OKLAHOMA Bill Regulates Laser Hair Removal
Bill Name: House Bill 2998 (HB 2998)
Primary Sponsor: Representative Toni Hasenbeck
Status: 5/13/2024 Approved by Governor
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 Oklahoma, as in most states, laser hair removal (LHR) is regulated generally as part of the practice of medicine. Based on current Oklahoma board rules, physician assistants (PAs), nurse practitioners (NPs), registered nurses (RNs), licensed practical nurses (LPNs) and unlicensed medical assistants are all able to perform LHR, with some persons requiring onsite supervision. HB 2998 would create special rules and standards for LHR practices that would have more relaxed supervision requirements, but which would exclude medical assistants.
HB 2998 would allow PAs, NPs, RNs and LPNs to become laser practitioners and perform LHR. 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 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 HB 2998 is a bit unusual. To begin, Oklahoma already has rules on performing laser procedures, including LHR. And, by allowing the practitioners to perform the treatments without prior evaluation and under offsite supervision, HB 2998 is substantially broader than the current supervision rules in Oklahoma. However, it only applies to LHR, so it is very narrow in its scope. With the exceptions of medical assistants, the licensees who can currently perform LHR are the same that HB 2998 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.