EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0995*
SENATE BILL 995
J3, J2, J1 4lr2449
By: Senator Klausmeier
Introduced and read first time: February 2, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Health – Laser Hair Removal – Requirements 2
(Laser Hair Removal Act) 3
FOR the purpose of prohibiting an individual from performing or attempting to perform a 4
laser hair removal procedure unless the individual is a certain health professional; 5
establishing certain requirements for the performance of laser hair removal 6
procedures and laser hair removal practitioners; requiring certain physician 7
oversight of laser hair removal facilities and laser hair removal procedures 8
performed by laser hair removal practitioners; and generally relating to laser hair 9
removal procedures. 10
BY adding to 11
Article – Health – General 12
Section 19–3D–01 through 19–3D–04 to be under the new subtitle “Subtitle 3D. 13
Laser Hair Removal” 14
Annotated Code of Maryland 15
(2023 Replacement Volume) 16
Preamble 17
WHEREAS, Laser hair removal is a medical procedure, and its practice by 18
unqualified persons presents a danger to the public health and safety; and 19
WHEREAS, Because it is difficult for the public to make informed choices relating 20
to laser hair removal services and the consequences of wrong choices can harm the public 21
health and safety, laser hair removal must be performed only by persons who possess the 22
proper licensure and skills; and 23
WHEREAS, Restrictions should be imposed, however, only to the extent necessary 24
to protect the public and in a manner that will not unreasonably affect the competitive 25
market for the safe and effective delivery of such services; now, therefore, 26 2 SENATE BILL 995
SECTION 1. BE IT ENACTED BY THE GENERAL A SSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
SUBTITLE 3D. LASER HAIR REMOVAL. 4
19–3D–01. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) “HEALTH PROFESSIONAL ” MEANS AN INDIVIDUAL: 8
(1) WHO IS LICENSED OR CERTIFIE D AS A PHYSICIAN, A PHYSICIAN 9
ASSISTANT, AN ADVANCED PRACTICE RE GISTERED NURSE , A REGISTERED NURSE , 10
OR A LICENSED PRACTICAL N URSE UNDER THE HEALTH OCCUPATIONS ARTICLE; 11
AND 12
(2) FOR WHOM THE PERFORMA NCE OF A L ASER HAIR REMOVAL 13
PROCEDURE IS WITHIN THE SCOPE OF THE IND IVIDUAL’S LICENSE OR 14
CERTIFICATION . 15
(C) “LASER HAIR REMOVAL FA CILITY” MEANS A BUSINESS LOC ATION THAT 16
PROVIDES LASER HAIR REMOVAL. 17
(D) “LASER HAIR REMOVAL PR ACTITIONER” MEANS A HEALTH 18
PROFESSIONAL WHO PRACTICES LASER HAIR REMOVAL . 19
(E) (1) “LASER HAIR REMOVAL PROCEDURE ” MEANS THE USE OF A LASER 20
LIGHT–BASED DEVICE TO PERFORM A NONABLATIV E HAIR REMOVAL PROCE DURE 21
THAT DOES NOT REMOVE THE EPIDERMIS . 22
(2) “LASER HAIR REMOVAL PR OCEDURE” DOES NOT INCLUDE 23
ELECTROLOGY . 24
19–3D–02. 25
THIS SUBTITLE MAY NOT BE CONSTRUED TO REST RICT OR LIMIT AN 26
INDIVIDUAL LICENSED OR CERTIFIED UNDER T HE HEALTH OCCUPATIONS ARTICLE 27
FROM ENGAGING IN A P RACTICE FOR WHICH TH E INDIVIDUAL IS DULY LICENSED OR 28
CERTIFIED UNDER THAT ARTICLE. 29
SENATE BILL 995 3
19–3D–03. 1
(A) AN INDIVIDUAL MAY NOT PERFORM OR A TTEMPT TO PERFORM A LASER 2
HAIR REMOVAL PROCEDURE UNLESS THE INDIVIDUA L IS A HEALTH PROFES SIONAL. 3
(B) A LASER HAIR REMOVAL PRACTITIONER MAY PERFORM A LAS ER HAIR 4
REMOVAL PROCEDURE ONLY USING LASERS APPROVED BY T HE U.S. FOOD AND 5
DRUG ADMINISTRATION FOR NO NINVASIVE PROCEDURES . 6
(C) (1) A LASER HAIR REMOVAL PRACTITIONER WHO IS NOT A PHYSICIAN 7
SHALL COMPLETE A LASER HAIR REMOVAL PRACTITIONER TRAINING AND 8
EDUCATION PROGRAM . 9
(2) THE TRAINING AND EDUCATION PROGRAM RE QUIRED UNDER 10
PARAGRAPH (1) OF THIS SUBSECTION : 11
(I) MAY BE COMPLETED : 12
1. AT A LASER HAIR REMOVAL FACILITY AT WHICH TH E 13
LASER HAIR REMOVAL PRACTITIONER PROVIDE S LASER HAIR REMOVAL 14
PROCEDURES ; OR 15
2. USING A PROGRAM PROVI DED BY A THIRD PARTY IF 16
THE PROGRAM IS UNDER THE OVERSIGHT OF A P HYSICIAN; AND 17
(II) SHALL INCLUDE AT LEAS T 40 HOURS OF TRAINING , WHICH 18
MAY CONSIST OF ANY C OMBINATION OF DIDACT IC TRAINING, IN–PERSON HANDS –ON 19
TRAINING, AND THE PERFORMANCE OF LASER HAIR REMOVAL PROCEDURES . 20
19–3D–04. 21
(A) A LASER HAIR REMOVAL F ACILITY SHALL BE OVE RSEEN BY A 22
PHYSICIAN. 23
(B) A PHYSICIAN THAT PROVIDES OVERSI GHT FOR A LASER HAIR REMOVAL 24
FACILITY SHALL: 25
(1) ESTABLISH PROPER PROT OCOLS FOR LASER HAIR REMOVAL 26
PROCEDURES PROVIDED AT THE LASER HAIR REMOVAL FACILITY, INCLUDING 27
PROTOCOLS FOR THE MA NAGEMENT OF PROCEDUR E COMPLICATIONS INVOLVING 28
THE USE OF A PHYSICI AN, A PHYSICIAN ASSISTANT , OR AN ADVANCED PRACTICE 29
REGISTERED NURSE ; 30
4 SENATE BILL 995
(2) DETERMINE THE NUMBER OF LASER HAIR REMOVAL 1
PRACTITIONERS UNDER THE PHYSICIAN ’S SUPERVISION AT THE LASER HAIR 2
REMOVAL FACILITY; AND 3
(3) REVIEW AT LEAST 10% OF ALL LASER HAIR REMOVAL P ATIENT 4
RECORDS. 5
(C) A PHYSICIAN IS NOT REQ UIRED TO BE PHYSICAL LY PRESENT OR 6
IMMEDIATELY AVAILABL E TO SUPERVISE LASER HA IR REMOVAL PROCEDURE S, BUT 7
MAY BE AVAILABLE FOR COMM UNICATION DURING THE PROCEDURE IN PERSON OR 8
BY TWO–WAY, REAL–TIME, INTERACTIVE COMMUNIC ATION. 9
(D) A LASER HAIR REMOVAL PRACTITIONER : 10
(1) SHALL FOLLOW WRITTEN PROTOCOLS ESTABLISHE D AND 11
REVISED, AS NECESSARY, BY A PHYSICIAN UNDER SUBSECTION (B) OF THIS SECTION; 12
AND 13
(2) MAY PERFORM LASER HAI R REMOVAL PROCEDURES ON A 14
PATIENT WITHOUT: 15
(I) A PRIOR DIAGNOSIS OR I NITIAL ASSESSMENT OF THE 16
PATIENT HAVING BEEN MADE BY A PHYSICIAN ; OR 17
(II) AN INDIVIDUAL TREATME NT PLAN HAVING BEEN 18
PREPARED BY A PHYSIC IAN. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2024. 21