Proposed Bill Seeks to Amend New York Law on Laser Hair Removal and Estheticians

Samuel E. Pondrom | 6.15.17

sam_grid

On May 23, 2017, Bill A07977 (“Bill”) was proposed to the New York State Assembly potentially impacting the practice of laser hair removal in New York.  The Bill seeks to amend existing statutes and add language to clarify what constitutes laser hair removal, the qualifications of person performing laser hair removal, and the role of estheticians in laser hair removal.  This Bill is important because New York currently does not regulate laser hair removal.

Specifically, the Bill proposes adding language that defines laser hair removal as “the use of a laser or pulsed light device in a hair removal procedure that does not remove the epidermis.”  Also, the Bill seeks to add language expressly stating that “[t]he practice of “esthetics” shall include laser hair removal or intense pulses of light hair removal performed on any part of the human body.”  The Bill would also create a sub-class of estheticians called laser hair removal technicians, which would mean “a licensed esthetician whose practice is limited to laser hair removal.”

An additional suggested section in the statute would require the secretary of state to promulgate rules and regulations governing laser hair removal, which establish standards of practice and operations for persons licensed to perform laser hair removal.  Such rules and regulations would include, among others, setting licensing fees, minimum training requirements, and a minimum of $1 million in malpractice liability insurance.   Another important change is that any facility that is not a medical practice must have a certified laser safety officer and a consulting physician who is trained in the use of lasers for hair removal. The consulting physician would be required to perform annual policies and procedures audits and to be available to see a client in case of injury.

Bill A07977 is currently with the Committee for Economic Development for review and is subject to revision before it is enacted, if it is enacted (for a handy primer on how a bill becomes a law in New York, click here).  Furthermore, the current New York assembly session ends on June 21, so it is highly unlikely that the Bill will be voted on until after the new year.  As such, ByrdAdatto will keep a close eye on this matter and post updates as necessary.

The changes proposed by the Bill can be read in their entirety here.

If you have any questions regarding Bill A07977, or any other regulatory matter affecting your medical spa or medical practice, please contact Jay D. Reyero (jreyero@byrdadatto.com) or Bradford E. Adatto (badatto@byrdadatto.com).