New Key State Legislative and Regulatory Developments
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State legislative activity has continued to decrease as we move through July. With only eight state legislatures actively meeting this week, a short summary of state legislative and regulatory developments of interest to AACS members follows below.
Oregon Governor Kate Brown signed HB 2642 into law yesterday. As previously reported, the bill establishes a nine member Board of Certified Advanced Estheticians within the Health Licensing Office, and defines "advanced nonablative esthetics procedure" as "a procedure that uses a laser or other device registered with the United States Food and Drug Administration for nonablative procedures performed on the skin or hair, including, but not limited to, procedures performed in conjunction with one of the following modalities: (a) Skin rejuvenation; (b) Photo rejuvenation; (c) Body contouring; (d) Dyschromia reduction; (e) Cellulite reduction; (f) Hair removal or reduction; and (g) Nonablative tattoo removal."
The measure, effective upon passage, will require cosmetologists to obtain Board of Certified Advanced Estheticians certification in order to perform an "advanced nonablative esthetics procedure." Individuals seeking certification shall be a) at least 18 years of age; (b) an esthetician in good standing with the Board of Cosmetology; and (c) have completed "an advanced nonablative esthetics education program or training program, or an advanced nonablative esthetics program that combines education and training, that is approved by the Board of Certified Advanced Estheticians; or A nationally recognized program that is approved by the Board of Certified Advanced Estheticians and through which individuals are certified to use lasers or other devices for purposes related to practicing advanced nonablative esthetics procedures." Additionally, applicants will need to pass an examination adopted by the Board of Certified Advanced Estheticians by rule; and pay the applicable licensure fees.
A link to the full bill text can be found in AACS’ Bill Tracking Portal at https://www.billtrack50.com/Public/Stakeholder/Jt1rI23hjU2jC1MOSr6KVA/Embedded.
On the regulatory front, Minnesota’s Board of Cosmetologist Examiners is seeking comments by September 30, 2015 on possible rulemaking to provide for the regulation of mobile salons. According to the state register notice, "the Board is considering rules that govern the licensure, operation and inspection of mobile salons, and include facility requirements, safety and infection control requirements, a process for salon to notify board of location and times of operation, requirements for supplying and disposing of water and waste products, defining the scope of personal services to be provided in mobile salons, prohibiting mobile salons from violating reasonable municipal restrictions on time and place of operation, [and] penalties, up to and including revocation of a license for repeated violations of municipal laws."
The link below (page 13 of the PDF) contains the official notice and information on how to submit comments.
Please do not hesitate to contact Brian by email or by phone at 202-491-5254 with any comments or questions.
