Senate File 226 - Introduced
SENATE FILE
BY TINSMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to permissible utilization of laser, pulsed
2 light, and radio frequency devices, and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2380SS 81
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PAG LIN
1 1 Section 1. NEW SECTION. 135.39C LASER, PULSED LIGHT, AND
1 2 RADIO FREQUENCY DEVICES == RESTRICTIONS == PENALTY.
1 3 1. DEFINITIONS. For the purposes of this section:
1 4 a. "Ablative treatment" means the use of a laser, pulsed
1 5 light, or radio frequency device as part of a medical
1 6 treatment intended to remove, burn, or vaporize the epidermal
1 7 surface of skin.
1 8 b. "Nonablative treatment" means the use of a laser,
1 9 pulsed light, or radio frequency device in a manner not
1 10 intended to remove, burn, or vaporize the epidermal surface of
1 11 the skin, including but not limited to cosmetic hair removal
1 12 procedures.
1 13 c. "On=site supervision" means continuous supervision in
1 14 which the supervising physician is in the same building.
1 15 d. "Physician" means a person licensed in Iowa to practice
1 16 medicine and surgery, osteopathic medicine and surgery, or
1 17 osteopathy.
1 18 2. The use of a laser, pulsed light, or radio frequency
1 19 device for any medical procedure to treat a physical disease,
1 20 disorder, deformity, or injury, including ablative treatment,
1 21 shall only be performed by a physician, and shall constitute
1 22 the practice of medicine and surgery, osteopathic medicine and
1 23 surgery, or osteopathy pursuant to chapters 148, 150, and
1 24 150A.
1 25 3. The use of a laser, pulsed light, or radio frequency
1 26 device for nonablative treatment may be delegated by a
1 27 physician and performed by a physician assistant, advanced
1 28 registered nurse practitioner, or registered nurse if the
1 29 following requirements are met:
1 30 a. On=site supervision is provided by a physician.
1 31 b. A physical examination of the patient is provided prior
1 32 to the procedure and informed consent obtained.
1 33 c. Advanced training in the use of a laser, pulsed light,
1 34 or radio frequency device has been completed by the physician
1 35 assistant, advanced registered nurse practitioner, or
2 1 registered nurse, including but not limited to clinical and
2 2 academic training regarding fundamentals of laser operation,
2 3 the bioeffects of laser radiation on the eye and skin, the
2 4 significance of specular and diffuse reflections, the nonbeam
2 5 hazards of lasers, the nonionizing radiation hazards, laser
2 6 and laser system classifications, and control measures.
2 7 Standards for such training shall be adopted by the department
2 8 by rule.
2 9 The use of a laser, pulsed light, or radio frequency device
2 10 for nonablative treatment, including hair removal procedures,
2 11 by any person other than a physician assistant, advanced
2 12 registered nurse practitioner, or registered nurse operating
2 13 pursuant to the requirements of this subsection is prohibited.
2 14 4. A violation of this section constitutes a serious
2 15 misdemeanor.
2 16 Sec. 2. Section 157.1, subsection 2, Code 2005, is amended
2 17 by striking the subsection.
2 18 Sec. 3. Section 157.1, subsection 12, paragraph c, Code
2 19 2005, is amended to read as follows:
2 20 c. Removing superfluous hair from the body of a person by
2 21 the use of depilatories, waxing, sugaring, or tweezers, or use
2 22 of any certified laser products. This excludes the practice
2 23 of electrology, whereby hair is removed with an electric
2 24 needle.
2 25 Sec. 4. Section 157.1, subsections 14 and 16, Code 2005,
2 26 are amended by striking the subsection.
2 27 Sec. 5. Section 157.2, Code 2005, is amended by adding the
2 28 following new subsection:
2 29 NEW SUBSECTION. 5. Persons licensed under this chapter
2 30 shall not perform any procedure involving the use of a laser,
2 31 pulsed light, or radio frequency device for hair removal or
2 32 any other purpose, except as provided in section 135.39C.
2 33 Sec. 6. Section 157.3A, subsection 1, paragraph a, Code
2 34 2005, is amended to read as follows:
2 35 a. A licensed esthetician, who intends to provide services
3 1 pursuant to section 157.1, subsection 12, paragraphs "a" and
3 2 "c", having received additional training on the use of
3 3 microdermabrasion or a certified laser product shall submit a
3 4 written application and proof of additional training and
3 5 certification for approval by the board. Training shall be
3 6 specific to the service provided or certified laser product
3 7 used.
3 8 Sec. 7. Section 157.3A, subsection 2, paragraph a, Code
3 9 2005, is amended to read as follows:
3 10 a. A licensed cosmetologist having received additional
3 11 training in the use of chemical peels, or microdermabrasion,
3 12 or a certified laser product shall submit a written
3 13 application and proof of additional training and certification
3 14 for approval by the board. A cosmetologist who is licensed
3 15 after July 1, 2005, shall not be eligible to provide chemical
3 16 peels, or practice microdermabrasion procedures, or use
3 17 certified laser products.
3 18 Sec. 8. Section 157.3A, subsections 3 and 4, Code 2005,
3 19 are amended by striking the subsections.
3 20 Sec. 9. Section 157.5, subsection 1, unnumbered paragraph
3 21 1, Code 2005, is amended to read as follows:
3 22 A licensed cosmetologist, esthetician, or electrologist who
3 23 provides services relating to the use of a certified laser
3 24 product, chemical peel, or microdermabrasion, shall obtain a
3 25 consent in writing prior to the administration of the
3 26 services. A consent in writing shall create a presumption
3 27 that informed consent was given if the consent:
3 28 Sec. 10. Section 157.5, subsection 2, Code 2005, is
3 29 amended to read as follows:
3 30 2. A licensed cosmetologist, esthetician, or electrologist
3 31 who provides services related to the use of a certified laser
3 32 product, chemical peel, or microdermabrasion, shall submit a
3 33 report to the board within thirty days of any incident
3 34 involving the provision of such services which results in
3 35 physical injury requiring medical attention. Failure to
4 1 comply with this section shall result in disciplinary action
4 2 being taken by the board.
4 3 Sec. 11. Section 157.12A, Code 2005, is repealed.
4 4 EXPLANATION
4 5 This bill places restrictions on the utilization of lasers,
4 6 pulsed light, and radio frequency devices in medical and
4 7 cosmetic procedures.
4 8 The bill defines an ablative treatment to mean use of a
4 9 laser, pulsed light, or radio frequency device as part of a
4 10 medical treatment intended to remove, burn, or vaporize the
4 11 epidermal surface of the skin. A nonablative treatment is
4 12 defined as the use of a laser, pulsed light, or radio
4 13 frequency device in a manner not intended to remove, burn, or
4 14 vaporize the epidermal surface of the skin, including but not
4 15 limited to cosmetic hair removal procedures.
4 16 The bill provides that use of a laser, pulsed light, or
4 17 radio frequency device for any medical procedure to treat a
4 18 physical disease, disorder, deformity, or injury, including
4 19 ablative treatment, shall only be performed by a physician,
4 20 and shall constitute the practice of medicine and surgery,
4 21 osteopathic medicine and surgery, or osteopathy pursuant to
4 22 Code chapters 148, 150, and 150A. The bill also provides that
4 23 the use of a laser, pulsed light, or radio frequency device
4 24 for nonablative treatment may be delegated by a physician and
4 25 performed by a physician assistant, advanced registered nurse
4 26 practitioner, or registered nurse. The bill specifies certain
4 27 conditions under which a nonablative treatment may be
4 28 delegated. On=site supervision must be provided by a
4 29 physician, which is defined as continuous supervision in which
4 30 the supervising physician is in the same building. Also, a
4 31 physical examination of the patient must be provided prior to
4 32 the treatment and informed consent obtained. Additionally,
4 33 advanced training in the use of a laser, pulsed light, or
4 34 radio frequency device must be completed, including but not
4 35 limited to clinical and academic training regarding
5 1 fundamentals of laser operation, the bioeffects of laser
5 2 radiation on the eye and skin, the significance of specular
5 3 and diffuse reflections, the nonbeam hazards of lasers, the
5 4 nonionizing radiation hazards, laser and laser system
5 5 classifications, and control measures.
5 6 The bill states that use of a laser, pulsed light, or radio
5 7 frequency device for nonablative treatment, including hair
5 8 removal procedures, by any person other than a physician
5 9 assistant, advanced registered nurse practitioner, or
5 10 registered nurse is expressly prohibited, and that a violation
5 11 of these provisions constitutes a serious misdemeanor.
5 12 The bill makes a number of conforming changes to Code
5 13 chapter 157, relating to the practice of cosmetology, which
5 14 currently permits the utilization of certified laser products
5 15 for hair removal procedures under the general, rather than on=
5 16 site, supervision of a physician. The bill provides that
5 17 persons licensed pursuant to Code chapter 157 shall no longer
5 18 be authorized to perform any procedure involving the use of a
5 19 laser, pulsed light, or radio frequency device for hair
5 20 removal or any other purpose.
5 21 LSB 2380SS 81
5 22 rn:nh/gg/14