Maryland 2024 Regular Session

Maryland Senate Bill SB995 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0995
6	6
7	7	SENATE BILL 995
8	8	J3, J2, J1 4lr2449
9	9
10	10	By: Senator Klausmeier
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Health – Laser Hair Removal – Requirements 2
19	19	(Laser Hair Removal Act) 3
20	20
21	21	FOR the purpose of prohibiting an individual from performing or attempting to perform a 4
22	22	laser hair removal procedure unless the individual is a certain health professional; 5
23	23	establishing certain requirements for the performance of laser hair removal 6
24	24	procedures and laser hair removal practitioners; requiring certain physician 7
25	25	oversight of laser hair removal facilities and laser hair removal procedures 8
26	26	performed by laser hair removal practitioners; and generally relating to laser hair 9
27	27	removal procedures. 10
28	28
29	29	BY adding to 11
30	30	Article – Health – General 12
31	31	Section 19–3D–01 through 19–3D–04 to be under the new subtitle “Subtitle 3D. 13
32	32	Laser Hair Removal” 14
33	33	Annotated Code of Maryland 15
34	34	(2023 Replacement Volume) 16
35	35
36	36	Preamble 17
37	37
38	38	WHEREAS, Laser hair removal is a medical procedure, and its practice by 18
39	39	unqualified persons presents a danger to the public health and safety; and 19
40	40
41	41	WHEREAS, Because it is difficult for the public to make informed choices relating 20
42	42	to laser hair removal services and the consequences of wrong choices can harm the public 21
43	43	health and safety, laser hair removal must be performed only by persons who possess the 22
44	44	proper licensure and skills; and 23
45	45
46	46	WHEREAS, Restrictions should be imposed, however, only to the extent necessary 24
47	47	to protect the public and in a manner that will not unreasonably affect the competitive 25
48	48	market for the safe and effective delivery of such services; now, therefore, 26 2 SENATE BILL 995
49	49
50	50
51	51
52	52	SECTION 1. BE IT ENACTED BY THE GENERAL A SSEMBLY OF MARYLAND, 1
53	53	That the Laws of Maryland read as follows: 2
54	54
55	55	Article – Health – General 3
56	56
57	57	SUBTITLE 3D. LASER HAIR REMOVAL. 4
58	58
59	59	19–3D–01. 5
60	60
61	61	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
62	62	INDICATED. 7
63	63
64	64	(B) “HEALTH PROFESSIONAL ” MEANS AN INDIVIDUAL: 8
65	65
66	66	(1) WHO IS LICENSED OR CERTIFIE D AS A PHYSICIAN, A PHYSICIAN 9
67	67	ASSISTANT, AN ADVANCED PRACTICE RE GISTERED NURSE , A REGISTERED NURSE , 10
68	68	OR A LICENSED PRACTICAL N URSE UNDER THE HEALTH OCCUPATIONS ARTICLE; 11
69	69	AND 12
70	70
71	71	(2) FOR WHOM THE PERFORMA NCE OF A L ASER HAIR REMOVAL 13
72	72	PROCEDURE IS WITHIN THE SCOPE OF THE IND IVIDUAL’S LICENSE OR 14
73	73	CERTIFICATION . 15
74	74
75	75	(C) “LASER HAIR REMOVAL FA CILITY” MEANS A BUSINESS LOC ATION THAT 16
76	76	PROVIDES LASER HAIR REMOVAL. 17
77	77
78	78	(D) “LASER HAIR REMOVAL PR ACTITIONER” MEANS A HEALTH 18
79	79	PROFESSIONAL WHO PRACTICES LASER HAIR REMOVAL . 19
80	80
81	81	(E) (1) “LASER HAIR REMOVAL PROCEDURE ” MEANS THE USE OF A LASER 20
82	82	LIGHT–BASED DEVICE TO PERFORM A NONABLATIV E HAIR REMOVAL PROCE DURE 21
83	83	THAT DOES NOT REMOVE THE EPIDERMIS . 22
84	84
85	85	(2) “LASER HAIR REMOVAL PR OCEDURE” DOES NOT INCLUDE 23
86	86	ELECTROLOGY . 24
87	87
88	88	19–3D–02. 25
89	89
90	90	THIS SUBTITLE MAY NOT BE CONSTRUED TO REST RICT OR LIMIT AN 26
91	91	INDIVIDUAL LICENSED OR CERTIFIED UNDER T HE HEALTH OCCUPATIONS ARTICLE 27
92	92	FROM ENGAGING IN A P RACTICE FOR WHICH TH E INDIVIDUAL IS DULY LICENSED OR 28
93	93	CERTIFIED UNDER THAT ARTICLE. 29
94	94	SENATE BILL 995 3
95	95
96	96
97	97	19–3D–03. 1
98	98
99	99	(A) AN INDIVIDUAL MAY NOT PERFORM OR A TTEMPT TO PERFORM A LASER 2
100	100	HAIR REMOVAL PROCEDURE UNLESS THE INDIVIDUA L IS A HEALTH PROFES SIONAL. 3
101	101
102	102	(B) A LASER HAIR REMOVAL PRACTITIONER MAY PERFORM A LAS ER HAIR 4
103	103	REMOVAL PROCEDURE ONLY USING LASERS APPROVED BY T HE U.S. FOOD AND 5
104	104	DRUG ADMINISTRATION FOR NO NINVASIVE PROCEDURES . 6
105	105
106	106	(C) (1) A LASER HAIR REMOVAL PRACTITIONER WHO IS NOT A PHYSICIAN 7
107	107	SHALL COMPLETE A LASER HAIR REMOVAL PRACTITIONER TRAINING AND 8
108	108	EDUCATION PROGRAM . 9
109	109
110	110	(2) THE TRAINING AND EDUCATION PROGRAM RE QUIRED UNDER 10
111	111	PARAGRAPH (1) OF THIS SUBSECTION : 11
112	112
113	113	(I) MAY BE COMPLETED : 12
114	114
115	115	1. AT A LASER HAIR REMOVAL FACILITY AT WHICH TH E 13
116	116	LASER HAIR REMOVAL PRACTITIONER PROVIDE S LASER HAIR REMOVAL 14
117	117	PROCEDURES ; OR 15
118	118
119	119	2. USING A PROGRAM PROVI DED BY A THIRD PARTY IF 16
120	120	THE PROGRAM IS UNDER THE OVERSIGHT OF A P HYSICIAN; AND 17
121	121
122	122	(II) SHALL INCLUDE AT LEAS T 40 HOURS OF TRAINING , WHICH 18
123	123	MAY CONSIST OF ANY C OMBINATION OF DIDACT IC TRAINING, IN–PERSON HANDS –ON 19
124	124	TRAINING, AND THE PERFORMANCE OF LASER HAIR REMOVAL PROCEDURES . 20
125	125
126	126	19–3D–04. 21
127	127
128	128	(A) A LASER HAIR REMOVAL F ACILITY SHALL BE OVE RSEEN BY A 22
129	129	PHYSICIAN. 23
130	130
131	131	(B) A PHYSICIAN THAT PROVIDES OVERSI GHT FOR A LASER HAIR REMOVAL 24
132	132	FACILITY SHALL: 25
133	133
134	134	(1) ESTABLISH PROPER PROT OCOLS FOR LASER HAIR REMOVAL 26
135	135	PROCEDURES PROVIDED AT THE LASER HAIR REMOVAL FACILITY, INCLUDING 27
136	136	PROTOCOLS FOR THE MA NAGEMENT OF PROCEDUR E COMPLICATIONS INVOLVING 28
137	137	THE USE OF A PHYSICI AN, A PHYSICIAN ASSISTANT , OR AN ADVANCED PRACTICE 29
138	138	REGISTERED NURSE ; 30
139	139	4 SENATE BILL 995
140	140
141	141
142	142	(2) DETERMINE THE NUMBER OF LASER HAIR REMOVAL 1
143	143	PRACTITIONERS UNDER THE PHYSICIAN ’S SUPERVISION AT THE LASER HAIR 2
144	144	REMOVAL FACILITY; AND 3
145	145
146	146	(3) REVIEW AT LEAST 10% OF ALL LASER HAIR REMOVAL P ATIENT 4
147	147	RECORDS. 5
148	148
149	149	(C) A PHYSICIAN IS NOT REQ UIRED TO BE PHYSICAL LY PRESENT OR 6
150	150	IMMEDIATELY AVAILABL E TO SUPERVISE LASER HA IR REMOVAL PROCEDURE S, BUT 7
151	151	MAY BE AVAILABLE FOR COMM UNICATION DURING THE PROCEDURE IN PERSON OR 8
152	152	BY TWO–WAY, REAL–TIME, INTERACTIVE COMMUNIC ATION. 9
153	153
154	154	(D) A LASER HAIR REMOVAL PRACTITIONER : 10
155	155
156	156	(1) SHALL FOLLOW WRITTEN PROTOCOLS ESTABLISHE D AND 11
157	157	REVISED, AS NECESSARY, BY A PHYSICIAN UNDER SUBSECTION (B) OF THIS SECTION; 12
158	158	AND 13
159	159
160	160	(2) MAY PERFORM LASER HAI R REMOVAL PROCEDURES ON A 14
161	161	PATIENT WITHOUT: 15
162	162
163	163	(I) A PRIOR DIAGNOSIS OR I NITIAL ASSESSMENT OF THE 16
164	164	PATIENT HAVING BEEN MADE BY A PHYSICIAN ; OR 17
165	165
166	166	(II) AN INDIVIDUAL TREATME NT PLAN HAVING BEEN 18
167	167	PREPARED BY A PHYSIC IAN. 19
168	168
169	169	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
170	170	October 1, 2024. 21