MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Human Services
By: Representative Yates
AN ACT RELATING TO THE PRACTICE OF USING A LASER TO ACCOMPLISH LASER HAIR REMOVAL BY A LASER PRACTITIONER; TO PROVIDE THAT A LASER PRACTITIONER SHALL ONLY PERFORM LASER HAIR REMOVAL USING LASERS APPROVED BY THE FDA FOR NONINVASIVE PROCEDURES; TO PROHIBIT PERSONS FROM PERFORMING LASER HAIR REMOVAL UNLESS THE PERSON HOLDS THE APPROPRIATE LICENSE OR CERTIFICATE TO PRACTICE AS A HEALTH PROFESSIONAL; TO PROVIDE THAT A LASER PRACTITIONER WHO IS NOT A PHYSICIAN MUST COMPLETE A LASER PRACTITIONER TRAINING AND EDUCATION PROGRAM; TO PROVIDE THAT A LASER HAIR REMOVAL FACILITY MUST BE OVERSEEN BY A PHYSICIAN; TO PROVIDE THAT A PHYSICIAN SHALL ESTABLISH PROPER PROTOCOLS FOR LASER HAIR REMOVAL PROVIDED AT A FACILITY, INCLUDING COMPLICATION MANAGEMENT; TO PROVIDE THAT A LASER PRACTITIONER MUST FOLLOW ALL WRITTEN PROCEDURE PROTOCOLS ESTABLISHED AND REVISED BY A PHYSICIAN; TO PROVIDE THAT A PHYSICIAN SHALL NOT BE REQUIRED TO BE PHYSICALLY PRESENT OR TO SUPERVISE LASER HAIR REMOVAL PROCEDURES, BUT MAY BE AVAILABLE FOR COMMUNICATION DURING THE PROCEDURE; TO PROVIDE THAT A LASER PRACTITIONER SHALL BE PERMITTED TO PERFORM LASER HAIR REMOVAL ON A PATIENT WITHOUT THE PRIOR EVALUATION OR REFERRAL OF SUCH PATIENT BY A PHYSICIAN; TO PROVIDE THAT THIS ACT DOES NOT PROHIBIT A PERSON FROM ENGAGING IN THE PRACTICE FOR WHICH THEY ARE DULY LICENSED OR PRIVILEGED TO PRACTICE UNDER ANY OTHER LAW OF THIS STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section may be cited as the "Laser Hair Removal Act."
(2) It is the finding of the Legislature that laser hair removal is a medical procedure, and its practice by unqualified persons presents danger to the public health and safety. Because it is difficult for the public to make informed choices related to laser hair removal services and since the consequences of wrong choices can harm the public health and safety, it is the intent of the Legislature to ensure that laser hair removal shall only be performed by persons who possess the proper licensure and skills. However, restrictions may be imposed only to the extent necessary to protect the public and in a manner that will not unreasonably affect the competitive market for the safe and effective delivery of such services.
(3) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Health professional" means a physician, physician assistant as defined in Section 73-26-1(b), advanced practice registered nurse as defined in Section 73-15-5(11), registered nurse as defined in Section 73-15-5(7), or licensed practical nurse as defined in Section 73-15-5(8);
(b) "Laser hair removal" means the use of a class three or class four laser light-based device approved by the United States Food and Drug Administration (FDA) to perform a nonablative
hair removal procedure that does not remove the epidermis;
(c) "Laser hair removal facility" means a business location that provides laser hair removal;
(d) "Laser practitioner" means someone who practices laser hair removal pursuant to this section;
(e) "Physician" means a doctor of medicine or doctor of osteopathic medicine who holds an unrestricted license to practice medicine in this state.
(4) A laser practitioner shall only perform laser hair removal using lasers approved by the United States Food and Drug Administration (FDA) for noninvasive procedures. A person shall not perform or attempt to perform laser hair removal unless the person holds the appropriate license or certificate to practice as a health professional as defined in subsection (3)(a) of this section.
(5) A laser practitioner who is not a physician shall complete a laser practitioner training and education program. A laser training and education program may be completed internally at the laser hair removal facility or via a third party, provided that such third-party program is overseen by a physician. A laser practitioner training and education program shall include forty (40) total hours of training, which may be a combination of didactic training, in-person hands-on training, and performance of laser hair removal procedures.
(6) A laser hair removal facility shall be overseen by a physician.
(7) A physician shall establish proper protocols for laser hair removal provided at a facility, including, but not limited to, complication management. A laser practitioner shall follow all written procedure protocols established and revised by a physician. Such protocols shall require using a physician, physician assistant, or advanced practice registered nurse for complication management.
(8) A physician shall not be required to be physically present or to supervise laser hair removal procedures, but may be available for communication during the procedure, either in person or by two-way, real time interactive communication.
(9) A laser practitioner shall be permitted to perform laser hair removal on a patient without the prior evaluation or referral of such patient by a physician.
(10) A physician shall determine the number of laser practitioners under such physician's supervision for the purpose of laser hair removal.
(11) A physician shall review not less than ten percent (10%) or twenty (20) charts, whichever is less of laser hair removal patient records per month.
(12) Nothing in this section shall prohibit a person from engaging in the practice for which they are duly licensed or privileged to practice under any other law of this state.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.