Arkansas Boards Introduce New Rules for Medical Spas

Posted By American Med Spa Association, Friday, March 6, 2020

New proposals by both the Arkansas State Board of Nursing (ASBN) and the Arkansas State Medical Board would create rules for medical spas if adopted. The nursing board’s proposal was published in the February issue of the Arkansas Register (see page 14) and is currently open for comment until March 25, 2020. The medical board’s proposal, referred to as “Rule 46,” has not yet been published for comment but may be published in the coming weeks. As only the nursing board’s proposal has been published, the medical board’s proposal is unofficial, and so may remain the same or be substantially different when it is finally published. We will review the current state of the proposal, but keep in mind that this may not represent the final proposal.
The main provisions of the medical board’s Rule 46 are that:
A physician may collaborate with an advanced practice registered nurse (APRN), provided they hold a board certification in cosmetic, plastic, facial plastics, dermatology or oculoplastics, and they are board-certified by the International Society of Aesthetic Nurses or similar requirements.
The nursing proposal echoes the scope of practice determination of the medical board in that these aesthetic procedures are within the scope of practice for RNs and APRNs, but not licensed practical nurses. It goes on to specify topics and elements of the nurse’s education that are needed to competently provide these procedures, including 14 educational elements that must include both classroom education and hands-on clinical experience. The nursing proposal goes on to specify that:
For this proposal, a “qualified” physician is a physician who meets the medical board’s training requirements, which would include the Rule 46 requirements, if they are adopted.
The nursing board rule is open for comment now, with a public hearing being held on March 12th at 9:00am in the ASBN Boardroom (suite 312) at 1123 S. University Ave. in Little Rock). Comments may be made to Sue Tedford at 501.686.2703 or sue.tedford@arkansas.gov.
As the medical board’s Rule 46 is not yet published, it is not currently open for public comment. We will be monitoring both of these proposals and looking for the publication of the medical board’s proposal in the coming weeks.