Senate Bill #292 (2019)

AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- ELECTROLYSIS

Establishes procedures regulating the delegation of non-ablative laser hair removal treatments.

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Changes since original draft

  • 2019 – S 0292
  • 2019 – S 0292 SUBSTITUTE A
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  • LC001516
  • LC001516/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY- DELEGATION OF NON-ABLATIVE
  • TREATMENTS
  • Introduced By: Senators Gallo, and Ciccone
  • Date Introduced: February 13, 2019
  • Referred To: Senate Health & Human Services
  • RELATING TO BUSINESSES AND PROFESSIONS – ELECTROLYSIS
  • Introduced By: Senators Gallo, and Ciccone
  • Date Introduced: February 13, 2019
  • Referred To: Senate Health & Human Services
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter:
  • CHAPTER 95
  • DELEGATION OF NON-ABLATIVE TREATMENTS
  • 23-95-1. Definitions.
  • As used in this chapter:
  • (1) "Delegate" means a person tasked by a licensed health care professional or a medical director performing non-ablative treatment.
  • (2) "Department" means the Rhode Island department of health.
  • (3) "Electrologist" means a person who is licensed by the department to perform electrolysis.
  • (4) "Electrolysis'' means the method of removing hair from the human body by the application of an electrical current or any other form of energy to the hair-papilla or other source of hair germination by means of a needle or any other instrument or device to cause decomposition, coagulation, dehydration or other form of tissue destruction, to permanently disable the hair follicle from producing hair.
  • (5) "Laser light" means an intense, coherent, directional beam of light produced by stimulated emission of photons; the word laser shall mean the acronym for light amplification by stimulated emission of radiation.
  • (6) "Laser hair removal" means using laser light to perform hair removal or reduction, or electrolysis performed with laser light.
  • (7) "Licensed health care professional" means an advanced practical nurse practitioner or physician assistant licensed in Rhode Island, who is allowed to perform surgery within the scope of their licensed practice.
  • (8) "Medical director" means a Rhode Island licensed physician.
  • (9) "Non-ablative treatment" means any laser or intense pulsed light treatment or treatment by another energy source, chemical, or modality that is not expected or intended to remove, burn, or vaporize tissue. The term "non-ablative treatment" shall not include treatments related to electrolysis or laser hair removal if those treatments are performed by a licensed electrologist.
  • (6) "Supervision" means the overseeing of the delegated non-ablative treatment performed by a delegate. Supervision shall only be provided by a licensed health care professional or a medical director.
  • 23-95-2. General restrictions.
  • (a) The use of a laser or energy-based device that is expected or intended to remove, burn, or vaporize the live epidermal surface of the skin is surgery and may only be performed by a licensed health care professional or medical director who is allowed to perform surgery within the scope of their licensed practice and may not be delegated.
  • (b) Non-ablative treatment may be performed by a delegate if the treatment has been delegated, the delegating licensed health care professional or medical director provides the appropriate supervision, and the delegate has met the necessary training requirements.
  • 23-95-3. Delegation of non-ablative treatment.
  • (a) Prior to delegating the performance of a non-ablative treatment, the delegating licensed health care professional or medical director shall perform the initial assessment of the patient to determine which treatment is appropriate for the patient and determine the settings on the chosen device.
  • (b) Prior to delegating the performance of a non-ablative treatment, the delegating licensed health care professional or medical director shall ensure that the delegate has satisfactorily met the training requirements and that the treatment is within the scope of practice for the delegate's profession. The delegating licensed health care professional or medical director is responsible for ensuring that the delegate performing the treatment has demonstrated sufficient proficiency for each non-ablative treatment performed.
  • (c) Prior to the performance of a delegated non-ablative treatment, the delegating licensed health care professional or medical director shall inform the patient about the training and qualifications of who will be performing the treatment. This notice may be written or verbal.
  • (d) A licensed health care professional or medical director may delegate the performance of a non-ablative treatment through the use of a written protocol developed by the medical director. The written protocol shall provide, at a minimum:
  • (1) The identification of the devices and settings to be used;
  • (2) A description of appropriate care and follow-up for common complications, injuries, or adverse reactions that may result from the treatment, including a plan to manage medical emergencies;
  • (3) A description of the treatment plan to be followed for each non-ablative treatment delegated under the written protocol, including the method to be used for documenting decisions, communicating with the delegating licensed health care professional, and recording all treatment provided in the patient's record; and
  • (4) A quality assurance plan for monitoring care provided by the delegate including patient care review and any necessary follow-up.
  • (e) The written protocol shall be annually reviewed by the delegating licensed health care professional or medical director and the delegate and updated as necessary. The written protocol shall be provided to the department or to any patient, upon request.
  • 23-95-4. Supervision.
  • A delegate may only perform a delegated non-ablative treatment under the supervision of a licensed health care professional or medical director. Supervision requires a licensed health care professional or medical director to be immediately available and able to respond promptly to any question or problem that may occur while the treatment is being performed.
  • 23-95-5. Training.
  • (a) A licensed health care professional or medical director who delegates the performance of a non-ablative treatment shall be able to document to the department, upon request, the completion of appropriate training in the physics, safety, and surgical techniques involved in the use of laser and energy-based devices capable of damaging living tissues. This training should include an extensive understanding of cutaneous medicine and surgery, the indications and contraindications for such procedures, the pre- and post-operative care involved in treatment, as well as the treatment of complications associated with these devices.
  • (b) For each non-ablative treatment to be performed, it is the responsibility of the delegating licensed health care professional or medical director to ensure that the delegate is appropriately trained in the indications and contraindications and the pre- and post-operative care involved in treatment.
  • 23-95-6. Violations and enforcement.
  • Failure to comply with any provision under this chapter or knowingly delegating a non- ablative treatment other than as authorized under this chapter shall constitute unprofessional conduct pursuant to the licensing statute under which the delegating licensed health care professional practices.
  • SECTION 2. This act shall take effect upon passage. ======== LC001516 ========
  • EXPLANATION
  • SECTION 1. The title of Chapter 5-32 of the General Laws entitled "Electrolysis" is hereby amended to read as follows:
  • CHAPTER 5-32
  • Electrolysis
  • CHAPTER 5-32
  • ELECTROLYSIS AND LASER HAIR REMOVAL
  • SECTION 2. Sections 5-32-1, 5-32-2, 5-32-3 and 5-32-4 of the General Laws in Chapter 5-32 entitled "Electrolysis" are hereby amended to read as follows:
  • 5-32-1. "Electrolysis" defined.Definitions.
  • As used in this chapter:
  • (1) "Electrologist" means a person who is licensed by the department of health to perform electrolysis and/or laser hair removal.
  • (2) For the purposes of this chapter, electrolysis is defined as "Electrolysis" means the method of removing hair from the human body by the application of an electrical current or any form of energy to the hair-papilla or hair germination by means of a needle or needles any other instrument or device to cause decomposition, or coagulation, of the hair-papilla and thus permanently remove the hair dehydration or other form of tissue destruction, to permanently disable the hair follicle from producing hair.
  • (3) "Laser" means the acronym for light amplification by stimulated emission of radiation.
  • (4) "Laser hair removal" means using laser light to perform hair removal or reduction or electrolysis performed with laser light.
  • (5) "Laser light" means an intense, coherent, directional beam of light produced by stimulated emission of photons.
  • (6) "Medical director" means a Rhode Island licensed physician.
  • 5-32-2. Penalty for unlicensed practice.
  • Every person who subsequently engages in the practice of electrolysis in this state without being licensed by the board of examiners in electrolysis is practicing illegally and, upon conviction, shall be fined not more than twenty-five dollars ($25.00) one hundred dollars ($100) and every day of the continuation of illegal practice is a separate offense.
  • 5-32-3. Certificates – Applications – Penalty for violations.
  • The division of professional regulation of the department of health shall issue certificates to practice electrolysis and laser hair removal, as defined in this chapter, to any persons that comply with the provisions of this chapter. Any person who desires to engage in that practice shall submit, in writing, in any form that is required by the board, an application for a certificate to engage in that practice. The application shall be accompanied by a fee as set forth in § 23-1-54. Any person, firm, corporation or association violating any of the provisions of this chapter commits a misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred dollars ($200), or imprisoned for a period not to exceed three (3) months, or both the fine and imprisonment.
  • 5-32-4. Qualifications of applicants.
  • Licenses to engage in the practice of electrolysis and laser hair removal shall be issued to the applicants who comply with the following requirements:
  • (1) Are citizens or legal residents of the United States.
  • (2) Have attained the age of eighteen (18) years.
  • (3) Have graduated from a high school or whose education is the equivalent of a high school education.
  • (4) Have satisfactorily completed a course of training and study in electrolysis, as a registered apprentice under the supervision of a licensed Rhode Island electrologist who is qualified to teach electrolysis to apprentices as prescribed in § 5-32-20, or has graduated from a school of electrolysis after having satisfactorily completed a program consisting of not less than six hundred fifty (650) hours of study and practice in the theory and practical application of electrolysis. That apprenticeship includes at least six hundred and fifty (650) hours of study and practice in the theory and practical application of electrolysis within a term of nine (9) months; provided, that the apprentice registers with the division of professional regulation of the department of health upon beginning his or her course of instruction, and the licensed person with whom they serve that apprenticeship keeps a record of the hours of that instruction, and, upon the completion of that apprenticeship, certifies that fact to the board of examiners in electrolysis.
  • (5) Is of good moral character.
  • (6) Passes an examination approved by the department of health.
  • SECTION 3. Chapter 5-32 of the General Laws entitled "Electrolysis" is hereby amended by adding thereto the following section:
  • 5-32-21. Practice of laser hair removal.
  • (a) A person licensed as an electrologist before July 1, 2019, who has practiced laser hair removal under the supervision of a medical director for not less than two (2) years and has conducted at least one thousand (1,000) laser hair removal treatments, whichever is later, with no disciplinary complaints that were found to be actionable by the department resulting in the suspension of a license, shall be permitted to practice electrology and laser hair removal without medical director oversight. The department may reinstate the requirement to perform laser hair removal under the supervision of a medical director for a period of two (2) years as part of a disciplinary settlement; provided, however, that the department shall not require the medical director to be located on-site, but shall be available for consultation.
  • (b) A person licensed as an electrologist after July l, 2019, shall practice laser hair removal only under the supervision of a medical director, who shall not be required to be located on-site, but who shall be available for consultation. A licensed electrologist, upon completion of two (2) years of practice under the supervision of a medical director, may submit an application to the department certifying the following:
  • (1) Completion of two (2) years of laser hair removal treatment of patients under the oversight of a medical director;
  • (2) Completion of one thousand (1,000) patient laser hair removal treatments; and
  • (3) American Electrology Association Board certification.
  • An electrologist meeting the foregoing criteria shall be exempt from the requirement to practice laser hair removal under the supervision of a medical director. The department may reinstate the requirement to perform laser hair removal under the supervision of a medical director for a period of two (2) years as part of a disciplinary settlement; provided, however, that the medical director shall not be required to be located on-site, but shall be available for consultation.
  • (c) All equipment used for laser hair removal shall comply with all applicable rules and regulations of the United States Food and Drug Administration.
  • (d) An electrologist shall maintain a complete record of receipt, transfer, and disposal for each device used for electrolysis and laser hair removal, which shall be in writing or capable of reproduction in written form, and shall, at a minimum, contain the following data:
  • (1) Manufacturer's name;
  • (2) Model and serial number of the device;
  • (3) Date of the receipt, transfer, or disposal;
  • (4) Name and address of the person the device was received from, transferred to, or to whom the device was transferred for disposal; and
  • (5) Name of the person recording the information.
  • SECTION 4. This act shall take effect upon passage.
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  • LC001516/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO HEALTH AND SAFETY- DELEGATION OF NON-ABLATIVE
  • TREATMENTS
  • ***
  • This act would appropriate procedures regulating the delegation of non-ablative treatment, otherwise known as any laser or intense pulsed light treatment or treatment by another energy source, chemical, or modality that is not expected or intended to remove, burn, or vaporize tissue.
  • This act would take effect upon passage. ======== LC001516 ========
  • OF
  • A N A C T
  • RELATING TO BUSINESSES AND PROFESSIONS – ELECTROLYSIS
  • ***
  • This act would establish the requirements for licensure and regulation of electrologists performing electrolysis and/or laser hair removal.
  • This act would take effect upon passage. ======== LC001516/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

June 13, 2019 at 5:16pm
Yeas: 35 / Nays: 3 / Not voting: 0 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley Y
Sen. Cruz N
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo N
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan N
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y