National Medspa Association (NMSA) Legislative Bill

 Recorded: 2017 | Amended: 2024    Bill Passed by House and Senate   House Bill: NO. 6093    Applicable to: All US Territories and International Foreign Land                             

Provides relative to licensure of Non-invasive Aesthetics

Preamble:

In recognition of the importance of regulating non-invasive aesthetics services for the safety and well-being of practitioners and clients, the National Medspa Association (NMSA) hereby presents this legislative bill aimed at establishing comprehensive guidelines and standards for the industry.


AN ACT

§.Section 6093.1: Establishment of the NMSA 

1.1 The National Medspa Association (NMSA) is hereby established as the governing board for non-invasive aesthetics services for non-professional licensees.

 §.Section 6093.2: Regulatory Authority

2.1 The NMSA shall serve as the sole regulatory authority for non-invasive aesthetics services provided by non-professional licensees.

2.2 The NMSA is recognized as an Independent Self-Regulating Governing Board by esteemed bodies such as the United States Federal and International Trade Commissions, 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 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 services must obtain licensing at either a professional or non-professional level.

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


Practitioner Licensing Pricing:

– Level I Practitioner Annual License: $299.99

– Level I Practitioner Biannual License: $399.99

– Level II Practitioner Annual License: $499.99

– Level II Practitioner Biannual License: $599.99


Educator Licensing & Accreditation Pricing:

– Level I Educator Annual License: $1299.99

– Level I Educator Biannual License: $1499.99

– Level II Educator Annual License: $1699.99

– Level II Educator Biannual License: $1899.99


Renewal Pricing:

– Level I Practitioner Annual Renewal: $199.99

– Level I Practitioner Biannual Renewal: $299.99

– Level II Practitioner Annual Renewal: $399.99

– Level II Practitioner Biannual Renewal: $499.99


Educator/Practitioner Renewal or Upgrade Plans:

– Level I Annual Renewal or Upgrade: $799.99

– Level I Biannual Renewal or Upgrade: $999.99

– Level II Annual Renewal or Upgrade: $1299.99

– Level II Biannual Renewal or Upgrade: $1499.99


 §.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 do not have jurisdiction over non-professional licensees, only over professional license holders.


 §.Section 6093.6: Inspectorate Protocol

6.1 If visited by an inspectorate not affiliated with the NMSA, licensees have the right to deny access without a court order.

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


 §.Section 6093.7: Accreditation for Training Provider

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. 

 

(Amends R.S. 43.605(B)(1)

  1. Course Hours: Certification courses must have a minimum duration of 40 hours, or they can span over 2 consecutive days.

  2. Content: The training course should cover both theoretical knowledge and practical skills related to non-invasive aesthetics.

  3. Testing: Students must be assessed by the training provider before receiving a certification of completion. This typically involves testing their understanding of the course material and their ability to apply it practically.

  4. Virtual Online Self-Paced Courses: For virtual online self-paced courses, the minimum requirement is 40 Continuing Education (CE) credit hours. This implies that participants must complete activities or assessments equivalent to 40 hours of learning to earn certification.

 §.Section 6093.11: Facility Requirements and Inspections

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

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




Mandates Adds R.S. 43.605 (A)(1)

The Purpose of Licensing:

1. Ensuring Competence:

Licensing mandates individuals to demonstrate proficiency in delivering non-invasive aesthetics services. This encompasses mastery of techniques, equipment operation, and adherence to safety protocols, safeguarding clients’ well-being.

2. Protecting Consumers:

By requiring practitioners to obtain licenses, consumers are assured of service quality and reliability. Licensing mitigates risks of harm or injury stemming from inadequate training or substandard practices, fostering trust between providers and clients.

3. Maintaining Standards:

Licensing establishes and upholds industry benchmarks, fostering consistency and excellence in non-invasive aesthetics services. It serves as a hallmark of professionalism and ethical behavior, elevating the overall reputation of the field.

Addressing Misconceptions:

Contrary to common belief, licensing is mandatory for all individuals practicing non-invasive services, irrespective of their professional background or certification status. Legislative measures, such as the 2017 bill, reinforce the necessity of licensing, prohibiting reliance solely on “Certificates of Completion” and mandating licensing for practitioners.


The National Medspa Association (NMSA) Licensing Act for Non-Invasive Aesthetics embodies comprehensive regulations to ensure safety, competence, and ethical practice. It mandates licensing for both non-professional and professional providers, fostering uniform standards and enhancing consumer protection.


Penalties for unlicensed practice underscore regulatory bodies’ seriousness, with fines up to $5,000 for initial offenses. The NMSA and professional governing boards wield authority to enforce licensing requirements, ensuring compliance through fines, license suspension, or revocation.

Understanding Licensing Requirements:

1. Professional License Holders:

Medical professionals administering injectables or performing laser treatments necessitate professional licenses, requiring specialized training and oversight.

2. Non-Professional License Holders:

Individuals offering treatments like body sculpting or lash extensions may need licensing, contingent on state regulations and industry standards. Comprehensive training and certification are imperative for ensuring competency and safety.

Jurisdiction Understanding:

State boards oversee professional license holders, while non-professional licensees governed by the NMSA fall beyond their jurisdiction. However, adherence to ethical standards, safety regulations, and NMSA requirements remains imperative for all practitioners.

Dealing with State Board Infractions:

Facing state board inspections demands composure and professionalism. Understanding rights and seeking support from the NMSA Advocacy Department can mitigate challenges. Practitioners must know their rights, refrain from discussing cases outside the NMSA, and leverage advocacy services for guidance and representation.


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 Non-Invasive 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 non-invasive licensure.
Present law requires a course of practical training and technical instruction extending over
a period of including not less than 40 hours for a
non-invasive aesthetic license.
Proposed law changes present law by reducing the hours needed for licensure to not less than 1 day consecutively and not less than 40 hours of practical training.

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