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HOUSE FILE 2358 - Practice of Cosmetology - Miscellaneous Changes (full text of bill) BY COMMITTEE ON HUMAN RESOURCES. This Act makes technical and substantive changes relating to the practice of cosmetology. The Act provides new or revised definitions for several terms utilized in Code Chapter 157, Cosmetology, and prohibits persons licensed under that chapter from administering any practice of removing the skin by means of a razor-edged instrument or administering any procedure in which human tissue is cut, shaped, vaporized, or otherwise structurally altered, other than hair removal, manicuring, and nail technology services. The Act provides that in addition to existing requirements for licensure, specified licensees are required to submit a written application and proof of additional training and certification for approval by the Board of Cosmetology Arts and Sciences Examiners to administer designated services. For a licensed esthetician, the designated services requiring approval include use of a certified laser product or micro-dermabrasion which is utilized for the purpose of exfoliating the skin, application of permanent makeup or cosmetic micro-pigmentation, and the administration of chemical peels. For a licensed cosmetologist, the designated services requiring approval include use of chemical peels, a certified laser product, or micro-dermabrasion utilized for the purpose of exfoliating the skin. The Act prohibits a cosmetologist licensed after July 1, 2005, from using chemical peels, micro-dermabrasion procedures, or certified laser products. For a licensed Electrologist, the designated services requiring approval include use of a certified laser product for the purpose of hair removal. The Act provides that any additional training received by a licensed esthetician, cosmetologist or electrologist and submitted to the board relating to utilization of a certified laser product shall include a safety training component; that it is unlawful for a person to employ a licensed cosmetologist, esthetician or electrologist who has not received this additional training prior to performance of the specified services; and that a violation of these provisions subjects the violator to specified penalty provisions. Additionally, the Act requires that a licensed cosmetologist, esthetician or electrologist who provides services relating to the use of a certified laser product, chemical peel, or micro-dermabrasion obtain a consent in writing prior to the administration of the services and submit a report to the Board of Cosmetology Arts and Sciences Examiners within 30 days of any incident that results in physical injury requiring medical attention. Failure to comply results in disciplinary action being taken by the board. The Act provides that an annual inspection of each school of cosmetology arts and sciences, including the educational activities of each school, may be conducted and completed by either the board or a designee of the board prior to renewal of the license. The Act prohibits the use of laser hair removal products or devices on a minor, unless the minor is accompanied by a parent or guardian and only under the general supervision of a physician. The Act further provides that if the board has reasonable grounds to believe that a person or establishment which is not licensed under Code Chapter 157 has engaged, or is about to engage, in an act or practice which requires such licensure, or otherwise violates a provision of the chapter, the board may issue an order requiring compliance, and may impose a civil penalty not to exceed $1,000 per violation, with each day of continued violation constituting a separate offense, up to a maximum penalty of $10,000. |
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