Oklahoma 2024 Regular Session

Oklahoma House Bill HB2998 Latest Draft

Bill / Enrolled Version Filed 05/08/2024

                            An Act 
ENROLLED HOUSE 
BILL NO. 2998 	By: Hasenbeck, McEntire, and 
Pittman of the House 
 
  and 
 
  Daniels and Hicks of the 
Senate 
 
 
 
 
 
An Act relating to laser hair removal; creating the 
Laser Hair Removal Act; providing definitions; 
limiting hair removal perform ance to certain 
instruments; requiring cer tain credential; mandating 
certain training and education program; requiring 
physician oversight of certain facilities; providing 
exemption; mandating establishment of protocols; 
describing supervision requirements ; regulating 
professional conduct of laser practitioners; 
providing for codification; and providing an 
effective date. 
 
 
 
 
SUBJECT: Laser hair removal 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.    NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 538.1 of Title 59, unless there 
is created a duplication in numbering, reads as follows: 
 
This act shall be known and may be cited as the “Laser Hair 
Removal Act”. 
 
SECTION 2.    NEW LAW     A new section of law to be codified 
in the Oklahoma Stat utes as Section 538.2 of Title 59, unless there 
is created a duplication in numbering, reads as follows: 
 
1.  “Health professional” means a physician, physician assistant 
as defined in Section 519.2 of Title 59 of the Oklahoma Statutes,  ENR. H. B. NO. 2998 	Page 2 
Advanced Practice Re gistered Nurse as defined in Section 567.3a of 
Title 59 of the Oklahoma Statutes, Registered Nurse as defined in 
Section 567.3a of Title 59 of the Oklahoma Sta tutes, or Licensed 
Practical Nurse as defined in Section 567.3a of Title 59 of the 
Oklahoma Statutes; 
 
2.  “Laser hair removal” means the use of a class three or class 
four laser light-based device approved by the United States Food and 
Drug Administration (FDA) to perform a no nablative hair removal 
procedure that does not remove the epidermis.  Laser hair removal 
does not include electrolysis as defined in Section 536.2 of Title 
59 of the Oklahoma Statutes; 
 
3.  “Laser hair removal facility ” means a business location that 
provides laser hair removal; 
 
4.  “Laser practitioner” means a person who practices laser hair 
removal pursuant to this act; and 
 
5.  “Physician” means a person licensed to practice medicine 
pursuant to the provisions of the Oklahoma Allop athic Medical and 
Surgical Licensure and Supervision Act or the Oklahoma Osteopathic 
Medicine Act. 
 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 538.3 of Title 59, unless there 
is created a duplication in num bering, reads as follows: 
 
A.  A laser practitioner shall only perform laser hair removal 
using lasers or pulsed light devices approved by the United States 
Food and Drug Administration (FDA) for noninvasive procedures. 
 
B.  A person shall not perform or a ttempt to perform laser hair 
removal unless the person holds the appropriate healt h professional 
license or certificate as defined in Section 2 of this act.  A laser 
practitioner who is not a physician shall complete a laser 
practitioner training and educa tion program.  A laser training and 
education program may be completed internally at the laser hair 
removal facility or via a third party, provided such third -party 
program is overseen by a physician.  A laser practitioner training 
and education program sh all include forty (40) total hours of 
training, which may be a combination of didac tic training, in-person 
hands-on training, and performance of laser hair removal procedures. 
  ENR. H. B. NO. 2998 	Page 3 
C.  A laser hair removal facility shall be overseen by a 
physician; provided, th at Advanced Practice Registered Nurses shall 
be exempt from this oversight requirem ent. 
 
D.  The overseeing physician shall: 
 
1.  Establish proper protocols for laser hair removal provided 
at a facility including, but not limited to, complication 
management.  A laser practitioner shall follow all written procedure 
protocols established and revised by the overseeing physician.  Such 
protocols shall require utilizing a physician, physician assistant, 
or Advanced Practice Registered Nurse for complication mana gement; 
 
2.  Determine the number of laser practitioners under such 
physician’s supervision; and 
 
3.  Review not less than ten percent (10%) of laser hair removal 
patient records. 
 
E.  A physician shall not be required to be physicall y present 
or to supervise laser hair removal, but shall be available for 
communication during the procedure, e ither in person or by two -way, 
real time interactive communication. 
 
F.  A laser practitioner may perform laser hair removal on a 
patient without the prior evaluation o r referral of such patient by 
a physician. 
 
G.  The conduct of allopathic physicians and p hysician 
assistants pursuant to this act shall be regulated by the State 
Board of Medical Licensure and Supervision.  The conduct of 
osteopathic physicians pursuant t o this act shall be regulated by 
the State Board of Osteopathic Examiners.  The conduct of Registered 
Nurses, Licensed Practical Nurses, and Advanced Practice Registered 
Nurses pursuant to this act shall be regulated by the Oklahoma B oard 
of Nursing. 
 
H.  Nothing in this act shall prohibit any person in the healing 
arts, in this state, under any other act, from engaging in the 
practice for which he or she is duly licensed. 
 
SECTION 4.  This act shall become effective Nov ember 1, 2024. 
  ENR. H. B. NO. 2998 	Page 4 
Passed the House of Representatives the 7th day of May, 2024. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 24th day of April, 2024. 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20 _______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at ____ ___ o'clock _______ M. 
By: _________________________________