanced aesthetics to receive a certificate of registration.  This provision of proposed law
is effective on January 1, 2022.
Proposed law prohibits any licensed esthetician from engaging in services that can cause
pinpoint bleeding.
Present law allows a cosmetology school to offer a period of continuing study in esthetics,
including a course of not less than six weeks duration and containing not less than 200 hours
of study.  Proposed law repeals present law and instead allows cosmetology schools to offer
a course of continuing study of practical training and technical instruction in advanced
esthetics, including a course of not less than six weeks duration and containing not less than
250 hours of study.
(Amends R.S. 37:563(intro. para.) and (8), 582(A)(intro. para.), (B)(intro. para.), and
(C)(intro. para.), 583(A), (B)(intro. para.), (C)(intro. para.) and (3), and 595(B)(3); Adds
R.S. 37:563(18) and (19), 582(B)(4), 583(C)(4), 588, and 588.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Prohibit an esthetician from engaging in any service that can cause pinpoint
bleeding.
2. Make technical changes.
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HB NO. 327
The House Floor Amendments to the engrossed bill:
1. Restore present law to return microdermabrasion, epidermabrasion, and particle
exfoliation to the definition of "esthetics".
2. Change the requirement for receiving a certificate as an advanced practice
esthetician, in certain circumstances, from demonstrating training to holding an
active license.
3. Make technical changes.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.