OK
Oklahoma House Bill HB2013

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2013 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 Req. No. 6396 Page 1 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727
2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 58th Legislature (2021)
3131
3232 HOUSE BILL 2013 By: Townley
3333
3434
3535
3636
3737
3838 AS INTRODUCED
3939
4040 An Act relating to cosmetic procedures; creating the
4141 Oklahoma Cosmetic Procedures Licensing Act; defining
4242 terms; requiring license or ce rtificate to perform
4343 certain acts; providing limitations; providing
4444 exception to licensure or certification; providing
4545 for laser hair removal certification; directing State
4646 Department of Health to promulgate rules; providing
4747 requirements for certain certif icates for laser hair
4848 removal; providing for permanent cosmetic coloring
4949 and cosmetic tattooing licensure; directing
5050 Department to promulgate rules; providing certain
5151 requirements; prohibiting operation of facility
5252 without license; requiring separate licen sure for
5353 each facility; providing exceptions; providing for
5454 expiration of licenses and certificates; requiring
5555 certain disclosures; requiring posting of warning
5656 sign; providing requirement for facility operator
5757 compliance; prohibiting false or misleading m aterial
5858 or advertisements; providing for administrative fine
5959 and suspension, revocation or denial of license;
6060 amending 21 O.S. 2011, Section 842.3, which relates
6161 to body piercing and tattooing; providing exception
6262 for licenses or certificates issued under the
6363 Oklahoma Cosmetic Procedures Licensing Act; repealing
6464 63 O.S. 2011, Sections 1 -1450, 1-1451, 1-1452, 1-
6565 1453, as amended by Section 62, Chapter 229, O.S.L.
6666 2013, 1-1454, 1-1455, as amended by Section 63,
6767 Chapter 229, O.S.L. 2013, 1-1457 and 1-1458 (63 O.S.
6868 Supp. 2020, Sections 1-1453 and 1-1455), which relate
6969 to the Oklahoma Medical Micropigmentation Regulation
7070 Act; providing for codification; and providing an
7171 effective date.
7272
7373
7474 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7575
7676 Req. No. 6396 Page 2 1
7777 2
7878 3
7979 4
8080 5
8181 6
8282 7
8383 8
8484 9
8585 10
8686 11
8787 12
8888 13
8989 14
9090 15
9191 16
9292 17
9393 18
9494 19
9595 20
9696 21
9797 22
9898 23
9999 24
100100
101101 SECTION 1. NEW LAW A new section of law to be codified
102102 in the Oklahoma Statutes as Section 200 of Title 59, unless there is
103103 created a duplication in numbering, reads as follows:
104104 Sections 1 through 10 of this act shall be known and may be
105105 cited as the "Oklahoma Cosmetic Procedures Licensing Act ".
106106 SECTION 2. NEW LAW A new section of law to be codified
107107 in the Oklahoma Statutes as Section 201 of Title 59, unless there is
108108 created a duplication in numbering, reads as follows:
109109 As used in the Oklahoma Cosmetic Procedures Licensing Act :
110110 1. "Cosmetic tattooing" means the process by which the skin is
111111 marked or colored to form indelible marks, figures or decorative
112112 designs for cosmetic, nonmedical purposes by inserting or ingraining
113113 an indelible pigment into or onto the skin, microblading or
114114 microneedling;
115115 2. "Laser hair removal" means the use of a laser or intense
116116 pulsed light device for nonablative hair removal procedures;
117117 3. "Laser hair removal facility " means a business location tha t
118118 provides laser hair removal;
119119 4. "Laser or intense pulsed light device" means a device
120120 approved by the State Department of Health and the United States
121121 Food and Drug Administration for laser hair removal;
122122 5. "Microblading" means microblading of the eyeb row as a form
123123 of cosmetic tattoo artistry where ink is deposited superficially in
124124 the upper three layers of the epidermis using a handheld or machine-
125125
126126 Req. No. 6396 Page 3 1
127127 2
128128 3
129129 4
130130 5
131131 6
132132 7
133133 8
134134 9
135135 10
136136 11
137137 12
138138 13
139139 14
140140 15
141141 16
142142 17
143143 18
144144 19
145145 20
146146 21
147147 22
148148 23
149149 24
150150
151151 powered tool made up of needles known as a microblade to improve or
152152 create eyebrow definition, to cover ga ps of lost or missing hair, to
153153 extend the natural eyebrow pattern, or to create a full construction
154154 if the eyebrows have little to no hair;
155155 6. "Microneedling" means the minimally invasive cosmetic
156156 procedure utilizing fine, sterile needles to puncture the skin for
157157 the purpose of treating skin concerns through collagen production;
158158 7. "Nonablative hair removal procedure " means a hair removal
159159 procedure using a laser or intense pulsed light device that does not
160160 remove the epidermis;
161161 8. "Operator" means the owner of a laser hair removal facility,
162162 an agent of an owner, or an independent contractor of a laser hair
163163 removal facility; and
164164 9. "Permanent cosmetic coloring " means tattooing for the
165165 purpose of simulating hair or makeup, such as permanent eyeliner,
166166 lip color, eyebrows and eyeshadow , and may include repigmentation of
167167 areas that have been subject to reconstructive surgery or trauma.
168168 SECTION 3. NEW LAW A new section of law to be codified
169169 in the Oklahoma Statutes as Section 202 of Titl e 59, unless there is
170170 created a duplication in numbering, reads as follows:
171171 A. A person shall not perform or attempt to perform laser hair
172172 removal, permanent cosmetic coloring and cosmetic tattooing unless
173173 the person holds the appropriate license or certi ficate issued by
174174 the State Department of Health.
175175
176176 Req. No. 6396 Page 4 1
177177 2
178178 3
179179 4
180180 5
181181 6
182182 7
183183 8
184184 9
185185 10
186186 11
187187 12
188188 13
189189 14
190190 15
191191 16
192192 17
193193 18
194194 19
195195 20
196196 21
197197 22
198198 23
199199 24
200200
201201 B. A license or certificate under the Oklahoma Cosmetic
202202 Procedures Licensing Act only authorizes a person to perform
203203 nonablative cosmetic laser hair removal, permanent cosmetic coloring
204204 or cosmetic tattooing. The license or certificate does not
205205 authorize the person to diagnose, treat or offer to treat any client
206206 for any illness, disease, injury, defect or deformity of the human
207207 body. The license or certificate holder shall specifically disclose
208208 this limitation in writing to all clients and prospective clients.
209209 C. A health professional licensed under another law is not
210210 required to hold a certificate under this act to perform laser hair
211211 removal if the performance of laser hair removal is within the scope
212212 of that professional's practice as determined by the professional 's
213213 licensing board.
214214 D. This act does not apply to a physician or any person under
215215 the supervision of a physician who is licensed to practice medicine
216216 in this state.
217217 SECTION 4. NEW LAW A new section of law to be codified
218218 in the Oklahoma Statutes as Section 203 of Title 59, unless there is
219219 created a duplication in numbering, reads as follows:
220220 Certificates for laser hair removal shall be issued by the State
221221 Department of Health. The Department shall promulgate rules
222222 regulating laser hair removal certificates, which shall include, but
223223 not be limited to, the following:
224224
225225 Req. No. 6396 Page 5 1
226226 2
227227 3
228228 4
229229 5
230230 6
231231 7
232232 8
233233 9
234234 10
235235 11
236236 12
237237 13
238238 14
239239 15
240240 16
241241 17
242242 18
243243 19
244244 20
245245 21
246246 22
247247 23
248248 24
249249
250250 1. An applicant for a laser hair remov al professional
251251 certificate shall:
252252 a. be certified by a recognized cer tifying entity
253253 approved by the State Department of Health ,
254254 b. meet the requirements for a senior laser hair removal
255255 technician certificate under paragraph 2 of this
256256 section, and
257257 c. pass an examination required by the Department ;
258258 2. An applicant for a seni or laser hair removal technician
259259 certificate shall:
260260 a. meet the requirements for a laser hair removal
261261 technician certificate under paragraph 3 of this
262262 section, and
263263 b. have supervised at least one hundred laser hair
264264 removal procedures, as audited by a certi fied laser
265265 hair removal professional ;
266266 3. An applicant for a laser hair removal technician certificate
267267 shall:
268268 a. meet the requirements for a laser hair removal
269269 apprentice-in-training certificate under paragraph 4
270270 of this section, and
271271 b. have performed at least one hundred laser hair removal
272272 procedures under the direct supervision of a laser
273273
274274 Req. No. 6396 Page 6 1
275275 2
276276 3
277277 4
278278 5
279279 6
280280 7
281281 8
282282 9
283283 10
284284 11
285285 12
286286 13
287287 14
288288 15
289289 16
290290 17
291291 18
292292 19
293293 20
294294 21
295295 22
296296 23
297297 24
298298
299299 hair removal technician or certified laser hair
300300 removal professional ;
301301 4. An applicant for a laser hair removal apprentice -in-training
302302 certificate shall:
303303 a. have at least twenty-four (24) hours of training in
304304 safety, laser physics, skin typing, skin reactions,
305305 treatment protocols, burns, eye protection,
306306 emergencies and posttreatment protocols ,
307307 b. work directly under the supervision of a senior laser
308308 hair removal technicia n or certified laser hair
309309 removal professional , and
310310 c. be at least eighteen (18) years of age ;
311311 5. Except as provided in paragraph 6 of this section , a laser
312312 hair removal facility shall have a laser hair removal professional
313313 or a licensed health care profe ssional present to supervise the
314314 laser hair removal procedures performed at the facility during the
315315 facility's operating hours; and
316316 6. A laser hair removal facility may continue to perform laser
317317 hair removal procedures after the facility 's certified laser hair
318318 removal professional resigns from the facility if a senior laser
319319 hair removal technician is present to perform or supervise each
320320 procedure. No later than forty-five (45) days after the date the
321321 facility's certified laser hair removal professional le aves the
322322 facility:
323323
324324 Req. No. 6396 Page 7 1
325325 2
326326 3
327327 4
328328 5
329329 6
330330 7
331331 8
332332 9
333333 10
334334 11
335335 12
336336 13
337337 14
338338 15
339339 16
340340 17
341341 18
342342 19
343343 20
344344 21
345345 22
346346 23
347347 24
348348
349349 a. the facility's senior laser hair removal technician
350350 must become certified as a laser hair removal
351351 professional, or
352352 b. the facility must hire a new certified laser hair
353353 removal professional.
354354 SECTION 5. NEW LAW A new section of law to be codified
355355 in the Oklahoma Statutes as Section 204 of Title 59, unless there is
356356 created a duplication in numbering, reads as follows:
357357 Licenses for permanent cosmetic coloring or cosmetic tattooing
358358 shall be issued by the State Depart ment of Health. The Department
359359 shall promulgate rules regulating cosmetic coloring and cosmetic
360360 tattooing, which shall include, but not be limited to:
361361 1. Temporary and permanent licensure;
362362 2. Equipment setup and requirements;
363363 3. Standards for sanitary procedures;
364364 4. Hand washing and general health;
365365 5. Site preparation and application; and
366366 6. Education and training.
367367 SECTION 6. NEW LAW A new section of law to be codified
368368 in the Oklahoma Statutes as Section 205 of Title 59, unles s there is
369369 created a duplication in numbering, reads as follows:
370370 A. A person shall not operate a facility offering laser hair
371371 removal, permanent cosmetic coloring or cosmetic tattooing unless
372372
373373 Req. No. 6396 Page 8 1
374374 2
375375 3
376376 4
377377 5
378378 6
379379 7
380380 8
381381 9
382382 10
383383 11
384384 12
385385 13
386386 14
387387 15
388388 16
389389 17
390390 18
391391 19
392392 20
393393 21
394394 22
395395 23
396396 24
397397
398398 the person holds a license issued under the Oklahoma Cosmetic
399399 Procedures Licensing Act to operate the facility.
400400 B. A separate license is required for each facility.
401401 C. This section does not apply to:
402402 1. A facility owned or operated by a physician for the practice
403403 of medicine;
404404 2. A licensed hospital; or
405405 3. A clinic owned or operated by a licensed hospital.
406406 SECTION 7. NEW LAW A new section of law to be codified
407407 in the Oklahoma Statutes as Section 206 of Title 59, unless there is
408408 created a duplication in numbering, reads as follows:
409409 Licenses or certificates issued under the Oklahoma Cosmetic
410410 Procedures Licensing Act shall expire two (2) years from the date of
411411 issuance and may be renewed.
412412 SECTION 8. NEW LAW A new section of law to be codified
413413 in the Oklahoma Statutes as S ection 207 of Title 59, unless there is
414414 created a duplication in numbering, reads as follows:
415415 A facility offering laser hair removal, permanent cosmetic
416416 coloring or cosmetic tattooing shall:
417417 1. Give each customer a written statement outlining the
418418 relevant risks associated with each procedure and any other notices
419419 required by the State Department of Health; and
420420 2. Post a warning sign as prescribed by the State Department of
421421 Health in a conspicuous location readily visible to a person
422422
423423 Req. No. 6396 Page 9 1
424424 2
425425 3
426426 4
427427 5
428428 6
429429 7
430430 8
431431 9
432432 10
433433 11
434434 12
435435 13
436436 14
437437 15
438438 16
439439 17
440440 18
441441 19
442442 20
443443 21
444444 22
445445 23
446446 24
447447
448448 entering the facility. The sign shall provide a toll-free telephone
449449 number and email address for the Department and inform the customer
450450 that the customer may contact the Department.
451451 SECTION 9. NEW LAW A new section of law to be codified
452452 in the Oklahoma Statutes as Section 208 of Title 59, unless there is
453453 created a duplication in numbering, reads as follows:
454454 A. A facility operator offering laser hair removal, permanent
455455 cosmetic coloring or cosmetic tattooing is responsible for
456456 compliance with the require ments of the Oklahoma Cosmetic Procedures
457457 Licensing Act and rules promulgated by the State Department of
458458 Health.
459459 B. A facility offering laser hair removal, permanent cosmetic
460460 coloring or cosmetic tattooing shall not claim, advertise or
461461 distribute false or misleading material or advertisements regarding
462462 services offered at the facility.
463463 SECTION 10. NEW LAW A new section of law to be codified
464464 in the Oklahoma Statutes as Section 209 of Title 59, unless there is
465465 created a duplication in numbering, reads as follows:
466466 The State Department of Health may impose an administrative fine
467467 not to exceed Five Thousand Dollars ($5,000.00) per violation per
468468 day, and may suspend, revoke or deny the license of the facility, or
469469 may impose both such admini strative fine and suspension, revocation
470470 or denial for any violation of the Oklahoma Cosmetic Procedures
471471 Licensing Act.
472472
473473 Req. No. 6396 Page 10 1
474474 2
475475 3
476476 4
477477 5
478478 6
479479 7
480480 8
481481 9
482482 10
483483 11
484484 12
485485 13
486486 14
487487 15
488488 16
489489 17
490490 18
491491 19
492492 20
493493 21
494494 22
495495 23
496496 24
497497
498498 SECTION 11. AMENDATORY 21 O.S. 2011, Section 842.3, is
499499 amended to read as follows:
500500 Section 842.3 A. All body piercing operators, tattoo operators
501501 and artists shall be prohibited from performing body piercing or
502502 tattooing unless licensed in the appropriate category by the State
503503 Department of Health. The State Board of Health shall promulgate
504504 rules regulating body piercing and tattooing which shall include,
505505 but not be limited to:
506506 1. Artist temporary and permanent licensure;
507507 2. Facility operator temporary and permanent licensure;
508508 3. Body piercing and tattoo facility requirements;
509509 4. Equipment setup and requireme nts;
510510 5. Procedures for sanitary body piercing and tattooing;
511511 6. Forms to be completed prior to performing body piercing and
512512 tattooing including, but not limited to, applications and parental
513513 consent forms;
514514 7. Hand washing and general health;
515515 8. Body piercing and tattoo site preparation and application;
516516 9. Procedure following body piercing and tattoo application;
517517 10. Limits and prohibitions concerning body piercing and
518518 tattooing;
519519 11. Facility inspection documents including, but not limited
520520 to, equipment inspection;
521521 12. Administrative fines structure;
522522
523523 Req. No. 6396 Page 11 1
524524 2
525525 3
526526 4
527527 5
528528 6
529529 7
530530 8
531531 9
532532 10
533533 11
534534 12
535535 13
536536 14
537537 15
538538 16
539539 17
540540 18
541541 19
542542 20
543543 21
544544 22
545545 23
546546 24
547547
548548 13. Education and training; and
549549 14. A surety bond in the principal sum of One Hundred Thousand
550550 Dollars ($100,000.00) to be in a form approved by the Attorney
551551 General and filed in the Office of the Secre tary of State for all
552552 body piercing and tattoo operators.
553553 B. A city or county may adopt any regulations that do not
554554 conflict with, or are more comprehensive than, the provisions of
555555 this section or with the rules promulgated by the Department. This
556556 section does not limit the ability of a city or county to require an
557557 applicant to obtain any further business licenses or permits that
558558 the city or county deems appropriate.
559559 C. 1. The State Department of Health shall not grant or issue
560560 a license to a body pierc ing or tattoo operator if the place of
561561 business of the body piercing or tattoo operator is within one
562562 thousand (1,000) feet of a church, school, or playground.
563563 2. The provisions of this subsection shall not apply to the
564564 renewal of licenses or to new appli cations for locations where body
565565 piercing or tattoo operators are licensed at the time the
566566 application is filed with the Department.
567567 3. As used in this subsection:
568568 a. "church" means an establishment, other than a private
569569 dwelling, where religious services are usually
570570 conducted,
571571
572572 Req. No. 6396 Page 12 1
573573 2
574574 3
575575 4
576576 5
577577 6
578578 7
579579 8
580580 9
581581 10
582582 11
583583 12
584584 13
585585 14
586586 15
587587 16
588588 17
589589 18
590590 19
591591 20
592592 21
593593 22
594594 23
595595 24
596596
597597 b. "school" means an establishment, other than a private
598598 dwelling, where the usual processes of education are
599599 usually conducted, and
600600 c. "playground" means a place, other than grounds at a
601601 private dwelling, that is provided by the pu blic or
602602 members of a community for recreation.
603603 D. A body piercing or tattoo operator applying for license
604604 renewal or for a new license to perform at an existing body piercing
605605 or tattoo place of business shall pay a certification fee
606606 established by the Dep artment by rule to determine if the exemptions
607607 provided for in paragraph 2 of subsection C of this section apply.
608608 E. A body piercing or tattoo operator applying for license
609609 renewal or for a new license under subsection C of this section
610610 shall publish notice of the license application or renewal at least
611611 once a week for three (3) consecutive weeks in a newspaper of
612612 general circulation nearest to the proposed location of the business
613613 and most likely to give notice to interested citizens of the county,
614614 city, and community in which the applicant proposes to engage in
615615 business. The publication shall identify the exact location at
616616 which the proposed business is to be operated.
617617 F. The State Department of Health may notify the district
618618 attorney of any violation o f Section 842.1 of this title or rules
619619 promulgated pursuant thereto and, in addition to any criminal
620620 penalty imposed, the Department may impose an administrative fine
621621
622622 Req. No. 6396 Page 13 1
623623 2
624624 3
625625 4
626626 5
627627 6
628628 7
629629 8
630630 9
631631 10
632632 11
633633 12
634634 13
635635 14
636636 15
637637 16
638638 17
639639 18
640640 19
641641 20
642642 21
643643 22
644644 23
645645 24
646646
647647 not to exceed Five Thousand Dollars ($5,000.00) per violation per
648648 day, and may suspend, r evoke or deny the license of the
649649 establishment, or may impose both such administrative fine and
650650 suspension, revocation or denial for any such violation.
651651 G. This section shall not apply to persons licensed or
652652 certified pursuant to the Oklahoma Cosmetic Procedures Licensing
653653 Act.
654654 SECTION 12. REPEALER 63 O.S. 2011, Sections 1 -1450, 1-
655655 1451, 1-1452, 1-1453, as amended by Section 62, Chapter 229, O.S.L.
656656 2013, 1-1454, 1-1455, as amended by Section 63, Chapter 229, O.S.L.
657657 2013, 1-1457 and 1-1458 (63 O.S. Supp. 2020, Sections 1-1453 and 1-
658658 1455), are hereby repealed.
659659 SECTION 13. This act shall become effective November 1, 2021.
660660
661661 58-1-6396 AB 01/13/21
662662