Interesting Electrologists Bill Introduced in New Hampshire

Posted By American Med Spa Association, Wednesday, January 2, 2019

New Hampshire House Representative Peter Schmidt introduced a new bill for the 2019 legislative session that seeks to amend the electrology statute. Known as HB119, it would, if passed, add a single line to New Hampshire Revised Statue Annotated (RSA) Section 314:8. RSA Chapter 314 governs electrologists in New Hampshire and section 314:8 directs the executive director of the Office of Professional Licensure and Certification to adopt rules on listed specific categories. Currently, 314:8 has 19 rulemaking topics ranging from license fees and application procedures to professional standards and investigations. HB119 would add a 20th topic that requires the director to adopt rules for training requirements on the use of intense pulsed light based hair removal. HB119 can be read in its entirety here.   This is interesting because it does not appear that electrologists would be able to perform IPL hair removal even if trained on the procedure. This is because, in New Hampshire, any treatment that structurally alters human tissue is considered the practice of medicine. However that statutory definition does not apply if another statute grants a person the authority to do something that would normally be the practice of medicine. This is the case with the electrology license, as the statute authorizes holders to perform electrology, which otherwise would be the practice of medicine. Currently, the statute defines electrology as hair removal by the application of an electric current to the hair root by a needle. So, it is currently written that an electrology license-holder can only perform hair removal via electric current through a needle regardless of what other training or education they have received.   As it appears now, HB119 would only require the adoption of training rules for IPL hair removal, but wouldn’t authorize licensees to perform hair removal with IPL. As the 2019 legislative session has just begun, it is possible HB119 will be changed in committee or that a companion bill will be introduced to include IPL in the practice of electrology. AmSpa will be following this bill as it works its way through the legislative process this year.  If you would like to contact Rep Schmidt, the Bill’s sponsor, with questions or concerns you can reach him here through NH House of Representative website.