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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2013 By: Townley
AS INTRODUCED
An Act relating to cosmetic procedures; creating the
Oklahoma Cosmetic Procedures Licensing Act; defining
terms; requiring license or ce rtificate to perform
certain acts; providing limitations; providing
exception to licensure or certification; providing
for laser hair removal certification; directing State
Department of Health to promulgate rules; providing
requirements for certain certif icates for laser hair
removal; providing for permanent cosmetic coloring
and cosmetic tattooing licensure; directing
Department to promulgate rules; providing certain
requirements; prohibiting operation of facility
without license; requiring separate licen sure for
each facility; providing exceptions; providing for
expiration of licenses and certificates; requiring
certain disclosures; requiring posting of warning
sign; providing requirement for facility operator
compliance; prohibiting false or misleading m aterial
or advertisements; providing for administrative fine
and suspension, revocation or denial of license;
amending 21 O.S. 2011, Section 842.3, which relates
to body piercing and tattooing; providing exception
for licenses or certificates issued under the
Oklahoma Cosmetic Procedures Licensing Act; repealing
63 O.S. 2011, Sections 1 -1450, 1-1451, 1-1452, 1-
1453, as amended by Section 62, Chapter 229, O.S.L.
2013, 1-1454, 1-1455, as amended by Section 63,
Chapter 229, O.S.L. 2013, 1-1457 and 1-1458 (63 O.S.
Supp. 2020, Sections 1-1453 and 1-1455), which relate
to the Oklahoma Medical Micropigmentation Regulation
Act; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 200 of Title 59, unless there is
created a duplication in numbering, reads as follows:
Sections 1 through 10 of this act shall be known and may be
cited as the "Oklahoma Cosmetic Procedures Licensing Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 201 of Title 59, unless there is
created a duplication in numbering, reads as follows:
As used in the Oklahoma Cosmetic Procedures Licensing Act :
1. "Cosmetic tattooing" means the process by which the skin is
marked or colored to form indelible marks, figures or decorative
designs for cosmetic, nonmedical purposes by inserting or ingraining
an indelible pigment into or onto the skin, microblading or
microneedling;
2. "Laser hair removal" means the use of a laser or intense
pulsed light device for nonablative hair removal procedures;
3. "Laser hair removal facility " means a business location tha t
provides laser hair removal;
4. "Laser or intense pulsed light device" means a device
approved by the State Department of Health and the United States
Food and Drug Administration for laser hair removal;
5. "Microblading" means microblading of the eyeb row as a form
of cosmetic tattoo artistry where ink is deposited superficially in
the upper three layers of the epidermis using a handheld or machine-
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powered tool made up of needles known as a microblade to improve or
create eyebrow definition, to cover ga ps of lost or missing hair, to
extend the natural eyebrow pattern, or to create a full construction
if the eyebrows have little to no hair;
6. "Microneedling" means the minimally invasive cosmetic
procedure utilizing fine, sterile needles to puncture the skin for
the purpose of treating skin concerns through collagen production;
7. "Nonablative hair removal procedure " means a hair removal
procedure using a laser or intense pulsed light device that does not
remove the epidermis;
8. "Operator" means the owner of a laser hair removal facility,
an agent of an owner, or an independent contractor of a laser hair
removal facility; and
9. "Permanent cosmetic coloring " means tattooing for the
purpose of simulating hair or makeup, such as permanent eyeliner,
lip color, eyebrows and eyeshadow , and may include repigmentation of
areas that have been subject to reconstructive surgery or trauma.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 202 of Titl e 59, unless there is
created a duplication in numbering, reads as follows:
A. A person shall not perform or attempt to perform laser hair
removal, permanent cosmetic coloring and cosmetic tattooing unless
the person holds the appropriate license or certi ficate issued by
the State Department of Health.
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B. A license or certificate under the Oklahoma Cosmetic
Procedures Licensing Act only authorizes a person to perform
nonablative cosmetic laser hair removal, permanent cosmetic coloring
or cosmetic tattooing. The license or certificate does not
authorize the person to diagnose, treat or offer to treat any client
for any illness, disease, injury, defect or deformity of the human
body. The license or certificate holder shall specifically disclose
this limitation in writing to all clients and prospective clients.
C. A health professional licensed under another law is not
required to hold a certificate under this act to perform laser hair
removal if the performance of laser hair removal is within the scope
of that professional's practice as determined by the professional 's
licensing board.
D. This act does not apply to a physician or any person under
the supervision of a physician who is licensed to practice medicine
in this state.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 203 of Title 59, unless there is
created a duplication in numbering, reads as follows:
Certificates for laser hair removal shall be issued by the State
Department of Health. The Department shall promulgate rules
regulating laser hair removal certificates, which shall include, but
not be limited to, the following:
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1. An applicant for a laser hair remov al professional
certificate shall:
a. be certified by a recognized cer tifying entity
approved by the State Department of Health ,
b. meet the requirements for a senior laser hair removal
technician certificate under paragraph 2 of this
section, and
c. pass an examination required by the Department ;
2. An applicant for a seni or laser hair removal technician
certificate shall:
a. meet the requirements for a laser hair removal
technician certificate under paragraph 3 of this
section, and
b. have supervised at least one hundred laser hair
removal procedures, as audited by a certi fied laser
hair removal professional ;
3. An applicant for a laser hair removal technician certificate
shall:
a. meet the requirements for a laser hair removal
apprentice-in-training certificate under paragraph 4
of this section, and
b. have performed at least one hundred laser hair removal
procedures under the direct supervision of a laser
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hair removal technician or certified laser hair
removal professional ;
4. An applicant for a laser hair removal apprentice -in-training
certificate shall:
a. have at least twenty-four (24) hours of training in
safety, laser physics, skin typing, skin reactions,
treatment protocols, burns, eye protection,
emergencies and posttreatment protocols ,
b. work directly under the supervision of a senior laser
hair removal technicia n or certified laser hair
removal professional , and
c. be at least eighteen (18) years of age ;
5. Except as provided in paragraph 6 of this section , a laser
hair removal facility shall have a laser hair removal professional
or a licensed health care profe ssional present to supervise the
laser hair removal procedures performed at the facility during the
facility's operating hours; and
6. A laser hair removal facility may continue to perform laser
hair removal procedures after the facility 's certified laser hair
removal professional resigns from the facility if a senior laser
hair removal technician is present to perform or supervise each
procedure. No later than forty-five (45) days after the date the
facility's certified laser hair removal professional le aves the
facility:
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a. the facility's senior laser hair removal technician
must become certified as a laser hair removal
professional, or
b. the facility must hire a new certified laser hair
removal professional.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 204 of Title 59, unless there is
created a duplication in numbering, reads as follows:
Licenses for permanent cosmetic coloring or cosmetic tattooing
shall be issued by the State Depart ment of Health. The Department
shall promulgate rules regulating cosmetic coloring and cosmetic
tattooing, which shall include, but not be limited to:
1. Temporary and permanent licensure;
2. Equipment setup and requirements;
3. Standards for sanitary procedures;
4. Hand washing and general health;
5. Site preparation and application; and
6. Education and training.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 205 of Title 59, unles s there is
created a duplication in numbering, reads as follows:
A. A person shall not operate a facility offering laser hair
removal, permanent cosmetic coloring or cosmetic tattooing unless
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the person holds a license issued under the Oklahoma Cosmetic
Procedures Licensing Act to operate the facility.
B. A separate license is required for each facility.
C. This section does not apply to:
1. A facility owned or operated by a physician for the practice
of medicine;
2. A licensed hospital; or
3. A clinic owned or operated by a licensed hospital.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 206 of Title 59, unless there is
created a duplication in numbering, reads as follows:
Licenses or certificates issued under the Oklahoma Cosmetic
Procedures Licensing Act shall expire two (2) years from the date of
issuance and may be renewed.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as S ection 207 of Title 59, unless there is
created a duplication in numbering, reads as follows:
A facility offering laser hair removal, permanent cosmetic
coloring or cosmetic tattooing shall:
1. Give each customer a written statement outlining the
relevant risks associated with each procedure and any other notices
required by the State Department of Health; and
2. Post a warning sign as prescribed by the State Department of
Health in a conspicuous location readily visible to a person
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entering the facility. The sign shall provide a toll-free telephone
number and email address for the Department and inform the customer
that the customer may contact the Department.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 208 of Title 59, unless there is
created a duplication in numbering, reads as follows:
A. A facility operator offering laser hair removal, permanent
cosmetic coloring or cosmetic tattooing is responsible for
compliance with the require ments of the Oklahoma Cosmetic Procedures
Licensing Act and rules promulgated by the State Department of
Health.
B. A facility offering laser hair removal, permanent cosmetic
coloring or cosmetic tattooing shall not claim, advertise or
distribute false or misleading material or advertisements regarding
services offered at the facility.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 209 of Title 59, unless there is
created a duplication in numbering, reads as follows:
The State Department of Health may impose an administrative fine
not to exceed Five Thousand Dollars ($5,000.00) per violation per
day, and may suspend, revoke or deny the license of the facility, or
may impose both such admini strative fine and suspension, revocation
or denial for any violation of the Oklahoma Cosmetic Procedures
Licensing Act.
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SECTION 11. AMENDATORY 21 O.S. 2011, Section 842.3, is
amended to read as follows:
Section 842.3 A. All body piercing operators, tattoo operators
and artists shall be prohibited from performing body piercing or
tattooing unless licensed in the appropriate category by the State
Department of Health. The State Board of Health shall promulgate
rules regulating body piercing and tattooing which shall include,
but not be limited to:
1. Artist temporary and permanent licensure;
2. Facility operator temporary and permanent licensure;
3. Body piercing and tattoo facility requirements;
4. Equipment setup and requireme nts;
5. Procedures for sanitary body piercing and tattooing;
6. Forms to be completed prior to performing body piercing and
tattooing including, but not limited to, applications and parental
consent forms;
7. Hand washing and general health;
8. Body piercing and tattoo site preparation and application;
9. Procedure following body piercing and tattoo application;
10. Limits and prohibitions concerning body piercing and
tattooing;
11. Facility inspection documents including, but not limited
to, equipment inspection;
12. Administrative fines structure;
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13. Education and training; and
14. A surety bond in the principal sum of One Hundred Thousand
Dollars ($100,000.00) to be in a form approved by the Attorney
General and filed in the Office of the Secre tary of State for all
body piercing and tattoo operators.
B. A city or county may adopt any regulations that do not
conflict with, or are more comprehensive than, the provisions of
this section or with the rules promulgated by the Department. This
section does not limit the ability of a city or county to require an
applicant to obtain any further business licenses or permits that
the city or county deems appropriate.
C. 1. The State Department of Health shall not grant or issue
a license to a body pierc ing or tattoo operator if the place of
business of the body piercing or tattoo operator is within one
thousand (1,000) feet of a church, school, or playground.
2. The provisions of this subsection shall not apply to the
renewal of licenses or to new appli cations for locations where body
piercing or tattoo operators are licensed at the time the
application is filed with the Department.
3. As used in this subsection:
a. "church" means an establishment, other than a private
dwelling, where religious services are usually
conducted,
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b. "school" means an establishment, other than a private
dwelling, where the usual processes of education are
usually conducted, and
c. "playground" means a place, other than grounds at a
private dwelling, that is provided by the pu blic or
members of a community for recreation.
D. A body piercing or tattoo operator applying for license
renewal or for a new license to perform at an existing body piercing
or tattoo place of business shall pay a certification fee
established by the Dep artment by rule to determine if the exemptions
provided for in paragraph 2 of subsection C of this section apply.
E. A body piercing or tattoo operator applying for license
renewal or for a new license under subsection C of this section
shall publish notice of the license application or renewal at least
once a week for three (3) consecutive weeks in a newspaper of
general circulation nearest to the proposed location of the business
and most likely to give notice to interested citizens of the county,
city, and community in which the applicant proposes to engage in
business. The publication shall identify the exact location at
which the proposed business is to be operated.
F. The State Department of Health may notify the district
attorney of any violation o f Section 842.1 of this title or rules
promulgated pursuant thereto and, in addition to any criminal
penalty imposed, the Department may impose an administrative fine
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not to exceed Five Thousand Dollars ($5,000.00) per violation per
day, and may suspend, r evoke or deny the license of the
establishment, or may impose both such administrative fine and
suspension, revocation or denial for any such violation.
G. This section shall not apply to persons licensed or
certified pursuant to the Oklahoma Cosmetic Procedures Licensing
Act.
SECTION 12. REPEALER 63 O.S. 2011, Sections 1 -1450, 1-
1451, 1-1452, 1-1453, as amended by Section 62, Chapter 229, O.S.L.
2013, 1-1454, 1-1455, as amended by Section 63, Chapter 229, O.S.L.
2013, 1-1457 and 1-1458 (63 O.S. Supp. 2020, Sections 1-1453 and 1-
1455), are hereby repealed.
SECTION 13. This act shall become effective November 1, 2021.
58-1-6396 AB 01/13/21