Oklahoma 2024 Regular Session

Oklahoma House Bill HB2998 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 2998 By: Hasenbeck, McEntire, and
4		-	Pittman of the House
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 2998 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 2998 By: Hasenbeck and McEntire of
	32	+	the House
5	33
6	34		and
7	35
8		-	Daniels and Hicks of the
9		-	Senate
	36	+	Hicks of the Senate
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15	42		An Act relating to laser hair removal; creating the
16	43		Laser Hair Removal Act; providing definitions;
17		-	limiting hair removal perform ance to certain
18		-	instruments; requiring cer tain credential; mandating
19		-	certain training and education program; requiring
20		-	physician oversight of certain facilities; providing
21		-	exemption; mandating establishment of protocols;
22		-	describing supervision requirements ; regulating
23		-	professional conduct of laser practitioners;
24		-	providing for codification; and providing an
25		-	effective date.
	44	+	regulating certain in struments; regulating
	45	+	performance of laser hair removal ; mandating
	46	+	establishment of protocols; regulating professional
	47	+	conduct of the State Board of Medical Licensure and
	48	+	Supervision; regulating professional conduct of the
	49	+	Board of Nursing; providing for codification; and
	50	+	providing an effective date .
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30		-	SUBJECT: Laser hair removal
	55	+
	56	+	AUTHOR: Add the following House Coauthor: Pittman
	57	+
	58	+	AUTHOR: Remove as principal Senate author Hicks and substitute as
	59	+	principal Senate author Daniels. Retain Hicks as coauthor
	60	+
	61	+	AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
	62	+	entire bill and insert
	63	+
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	66	+	“An Act relating to laser hair removal; creating the
	67	+	Laser Hair Removal Act; providing short title;
	68	+	providing definitions; limiting hair removal
	69	+	performance to certain instruments; requiring cer tain
	70	+	credential; mandating certain training and education
	71	+	program; requiring physician oversight of certain
	72	+	facilities; providing exemption; mandating
	73	+	establishment of protocols; describing supervision
	74	+	requirements; regulating professional conduct of
	75	+
	76	+	ENGR. S. A. TO ENGR. H. B. NO. 2998 Page 2 1
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	101	+	laser practitioners; providing for codification; and
	102	+	providing an effective date.
	103	+
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31	106
32	107		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
33		-
34	108		SECTION 1. NEW LAW A new section of law to be codified
35	109		in the Oklahoma Statutes as Section 538.1 of Title 59, unless there
36	110		is created a duplication in numbering, reads as follows:
37		-
38	111		This act shall be known and may be cited as the “Laser Hair
39	112		Removal Act”.
40		-
41	113		SECTION 2. NEW LAW A new section of law to be codified
42	114		in the Oklahoma Stat utes as Section 538.2 of Title 59, unless there
43	115		is created a duplication in numbering, reads as follows:
44		-
45	116		1. “Health professional” means a physician, physician assistant
46		-	as defined in Section 519.2 of Title 59 of the Oklahoma Statutes, ~~ENR. H. B. NO. 2998 Page 2~~
	117	+	as defined in Section 519.2 of Title 59 of the Oklahoma Statutes,
47	118		Advanced Practice Re gistered Nurse as defined in Section 567.3a of
48	119		Title 59 of the Oklahoma Statutes, Registered Nurse as defined in
49	120		Section 567.3a of Title 59 of the Oklahoma Statutes, or Licensed
50	121		Practical Nurse as defined in Section 567.3a of Title 59 of the
51	122		Oklahoma Statutes;
	123	+	2. “Laser hair removal” means the use of a class three or class
	124	+	four laser light-based device approved by the United States Food and
	125	+	Drug Administration (FDA) to perform a nonablative hair removal
	126	+	procedure that does not remove the epidermis. Laser hair removal
52	127
53		-	2. “Laser hair removal” means the use of a class three or class
	128	+	ENGR. S. A. TO ENGR. H. B. NO. 2998 Page 3 1
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	153	+	does not include electrolysis as defined in Section 536.2 of Title
	154	+	59 of the Oklahoma Statutes;
	155	+	3. “Laser hair removal facility ” means a business location that
	156	+	provides laser hair removal;
	157	+	4. “Laser practitioner” means a person who practices laser hair
	158	+	removal pursuant to this act; and
	159	+	5. “Physician” means a person licensed to practice medicine
	160	+	pursuant to the provisions of the Oklahoma Allopathic Medical and
	161	+	Surgical Licensure and Supervision Act or the Oklahoma Osteopathic
	162	+	Medicine Act.
	163	+	SECTION 3. NEW LAW A new section of law to be codified
	164	+	in the Oklahoma Statutes as Section 538.3 of Title 59, unless there
	165	+	is created a duplication in numbering, reads as follows:
	166	+	A. A laser practitioner shall only perform laser hair removal
	167	+	using lasers or pulsed light devices approved by the United States
	168	+	Food and Drug Administration (FDA) for noninvasive procedures.
	169	+	B. A person shall not perform or attempt to perform laser hair
	170	+	removal unless the person holds the appropriate healt h professional
	171	+	license or certificate as defined in Section 2 of this act. A laser
	172	+	practitioner who is not a physician shall complete a laser
	173	+	practitioner training and education program. A laser training and
	174	+	education program may be completed internally at the laser hair
	175	+	removal facility or via a third party, provided such third -party
	176	+	program is overseen by a physician. A laser practitioner training
	177	+
	178	+	ENGR. S. A. TO ENGR. H. B. NO. 2998 Page 4 1
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	203	+	and education program shall include forty (40) total hours of
	204	+	training which may be a combination of didac tic training, in-person
	205	+	hands-on training, and performance of laser hair removal procedures.
	206	+	C. A laser hair removal facility shall be overseen by a
	207	+	physician; provided, that Advanced Practice Registered Nurses shall
	208	+	be exempt from this oversight requirem ent.
	209	+	D. The overseeing physician shall:
	210	+	1. Establish proper protocols for laser hair removal provided
	211	+	at a facility including, but not limited to, complication
	212	+	management. A laser practitioner shall follow all written procedure
	213	+	protocols established and revised by the overseeing physician. Such
	214	+	protocols shall require utilizing a physician, physician assistant,
	215	+	or Advanced Practice Registered Nurse for complication management;
	216	+	2. Determine the number of laser practitioners under such
	217	+	physician’s supervision; and
	218	+	3. Review not less than ten percent (10%) of laser hair removal
	219	+	patient records.
	220	+	E. A physician shall not be required to be physically present
	221	+	or to supervise laser hair removal, but shall be available for
	222	+	communication during the procedure, e ither in person or by two -way,
	223	+	real time interactive communication.
	224	+	F. A laser practitioner may perform laser hair removal on a
	225	+	patient without the prior evaluation or referral of such patient by
	226	+	a physician.
	227	+
	228	+	ENGR. S. A. TO ENGR. H. B. NO. 2998 Page 5 1
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	253	+	G. The conduct of allopathic physicians and p hysician
	254	+	assistants pursuant to this act shall be regulated by the State
	255	+	Board of Medical Licensure and Supervision. The conduct of
	256	+	osteopathic physicians pursuant to this act shall be regulated by
	257	+	the State Board of Osteopathic Examiners. The conduct of Registered
	258	+	Nurses, Licensed Practical Nurses, and Advanced Practice Registered
	259	+	Nurses pursuant to this act shall be regulated by the Oklahoma Board
	260	+	of Nursing.
	261	+	H. Nothing in this act shall prohibit any person in the healing
	262	+	arts, in this state under any other act, from engaging in the
	263	+	practice for which he or she is duly licensed.
	264	+	SECTION 4. This act shall become effective November 1, 2024. ”
	265	+	Passed the Senate the 24th day of April, 2024.
	266	+
	267	+
	268	+
	269	+	Presiding Officer of the Senate
	270	+
	271	+
	272	+	Passed the House of Representatives the ____ day of __________,
	273	+	2024.
	274	+
	275	+
	276	+
	277	+	Presiding Officer of the House
	278	+	of Representatives
	279	+
	280	+	ENGR. H. B. NO. 2998 Page 1 1
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	305	+	ENGROSSED HOUSE
	306	+	BILL NO. 2998 By: Hasenbeck and McEntire of
	307	+	the House
	308	+
	309	+	and
	310	+
	311	+	Hicks of the Senate
	312	+
	313	+
	314	+
	315	+
	316	+
	317	+
	318	+
	319	+	An Act relating to laser hair removal; creating the
	320	+	Laser Hair Removal Act; pro viding definitions;
	321	+	regulating certain instruments ; regulating
	322	+	performance of laser hair removal; mandating
	323	+	establishment of protocols; regulating professional
	324	+	conduct of the State Board of Medical Licensure and
	325	+	Supervision; regulating professional conduct of the
	326	+	Board of Nursing; providing for codification; a nd
	327	+	providing an effective date.
	328	+
	329	+
	330	+
	331	+
	332	+
	333	+	BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
	334	+	SECTION 5. NEW LAW A new section of law to be codified
	335	+	in the Oklahoma Statutes as Section 538.1 of Title 59, unless there
	336	+	is created a duplication in numbering, reads as follows:
	337	+	This act shall be known and may be cited as the "Laser Hair
	338	+	Removal Act".
	339	+	SECTION 6. NEW LAW A new section of law to be codified
	340	+	in the Oklahoma Statutes as Section 538.2 of Title 59, unless there
	341	+	is created a duplication in numbering, reads as follows:
	342	+
	343	+	ENGR. H. B. NO. 2998 Page 2 1
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	367	+
	368	+	1. "Health professional" means a physician, physician assistant
	369	+	as defined in Section 519.2 of Title 59 of the Oklahoma Statutes,
	370	+	advanced practice registered nurse as defined in Section 567.3a of
	371	+	Title 59 of the Oklahoma Statutes , registered nurse as defined in
	372	+	Section 567.3a of Title 59 of the Oklahoma Statutes , or licensed
	373	+	practical nurse as defined in Section 567.3a of Title 59 of the
	374	+	Oklahoma Statutes;
	375	+	2. "Laser hair removal" means the use of a class three or class
54	376		four laser light-based device approved by the United States Food and
55	377		Drug Administration (FDA) to perform a nonablative hair remo val
56	378		procedure that does not remove the epidermis. Laser hair removal
57	379		does not include electro lysis as defined in Section 536.2 of Title
58	380		59 of the Oklahoma Statutes ;
59		-
60		-	3. “Laser hair removal facility ” means a business location that
	381	+	3. "Laser hair removal facili ty" means a business location that
61	382		provides laser hair re moval;
62		-
63		-	4. “Laser practitioner” means a person who practices laser hair
	383	+	4. "Laser practitioner" means a person who practices laser hair
64	384		removal pursuant to this act; and
65		-
66		-	5. “Physician” means a person licensed to practice medicine
	385	+	5. "Physician" means a person licensed to practice medicine
67	386		pursuant to the provis ions of the Oklahoma Allopathic Medical and
68	387		Surgical Licensure and Sup ervision Act or the Oklahoma Osteopathic
69	388		Medicine Act.
70		-
71		-	SECTION 3. NEW LAW A new section of law to be codified
	389	+	SECTION 7. NEW LAW A new section of law to be codified
72	390		in the Oklahoma Statutes as Section 538.3 of Title 59, unless there
73	391		is created a duplication in numbering, reads as follow s:
	392	+
	393	+	ENGR. H. B. NO. 2998 Page 3 1
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74	417
75	418		A. A laser practitioner shall only perform laser hair removal
76	419		using lasers or pulsed light devices approved by the United States
77	420		Food and Drug Administration (FDA) for noninvasive pr ocedures.
78		-
79	421		B. A person shall not perform or attempt to perform laser h air
80	422		removal unless the person holds the appropriate health professional
81	423		license or certificate as defined in Section 2 of this act. A laser
82	424		practitioner who is not a physician shall complete a laser
83	425		practitioner training and education program. A laser training and
84	426		education program may be completed internally at the laser hair
85	427		removal facility or via a third party, provided such third-party
86	428		program is overseen by a physician. A laser practitioner training
87	429		and education program shall include forty (40) to tal hours of
88		-	training, which may be a combination of ~~didac tic~~ training, in-person
	430	+	training which may be a combination of didactic training, in -person
89	431		hands-on training, and performance of laser hair removal procedures.
90		-	ENR. H. B. NO. 2998 Page 3
91	432		C. A laser hair removal facility shall be overse en by a
92		-	physician; provided, th at Advanced Practice Registered Nurses shall
93		-	be exempt from this oversight requirem ent.
	433	+	physician. A physician shall:
	434	+	1. Establish proper protocols for laser hair removal provided
	435	+	at a facility, including but not limited to, complication
	436	+	management. A laser practitioner shall follow all written procedure
	437	+	protocols established and revised by a physician. Such protocols
	438	+	shall require utilizing a physician, physician assistant, or
	439	+	advanced practice registered nurse for complication management;
	440	+	2. Determine the number of laser practitioners under such
	441	+	physician's supervision; and
94	442
95		-	D. The overseeing physician shall:
96		-
97		-	1. Establish proper protocols for laser hair removal provided
98		-	at a facility including, but not limited to, complication
99		-	management. A laser practitioner shall follow all written procedure
100		-	protocols established and revised by the overseeing physician. Such
101		-	protocols shall require utilizing a physician, physician assistant,
102		-	or Advanced Practice Registered Nurse for complication mana gement;
103		-
104		-	2. Determine the number of laser practitioners under such
105		-	physician’s supervision; and
	443	+	ENGR. H. B. NO. 2998 Page 4 1
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107	468		3. Review not less than ten percent (10%) of laser hair remo val
108	469		patient records.
109		-
110		-	E. A physician shall not be required to be physicall y present
111		-	or to supervise laser hair removal, but shall be available for
	470	+	D. A physician shall not be required to be physically present
	471	+	or to supervise laser hair removal, but may be available for
112	472		communication during the procedure, eithe r in person or by two-way,
113	473		real time interactive communication.
	474	+	E. A laser practitioner shall be permitted to perform laser
	475	+	hair removal on a patient without the p rior evaluation or referral
	476	+	of such patient by a physician.
	477	+	F. The conduct of physicians and physician assistants pursuant
	478	+	to this act shall be regulated by the State Board of Medical
	479	+	Licensure and Supervision. The conduct of registered nurses,
	480	+	licensed practical nurses, and advanced practice registered nurses
	481	+	pursuant to this act shall be regulated by the Board of Nursing.
	482	+	G. Nothing in the Laser Hair Removal A ct shall prohibit any
	483	+	person in the healing arts, in this state under any other act , from
	484	+	engaging in the practice for which they are duly licensed.
	485	+	SECTION 8. This act shall becom e effective November 1, 2024.
114	486
115		-	F. A laser practitioner may perform laser hair removal on a
116		-	patient without the prior evaluation o r referral of such patient by
117		-	a physician.
	487	+	ENGR. H. B. NO. 2998 Page 5 1
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119		-	G. The conduct of allopathic physicians and p hysician
120		-	assistants pursuant to this act shall be regulated by the State
121		-	Board of Medical Licensure and Supervision. The conduct of
122		-	osteopathic physicians pursuant t o this act shall be regulated by
123		-	the State Board of Osteopathic Examiners. The conduct of Registered
124		-	Nurses, Licensed Practical Nurses, and Advanced Practice Registered
125		-	Nurses pursuant to this act shall be regulated by the Oklahoma B oard
126		-	of Nursing.
	512	+	Passed the House of Represent atives the 12th day of March, 2024.
127	513
128		-	H. Nothing in this act shall prohibit any person in the healing
129		-	arts, in this state, under any other act, from engaging in the
130		-	practice for which he or she is duly licensed.
131		-
132		-	SECTION 4. This act shall become effective Nov ember 1, 2024.
133		-	ENR. H. B. NO. 2998 Page 4
134		-	Passed the House of Representatives the 7th day of May, 2024.
135	514
136	515
137	516
138	517		Presiding Officer of the House
139	518		of Representatives
140	519
141	520
	521	+	Passed the Senate the ___ day of __________ , 2024.
142	522
143		-	Passed the Senate the 24th day of April, 2024.
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145	524
146	525
147	526		Presiding Officer of the Senate
148	527
149	528
150		-	OFFICE OF THE GOVERNOR
151		-	Received by the Office of the Governor this ____________________
152		-	day of ___________________, 20_______, at _______ o'clock _______ M.
153		-	By: _________________________________
154		-	Approved by the Governor of the State of Oklahoma this _____ ____
155		-	day of ___________________, 20 _______, at _______ o'clock _______ M.
156		-
157		-
158		-	_________________________________
159		-	Governor of the State of Oklahoma
160		-
161		-	OFFICE OF THE SECRETARY OF STATE
162		-	Received by the Office of the Secretary of State this __________
163		-	day of ___________________, 20_______, at ____ ___ o'clock _______ M.
164		-	By: _________________________________
165		-
166	529