NEW HAMPSHIRE Bill Seeks to Create a Medical Spa Registry

Posted By American Med Spa Association, Tuesday, December 28, 2021

Bill Name: House Bill 1444 (HB 1444) 

Primary Sponsor: Representative Jacinthe Grote

Status: 05/24/2022 Interim Study Work Session taking place

Public Hearing: 01/18/2022 1:00 p.m. LOB302-304
AmSpa’s Take: As long as the requirements and fees are reasonable, registries can be an effective way for medical spas to publicly signal that they are compliant with their state’s practice laws and training requirements. This bill leaves the final setting of fees and approval of training courses to the board, so there is no guarantee how easy the compliance with this registry will be.

Outlook: This bill is in the first steps of the process and based on the sponsor’s past records, it has a higher likelihood of passing. However, this bill does not currently have bipartisan support or the support of the majority party.

Analysis: New Hampshire medical spas are regulated the same as a medical office, or physician’s practice. There isn’t currently a separate set of regulations for medical spa facilities. The newly introduced House Bill 1444 (HB 1444), if passed, would create training, signage and registration requirements for medical spas.   

  As introduced, HB 1444 defines facilities that provide “cosmetic medical procedures” as medical spas and requires that they have one or more medical directors to oversee the practice. Under this bill, a medical director could be a physician, advanced practice registered nurse (APRN), or a doctor of naturopathic medicine. Medical directors are responsible for the medical spa’s compliance and would 

The medical director or another physician, APRN, or naturopath would need to supervise every procedure delegated to a trained non-physician, non-APRN, or non-naturopath. This supervision would require
  HB 1444 requires that medical directors receive training in the various cosmetic medical procedures the medical spa performs. While it does not explicitly list how long or how much training is needed, it does say that manufacturer or vendor provided training is insufficient on its own unless it meets continuing education requirements. Additionally, the licensing boards must approve a continuing education course that medical directors will need to complete.    

  Registration with the Office of Professional Licensure and Certification (the board) would be required under HB 1444. The bill leaves the fee for this registration to be determined later, though a fiscal analysis assumes it will be around $300 every two years. Failure to register a medical spa would be a misdemeanor for any owner or manager. Additionally, HB 1444 requires the executive director to adopt rules and penalties related to issuing, revoking, suspending, or denying registration for medical spas as well as hiring inspectors to investigate medical spas. 

On its surface, the requirements for supervision and training that HB 1444 include are roughly similar to what is currently required. However, the parts left unanswered are what will make the bill “helpful” or a “burden” on medical spas. The unanswered questions are how much the registration fees will be and how long or costly the approved training courses would be. If this bill advances in the legislature, it would be good if these areas are better addressed. We will be monitoring this bill as it works its way through the legislature. If you would like additional information, to read the bill, or to contact the sponsors you can find it through this link