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NMSA Legislative Bill

Recorded: 2017 | Amended: 2024

Bill Passed by House and Senate

House Bill

NO. 6093

Constitution Applicable To

All US Territories and International Foreign Land

Purpose

Provides relative to licensure of Non-invasive Aesthetics and licensing endorsement for Invasive Aesthetics

Preamble

In recognition of the vital importance of regulating both non-invasive aesthetics services and invasive cosmetic aesthetic endorsements, this legislative bill is presented by the National Medspa Association (NMSA). The primary aim is to ensure the safety, well-being, and professional standards of both practitioners and clients within the aesthetics industry. The growing popularity and demand for aesthetic procedures necessitate stringent oversight and standardized practices to protect all parties involved. This bill outlines the establishment of comprehensive guidelines and regulatory standards that address the educational, operational, and ethical aspects of non-invasive and invasive aesthetic practices.

By implementing these regulations, the NMSA seeks to promote a higher level of professionalism, enhance consumer confidence, and safeguard public health. The bill recognizes the diverse nature of aesthetic procedures and aims to ensure that all practitioners, regardless of their professional background, adhere to consistent and rigorous standards. Ultimately, this legislative initiative underscores the NMSA's commitment to fostering a safe and well-regulated environment in which aesthetic services are delivered with the highest levels of competence and care.

AN ACT

Section 6093.1: Establishment of the NMSA

The National Medspa Association (NMSA) is hereby established as the governing board for non-invasive aesthetics services and invasive cosmetic aesthetic endorsements that allow certified medical providers to practice under our licensing as a Level III practitioner and/or educator.

Section 6093.2: Regulatory Authority

2.1 NMSA operates as a private, independent governing and credentialing body that works alongside state and regulatory boards. We serve as a regulatory authority for non-invasive aesthetics services and invasive cosmetic aesthetic endorsements provided by non-professional licensees.

2.2 The NMSA is recognized as an Independent Self-Regulating Governing Board, underscoring its authority and commitment to excellence.

Section 6093.3: Mandate and Responsibilities

3.1 The NMSA's mandate includes enforcing by-laws, setting industry standards, and collaborating with state officials to ensure compliance with non-invasive aesthetics and invasive cosmetic aesthetic endorsement occupational standards.

3.2 The NMSA shall uphold stringent standards and guidelines to safeguard the interests of both practitioners and clients.

3.3 Collaboration with state officials is essential to promote compliance and facilitate industry growth.

Section 6093.4: Licensing Requirements

4.1 All individuals performing non-invasive aesthetics services and those with invasive cosmetic aesthetic endorsements must obtain licensing at either a professional or non-professional level. Invasive Aesthetic endorsement licensures are regulated by the NMSA and the Medical Board.

4.2 Professionals must follow their state board regulations, while non-professionals must abide by the regulations set by the NMSA Board of Regulators.

Level I Practitioner

Education Prerequisite:
  • 17 Years of age
  • 16-hour CE Training (Minimum of 2 days; includes online training modules)
  • Certification of Completion
Business Prerequisite:
  • EIN
  • Articles of Incorporation
  • Business Insurance
  • Resellers License (only if products are being sold)
Level I Services:

Body Sculpting: Body Sculpting, LED Light Therapy, Cavitation, Low Level Laser Lipo, Low Level RF, Vacuum Therapy Enhancement, Body Wrapping, Wood Therapy, Ice Sculpting, Infrared Therapy, Lymphatic Stimulation

Brows: Brow Lamination, Henna Brows, Brow Threading

Lash Extensions

Vaginal: V-Steaming

Tanning: Basic Tanning

Hair Removal: Sugar Waxing, Strip Waxing

Level II Practitioner

Education Prerequisite:
  • 17 Years of age
  • 16-hour CE Training (Minimum of 2 days for Level I Services)
  • 32-hour CE Training (Minimum of 4 days for Level II Services; includes online training modules)
  • Certification of Completion
Business Prerequisite:
  • EIN
  • Articles of Incorporation
  • Business Insurance
  • Resellers License (only if products are being sold)
Level II Services:

Body Sculpting: Body Sculpting LED Light Therapy, Cavitation, Low Level Laser Lipo, Low Level RF, Vacuum Therapy Enhancement, Body Wrapping, Wood Therapy, Ice Sculpting, Infrared Therapy, Lymphatic Stimulation, Em-Sculpting, Cool Sculpting, Cryotherapy

Brows: Brow Lamination, Henna Brows, Brow Threading

PMU: Microblading, Micro-Shading, Scalp Pigmentation, Powder Brows, Areola Micro-pigmentation, Lip Pigmentation, Stretch Mark Camouflage, PMU Eyeliner

Lash Extensions

Vaginal Services: V-Steaming, Vaginal & Facial HIFU

Tanning: Basic and Advanced Tanning

Artificial Nails: Acrylic, Gel, Powder, Encapsulation

Hyaluron Pen: Lip Fillers, Fat Dissolvers, Enhancement Fillers, Dermal Fillers

Aesthetics: Carbon Laser Facial, Plasma Fibroblast, Chemical Peels

Hair Removal: Sugar Waxing, Strip Waxing, Hard Waxing, Laser Hair Removal, IPL

Oral Care: Teeth Whitening, Tooth Gems

Body Piercing: Ears, Nose, Facial, Genitals

Level III Practitioner

Education Prerequisite:
  • 17 Years of age
  • 16-hour CE Training (Minimum of 2 days for Level I Services)
  • 32-hour CE Training (Minimum of 4 days for Level II Services; includes online training modules)
  • Certification of Completion for Level I or Level II Services
  • Must hold a valid, unexpired certification as a CCMA, CMA, or Phlebotomist
  • Higher classed medical providers must provide proof of medical certification or license
  • CCMA & CMA: 8 Week + Accredited Training, 80+ Clinical Hours Completed
  • Phlebotomist: 6 Week + Accredited Training, 40+ Clinical Hours Completed
  • Higher classed medical providers: 6 Week + Accredited Training, 40+ Clinical Hours Completed

Medical Director — Recommended, Not Required:

A medical director can be recommended for practitioners who wish to offer prescription-based or medically supervised services. Medical director fees vary by location and services offered. For a customized quote, contact us directly.

A Level III license may be obtained without a medical director if the practitioner is not administering medications, anesthesia, or any prescription-based treatments.

Practitioners may perform certain advanced aesthetic services using non-prescription products that do not legally require physician oversight, depending on the product and supplier requirements.

However, if services involve prescription-based injectables or regulated medical treatments, a licensed medical provider may be advisable depending on your state's scope of practice regulations.

Important:

NMSA does not override any state or local regulations. Practitioners are responsible for ensuring compliance with all applicable laws regarding medical procedures and injections within their jurisdiction.

Business Prerequisite:
  • EIN
  • Articles of Incorporation
  • Business Insurance
  • Resellers License (only if products are being sold)
Level III Services:

Cosmetic Injections: Botox, Botulinum Toxins, Neurotoxins, Mesotherapy, Dermal Fillers, Lip Fillers, Enhancements, Fat Dissolvers

IV Hydration: IV Drip, Vitamin Boost, Energy Boost, Heart Health, Inflammatory, Immunity, Weight Management

Renewals

Licensing Renewal:

To maintain the highest standards in our industry, all licenses must be renewed on an annual or biannual basis. Notifications will be sent out well in advance of your renewal date to ensure you have ample time to complete the process. Please be aware that timely renewal is essential for continuous practice. If payment is not received by the due date, your license will lapse, and you will be required to resubmit your application along with the appropriate fees to reinstate your license. We encourage all practitioners to renew promptly to avoid any disruptions in your ability to provide services.

Licensing Reinstatement Fee Notice:

Please be advised that a reinstatement fee of $99.99 will be applicable for licenses that lapse for a period exceeding seven days. This fee is necessary to cover administrative costs associated with reinstating lapsed licenses and ensuring compliance with regulatory requirements. We urge all practitioners to renew their licenses promptly to avoid any inconvenience or additional fees. Thank you for your attention to this matter.

Section 6093.5: Collaboration with State Officials

5.1 The NMSA shall collaborate with state officials to ensure members operate within legal parameters.

5.2 State Boards exclusively regulate professional license holders and lack jurisdiction over non-professional licensees. Level III invasive aesthetic providers adhere to medical board governance and can acquire endorsement licensing through the NMSA. This facilitates coverage for cosmetic injections, often not encompassed by medical certifications or licensing.

5.3 Understanding Your Rights and Responding to Outside Governing Boards

To ensure compliance with industry regulations and to protect your practice, we strongly advise the following: Avoid Shared Facilities with Cosmetologists and Estheticians. NMSA licensees are encouraged not to work in the same facility as a cosmetologist or esthetician. Under cosmetology regulations, cosmetologists and estheticians cannot perform aesthetic services. If found practicing within the same setting, both fines and shutdowns can occur.

Statement of Understanding:

You've read the above clause and understand that it's against NMSA Regulations to work in the same facility as a cosmetologist or esthetician.

Guidance for Cosmetologists and Estheticians: If you currently hold a cosmetologist or esthetician license, you will need to seek advice from your governing board regarding rendering aesthetic services. Most cosmetology boards will require their licensees to work under a medical director.

Obtaining an NMSA License: If you are a cosmetologist or esthetician and wish to obtain an NMSA license, you will be required to cancel the opposing licensure before proceeding or abide by your governing board's regulations regarding aesthetic services.

Please note: One license will cancel out the other.

Recommendations for Practice: To combat this issue, we recommend our members work in environments with peers who hold the same licensing status. This approach not only helps avoid regulatory conflicts but also fosters a professional setting tailored to non-invasive and invasive aesthetic services.

By adhering to these guidelines, you can minimize the risk of legal complications and maintain the integrity of your practice. It is our mission to empower you with the knowledge necessary to protect your rights amidst recent concerning developments, such as fines imposed by outside government boards and instances of falsified impersonations for fine payments. Here's how you can navigate through these situations effectively:

Section 6093.6: Inspectorate Protocol

6.1 If approached by an external inspector, licensees should request proper legal documentation and consult NMSA for guidance before proceeding.

6.2 Contacting the NMSA for representation is advised in such situations.

Step 1: Handling Inspections by Outside Governing Boards

  • •If approached or visited by an outside governing board other than the NMSA, request proper legal documentation from the inspector and consult NMSA for guidance before proceeding.
  • •Immediately complete the Legal Representation form provided by NMSA to secure legal representation.

Step 2: Dealing with Inspectors

  • •Typically, inspectors may not return once informed of the requirement for a court order. If they do return, our NMSA Advocates will have already made contact, and no further interactions should occur without your legal counsel present.

Important Considerations:

Most cases of this nature take several months to resolve. During this period, you are generally permitted to continue business operations as usual unless specifically instructed otherwise by NMSA legal counsel. Your diligence in following these steps is crucial to safeguarding your practice and ensuring fair treatment.

Section 6093.7: Accreditation for Training Providers

7.1 Training providers must be accredited, and certifications of completion are not deemed legal documents for rendering paid services.

7.2 NMSA accepts certifications from other providers, provided they meet standards.

Section 6093.8: Mandatory Courses

8.1 Licensees must complete six mandatory courses approved by OSHA & HIPAA, including CPR & First Aid, Infection Control, and others.

8.2 Pricing for each course is $39.99, and professionals holding valid licenses are exempt from mandatory courses.

Section 6093.9: Zoning and Location

9.1 Licensees are responsible for understanding zoning requirements and selecting suitable locations.

9.2 NMSA does not assist with zoning matters, and licensees are recommended to find flexible leaseholders.

Section 6093.10: Licensing Process

10.1 The licensing process involves selecting a licensing level, completing a notarization form, mandatory courses, and submitting the application.

10.2 Licensees may obtain temporary work permits and digital travel visas if required.

10.3 Educators can incorporate licensing fees into student tuition and enroll in the affiliate program for commissions.

Section 6093.11: Consumer Operations Act for Aesthetic Practitioners

1. Purpose and Scope

The purpose of this act is to establish guidelines and regulations for the operations of aesthetic practitioners licensed by the National Medspa Association Licensing Board (NMSA). This act aims to ensure high standards of practice, protect consumer rights, and promote safety and efficacy in aesthetic procedures. It covers both non-invasive and invasive aesthetic procedures but excludes the practice of medicine.

2. Definitions

  • Aesthetic Practitioner: An individual licensed under the NMSA to perform aesthetic procedures, both non-invasive and invasive, excluding any medical treatments.
  • Consumer: Any individual receiving services from a licensed aesthetic practitioner.
  • Medspa: A facility where non-invasive and invasive aesthetic treatments are provided under the supervision of licensed professionals, excluding the practice of medicine.

3. Licensing Requirements

  • All aesthetic practitioners must hold a valid license issued by the NMSA.
  • Practitioners must complete continuing education requirements as specified by the NMSA to maintain their license.

4. Standards of Practice

  • Aesthetic practitioners must adhere to the highest standards of professional conduct and practice.
  • Practitioners must use only approved methods and equipment for all procedures.
  • Informed consent must be obtained from the consumer prior to any procedure, including detailed information about the risks, benefits, and alternatives.
  • Practitioners must maintain accurate and confidential records of all treatments provided to consumers.
  • Procedures must be clearly distinguished between non-invasive (e.g., laser hair removal treatments, PMU) and invasive (e.g., procedures like Botox fillers) treatments.

5. Consumer Rights

  • Consumers have the right to be treated with respect and dignity.
  • Consumers have the right to receive comprehensive information about the qualifications of the practitioner, the procedures to be performed, and the expected outcomes.
  • Consumers have the right to privacy and confidentiality regarding their treatment and personal information.
  • Consumers have the right to file a complaint with the NMSA if they believe their rights have been violated or if they have experienced substandard care.

6. Safety and Sanitation

  • All practitioners must adhere to strict hygiene and sanitation protocols to prevent infections and complications.
  • Equipment and facilities must be regularly inspected and maintained according to NMSA standards.

7. Enforcement and Penalties

  • The NMSA will conduct regular audits and inspections to ensure compliance with this act.
  • Violations of this act may result in disciplinary actions, including fines, suspension, or revocation of the practitioner's license.
  • Practitioners found guilty of malpractice or ethical violations may be subject to additional legal actions.

8. Effective Date

This act shall take effect on January 1, 2017, and all aesthetic practitioners must comply with its provisions by this date.

Section 6093.12: Facility Requirements and Inspections

12.1 Facilities must adhere to health and sanitation standards, equipment cleanliness, and proper storage.

12.2 Inspections shall be conducted to ensure compliance, with corrective action required for deficiencies.

Licensing and Documentation:

  • Facility License: Display the facility license in a prominent and visible area of the medspa. Ensure the facility license is up-to-date and renewed as required by the National Medspa Association Board of Regulations.
  • Occupational License: Verify and maintain up-to-date occupational licenses for all practitioners and educators. Display individual occupational licenses for each provider in treatment rooms or areas where services are provided.
  • Training and Certification Documentation: Keep records of staff training and certifications, including completion of mandatory courses such as CPR/AED & First Aid, Infection Control, Bloodborne Pathogens, Anatomy, Vital Signs, and Theory Knowledge. Ensure certifications are current and renewed as necessary.
  • Client Consent Forms: Obtain signed consent forms from clients before performing any procedures. Ensure consent forms are clear, comprehensive, and include information on the risks, benefits, and alternatives of treatments.
  • Medical Records: Maintain accurate and detailed medical records for each client, including medical history, treatments received, and any adverse reactions. Store medical records securely to protect client confidentiality and comply with HIPAA regulations.
  • Incident/Complaint Reports: Document any incidents or accidents that occur within the facility, including details of the event and actions taken. Review and analyze incident reports to improve safety and prevent future occurrences. Display the complaint sign in a conspicuous location for clients to see.

General Facility Requirements:

  • Ensure the entire facility is regularly cleaned and well-maintained. All areas, including waiting rooms, treatment rooms, and restrooms, should be kept clean and orderly, with floors, walls, and ceilings in good repair.
  • Lighting and Ventilation: Maintain adequate lighting and proper ventilation systems throughout the facility to ensure a well-lit and comfortable environment.
  • Restrooms: Restrooms must be clean, functional, and stocked with necessary supplies. They should be easily accessible to both clients and staff.
  • Waiting Areas: Provide a comfortable waiting area with adequate seating for clients. Include reading materials and informational brochures for clients.
  • Administrative Areas: Keep the reception desk clean and organized. Ensure computers, phones, and other office equipment are in good working condition. Have client intake forms and informational materials readily available.
  • Safety and Emergency Equipment: Install and regularly inspect fire extinguishers and smoke detectors. Ensure emergency exits are clearly marked and unobstructed. Keep first aid kits easily accessible and fully stocked.
  • Storage Areas: Store supplies and equipment in designated areas. Keep storage areas clean and organized to prevent clutter.
  • Ambiance: Create a welcoming and professional ambiance with tasteful and appropriate décor suitable for a medspa setting.

Safety and Sanitation:

  • Compliance with Regulations: Adhere to all OSHA and local health regulations to maintain a safe environment for both clients and staff.
  • Hand Hygiene: Ensure the availability of hand sanitizers and handwashing stations throughout the facility. Promote regular handwashing among staff and clients to prevent the spread of infections.
  • Cleaning and Disinfection: Implement regular cleaning and disinfection schedules for all areas, including treatment rooms, waiting areas, and restrooms. Use EPA-approved disinfectants to clean surfaces and equipment.
  • Waste Disposal: Properly dispose of all waste materials, including sharps and biohazards waste, in accordance with local regulations. Use clearly labeled and appropriate containers for different types of waste.
  • Personal Protective Equipment (PPE): Provide necessary PPE such as gloves, masks, and gowns for staff to use during treatments. Ensure that PPE is used correctly and disposed of properly after use.
  • Treatment Room Standards: Keep treatment rooms clean and sanitized, with all surfaces disinfected between clients. Ensure that all treatment beds and equipment are covered with clean, disposable coverings.
  • Sterilization of Equipment: Regularly sterilize all reusable equipment and tools to prevent cross-contamination. Use autoclaves or other approved sterilization methods as required.
  • Laundry and Linens: Wash all linens and towels in hot water and use appropriate detergents and disinfectants. Store clean and used linens separately to prevent contamination.
  • Staff Training: Regularly train staff on proper safety and sanitation procedures. Ensure that all staff are knowledgeable about infection control protocols and emergency response procedures.
  • Emergency Preparedness: Keep emergency contact numbers easily accessible. Train staff in CPR and first aid to handle any emergencies that may arise.

DIGEST

The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument.

Abstract: Requires a website to assist with non-invasive licensure and changes the requirements needed for non-invasive licensure. Present law outlines the powers and duties of the National Medspa Association Governing Board of Aesthetics (board). Proposed law adds the requirement that the board create and maintain a website that allows applicants to apply, pay fees, and see their current status for an aesthetic licensure.

(Amends R.S. 43.605(B)(1); Adds R.S. 43.605 (A)(1))

Disclaimer: NMSA is a private credentialing and professional organization. Licensing does not replace any required state, local, or federal licenses. It is the responsibility of the practitioner to comply with all applicable laws and regulations.

Legislative Compliance Support

Questions about NMSA legislative requirements or licensing regulations? Our compliance team is available to assist you.

Contact: legal@nationalmsa.org