ENROLLED
2021 Regular Session
HOUSE RESOLUTION NO. 117
BY REPRESENTATIVE BEAULLIEU
A RESOLUTION
To urge and request the Louisiana State Board of Medical Examiners to clarify
administrative rules with respect to nonsurgical cosmetic procedures performed with
medical lasers.
WHEREAS, laws comprising Part I of Chapter 15 of Title 37 of the Louisiana
Revised Statutes of 1950 govern the practice of medicine in this state; and
WHEREAS, within these laws, R.S. 37:1274.1 provides that laser surgery may be
performed only by persons licensed by this state to practice medicine, veterinary medicine,
dentistry, or podiatry; and
WHEREAS, though the definition of "surgery" in administrative regulations of the
Louisiana State Board of Medical Examiners (LAC 46:XLV.7303) refers to the use of lasers
and to "elective procedure(s) for aesthetic", no regulations of the board pertain to
noninvasive cosmetic procedures; and
WHEREAS, in this state, medical lasers with robotics and autonomous software
cleared by the United States Food and Drug Administration may be operated by designees
of Louisiana-licensed physicians; and
WHEREAS, such designees must possess a signed authorization from a state-
licensed physician in order to use the equipment without a physician present for a procedure;
and
WHEREAS, in contrast, the laws and regulations of over forty other states provide
for less-stringent requirements relating to the use of medical lasers; typically, the laws and
regulations of other states require only a physician sponsor for a person's use of any type of
medical laser; and
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WHEREAS, the software and robotics features of present-day medical lasers
virtually eliminate the possibility of human error associated with manual use of the
equipment; and
WHEREAS, Louisiana's law on laser surgery was enacted in 1991 and has not been
amended since that time, and the administrative rules of the Louisiana State Board of
Medical Examiners currently lack any provisions pertaining to nonsurgical cosmetic
procedures.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby urge and request the Louisiana State Board of Medical
Examiners to clarify administrative rules with respect to nonsurgical cosmetic procedures
performed with medical lasers.
BE IT FURTHER RESOLVED that the rule clarification requested in this 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.
BE IT FURTHER RESOLVED that on or before October 20, 2021, the Louisiana
State Board of Medical Examiners shall initiate, through the notice process provided for in
R.S. 49:953(A), the promulgation of administrative rules called for in this Resolution.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
executive director and to the president of the Louisiana State Board of Medical Examiners.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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