HLS 21RS-3271 ENGROSSED
2021 Regular Session
HOUSE RESOLUTION NO. 117
BY REPRESENTATIVE BEAULLIEU
BOARDS/COMMISSIONS: Urges and requests the La. State Board of Medical Examiners
to clarify administrative rules concerning certain nonsurgical cosmetic procedures
1 A RESOLUTION
2To urge and request the Louisiana State Board of Medical Examiners to clarify
3 administrative rules with respect to nonsurgical cosmetic procedures performed with
4 medical lasers.
5 WHEREAS, laws comprising Part I of Chapter 15 of Title 37 of the Louisiana
6Revised Statutes of 1950 govern the practice of medicine in this state; and
7 WHEREAS, within these laws, R.S. 37:1274.1 provides that laser surgery may be
8performed only by persons licensed by this state to practice medicine, veterinary medicine,
9dentistry, or podiatry; and
10 WHEREAS, though the definition of "surgery" in administrative regulations of the
11Louisiana State Board of Medical Examiners (LAC 46:XLV.7303) refers to the use of lasers
12and to "elective procedure(s) for aesthetic", no regulations of the board pertain to
13noninvasive cosmetic procedures; and
14 WHEREAS, in this state, medical lasers with robotics and autonomous software
15cleared by the United States Food and Drug Administration may be operated by designees
16of Louisiana-licensed physicians; and
17 WHEREAS, such designees must possess a signed authorization from a state-
18licensed physician in order to use the equipment without a physician present for a procedure;
19and
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HR NO. 117
1 WHEREAS, in contrast, the laws and regulations of over forty other states provide
2for less-stringent requirements relating to the use of medical lasers; typically, the laws and
3regulations of other states require only a physician sponsor for a person's use of any type of
4medical laser; and
5 WHEREAS, the software and robotics features of present-day medical lasers
6virtually eliminate the possibility of human error associated with manual use of the
7equipment; and
8 WHEREAS, Louisiana's law on laser surgery was enacted in 1991 and has not been
9amended since that time, and the administrative rules of the Louisiana State Board of
10Medical Examiners currently lack any provisions pertaining to nonsurgical cosmetic
11procedures.
12 THEREFORE, BE IT RESOLVED that the House of Representatives of the
13Legislature of Louisiana does hereby urge and request the Louisiana State Board of Medical
14Examiners to clarify administrative rules with respect to nonsurgical cosmetic procedures
15performed with medical lasers.
16 BE IT FURTHER RESOLVED that the rule clarification requested in this Resolution
17shall ensure physician oversight and direct involvement and shall mandate medical
18prescreening as directed by a physician in order to avoid medical complications or adverse
19reactions.
20 BE IT FURTHER RESOLVED that on or before October 20, 2021, the Louisiana
21State Board of Medical Examiners shall initiate, through the notice process provided for in
22R.S. 49:953(A), the promulgation of administrative rules called for in this Resolution.
23 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
24executive director and to the president of the Louisiana State Board of Medical Examiners.
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)]
HR 117 Engrossed 2021 Regular Session Beaullieu
Urges and requests the La. State Board of Medical Examiners (board) to clarify
administrative rules with respect to nonsurgical cosmetic procedures performed with medical
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HR NO. 117
lasers. Requires the board to initiate the promulgation of such rules through the notice of
intent process provided for in the Administrative Procedure Act on or before Oct. 20, 2021.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Stipulate that the rule clarification requested in the Resolution shall ensure
physician oversight and direct involvement and shall mandate medical
prescreening as directed by a physician in order to avoid medical complications
or adverse reactions.
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