SOUTH CAROLINA

Bill Regulates Laser Hair Removal

Madilyn Moeller

January 11, 2024

Bill Name

Senate Bill 2109 (S 853)

Primary Sponsor

Senator Thomas Davis

Status

6/25/2024 Senate Adjourned

Our Perspective

AmSpa's Take

When states adopt these sorts of regulations, they tend to include skin-based laser treatments as well as hair removal. Normally, laser hair removal (LHR)-only regulation creates a separate specialty license, but that is not currently the case here.

Detailed Analysis

Analysis

Currently, in South Carolina, as in most states, laser hair removal (LHR) is regulated generally as part of the practice of medicine. Based on current South Carolina board guidance, this means that a supervising physician must be on site when other health care practitioners are performing LHR. S 853 would create special rules and standards for LHR practices that would have more relaxed supervision requirements.

S 853 would allow physician assistants (PAs), nurse practitioners (NPs), registered nurses (RNs) and licensed practical nurses (LPNs) to become laser practitioners and perform LHR. The laser practitioners would be able to provide the LHR treatment without a physician performing a prior evaluation or referring the patient. In order to do this, they would need to complete a laser practitioner training program and practice in a LHR facility. The training program must be at least 40 hours in length, must be a combination of didactic and hands-on training, and can be completed through a third-party provider or internally through the LHR facility.

Each LHR facility would need to be overseen by a physician. The physician needs to establish protocols for the LHR procedures and complication management and remain available for communication while procedures are being performed. The physician could either be present on site or be available through a real-time two-way telecommunication system. The physician must review at least 10% of the LHR patient records.

In relation to other states, the prospective regulation in S 853 is a bit unusual. By allowing the practitioners to perform the treatments without prior evaluation and under offsite supervision, S 853 is substantially broader than the current supervision rules in South Carolina. However, it only applies to LHR, so it is very narrow in its scope. With the exceptions of LPNs, the licensees who can currently perform LHR are the same that S 853 would allow. This contrasts with other states’ rules, which fall into two categories: 1) They adopt LHR technician licenses that allow non-health care professionals who qualify to perform LHR; or 2) They adopt training and supervision rules for health care professionals performing a broad range of cosmetic laser procedures. If you would like additional information, to read the language of the bill or to contact the sponsors or committee, you can find the information you need through this link.

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