MARYLAND Bill Regulates Laser Hair Removal
Bill Name: Senate Bill 995 (SB 995)
Primary Sponsor: Senator Katherine Klausmeier
Status: 04/08/2024: Senate Adjourned
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.
Outlook: This bill is in the first steps of the process.
Analysis: Currently, in Maryland, as in most states, laser hair removal (LHR) is regulated generally as part of the practice of medicine, with the both the medical board and nursing board having adopted special rules on cosmetic procedures, including LHR. Based on current Maryland board rules, physician assistants (PAs), advanced practice registered nurses (APRNs) and registered nurses (RNs) under appropriate supervision are all able to perform LHR. SB 995 would create special rules and standards for LHR practices that would have more relaxed supervision requirements and would expand the list of those who may perform LHR to include licensed practical nurses (LPNs).
SB 995 would allow PAs, APRNs, RNs and LPNs to become laser hair removal practitioners and perform LHR. These laser hair removal practitioners would be able to provide the LHR treatment without a physician performing a prior diagnosis, initial assessment or initial treatment plan. In order to do this, they would need to complete a laser hair removal practitioner training program and practice in an LHR facility. The training program must be at least 40 hours long, must be a combination of didactic and hands-on training, and could 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 would need 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. The physician would also be able to determine the number of laser hair removal practitioners they supervise.
In relation to other states, the prospective regulation in SB 995 is a bit unusual. To begin, Maryland already has broad medical delegation rules which include LHR. And, by allowing the practitioners to perform the treatments without prior diagnosis or assessment and with offsite supervision, SB 995 is substantially broader than the current supervision rules in Maryland. However, it only applies to LHR, so it is very narrow in its scope. Additionally, in Maryland, APRNs who are nurse practitioners may become independent, but under SB 995 they would need to work under a physician when performing LHR. This contrasts with other states’ rules, which fall into two categories: They adopt LHR technician licenses that allow non-health care professionals who qualify to perform LHR, or 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: SB 995.