On November 1, 2024, a new law, House Bill 2998, known as The Laser Hair Removal Act, took effect in Oklahoma. This legislation aims to set a higher standard for laser hair removal procedures by establishing clear qualifications, training requirements, and practitioner oversight protocols. Here’s a detailed look at the legislation, and how it impacts practices in Oklahoma.
Understanding Laser Hair Removal Under HB 2998
As defined in the act (Okla. Stat. tit. 59 § 538.2), laser hair removal involves using FDA-approved class three or four laser devices to remove hair without damaging the outer skin layer (epidermis). This is referred to as a nonablative process, meaning it doesn’t disrupt the skin’s surface. The law is specific in distinguishing laser hair removal from electrolysis, another method of hair removal, which is regulated separately under Oklahoma statutes.
Who is Qualified to Perform Laser Hair Removal?
The legislation outlines requirements for those performing laser hair removal:
- Health Professional Licensure: Only individuals with the appropriate health professional license or certification can perform laser hair removal. This ensures that only trained and qualified individuals are allowed to carry out the procedure, promoting both safety and quality standards in the industry.
- Non-Physician Training Requirements: Practitioners who are not licensed physicians must complete a 40-hour training program specifically for laser hair removal. This training is vital to gaining the expertise needed for safe and effective hair removal procedures. The program includes a mix of:
- Didactic (classroom-based) learning
- Hands-on training
- Supervised procedures
- Training can be conducted either on-site at the facility or through a third-party provider. If done via a third party, the training program must be overseen by a physician, underscoring the emphasis on proper medical supervision and safety.
Facility Oversight and Physician Responsibilities
The Laser Hair Removal Act mandates that each facility offering laser hair removal services be overseen by a licensed physician. However, Advanced Practice Registered Nurses (APRNs), who hold a high level of training and certification, are exempt from this oversight requirement and may independently manage procedures.
For facilities with physician oversight, the supervising physician is not required to be physically present during the procedure but must be accessible via real-time, two-way communication.
Key responsibilities for overseeing physicians include:
- Establishing Protocols: Physicians must create and regularly update protocols for safe laser hair removal, including guidelines for managing complications and emergencies.
- Determining Practitioner Ratios: The act empowers the physician to decide how many laser practitioners they can safely oversee, balancing workload and patient care.
- Reviewing Patient Records: Physicians are required to review at least 10% of patient records for laser hair removal cases within their oversight to ensure that protocols and standards are consistently followed.
What This Law Means for Laser Hair Removal Facilities
Facilities performing laser hair removal must implement and comply with the protocols set by the overseeing physician, ensuring that all practitioners follow established safety standards. The act eliminates the requirement for a physician referral or evaluation before a client can undergo laser hair removal, streamlining access to services for clients seeking these procedures.
To comply, facilities must confirm that their non-physician practitioners have completed the required training program, whether internally or through a qualified third-party provider. In cases where an APRN is employed, the facility can operate without direct physician oversight, allowing flexibility in practice management.
Regulation and Oversight by State Boards
The Laser Hair Removal Act also assigns regulatory responsibility to different state boards based on the professional designation of the practitioner. Here’s how regulatory oversight is structured:
- Allopathic Physicians and Physician Assistants: Governed by the State Board of Medical Licensure and Supervision.
- Osteopathic Physicians: Regulated by the State Board of Osteopathic Examiners.
- Registered Nurses (RNs), Licensed Practical Nurses (LPNs), and Advanced Practice Registered Nurses (APRNs): Supervised by the Oklahoma Board of Nursing.
These boards ensure that practitioners comply with both the Laser Hair Removal Act and the standards of their respective fields, enhancing safety and accountability.
Implications for Oklahoma Patients
This law adds an extra level of reassurance for patients, ensuring that only qualified and licensed practitioners perform laser hair removal. With the oversight protocols, clients can trust that providers follow standardized safety procedures and have access to immediate support from a physician if complications arise. Additionally, by eliminating the referral requirement, clients now have easier access to these services without needing a prior medical consultation.
Conclusion
Oklahoma’s Laser Hair Removal Act (HB #2998) sets a new precedent in the regulation of noninvasive cosmetic procedures. By establishing specific licensure, training, and oversight requirements, the state is attempting to make laser hair removal practices safer and more standardized.