Bill Name: House Bill 5538 (HB 5538)

Primary Sponsor: Del. Joe Funkhouser

Status: 02/16/2026 Referred to House Government Organization

AmSpa’s Take: There has been a strong national trend to expand esthetician scopes of practice to include more invasive cosmetic procedures. These bills often face significant debate over the exact scope of the additional treatments. As a result, many bills of this type can become stuck in committee and fail to pass.

Analysis: Currently in West Virginia, as in most states, estheticians can provide a number of skin care services but are unable to provide treatments that qualify as the practice of medicine. If passed, HB 5538 creates a master aesthetician license with an expanded scope to include a number of cosmetic procedures that are currently restricted to the practice of medicine and nursing. This is the second such bill introduced this session in West Virginia; the other is SB 486. 

Under HB 5538 master aestheticians, in addition to the current esthetics scope of practice, would be able to perform cosmetic procedures and modalities affecting the epidermis and superficial dermis. These specific treatments or procedures are not listed in this case but are to be authorized by the board of cosmetology. These master aestheticians would be prohibited from performing any treatment that penetrates beyond the superficial dermis, any medical or surgical procedure, or any treatment that requires a health professional license. In order to qualify for a master aesthetician license, a person would need to complete 600 hours of advanced esthetics education at a board-approved school or training program and pass a written and practical examination. These provisions would take effect 90 days after passage.

HB 5538 would provide a narrower scope of practice when compared to the other master aesthetician bill SB 486. These types of bills often get changed and amended significantly as they move through the process; that will likely be the case here, as well. If you would like additional information, to read the language of this bill or to contact the sponsors or committee, you can find the information you need through here: HB 5538.