Back to All NewsNew York Laser Hair Removal Bill Passes Senate Moves to Assembly
Posted By American Med Spa Association, Thursday, June 6, 2019
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The New York Senate has passed its version of a bill that would provide for the regulation and licensure of laser hair removal (LHR) in the state. We previously discussed the Assembly’s version, which is known as Assembly Bill 821 (AB 821). The Senate version of this bill is known as Senate Bill 2834 (SB 2834); it is sponsored by Senator Diane Savino and has passed the Senate. This bill now heads to the Assembly, where the Committee on Economic Development will consider it further. You can review the text of SB 2834 in full here.
SB 2834 has identical language to AB 821—both bills define LHR to include the use of both lasers and pulsed light when used to remove hair but not remove the epidermis. They would consider these types of procedures to be part of the practice of “esthetics” and regulate them under the Division of Licensing Services, a division of the Department of State. This would create a subspecialty within the esthetician license called “Laser Hair Removal Technician.” A person holding the LHR Technician license would be able to perform laser and light-based LHR procedures, but no other esthetician services unless he or she is separately licensed as a full esthetician. LHR businesses under the bills would need to maintain minimums for liability insurance, have a certified “Laser Safety Officer,” and have a consulting physician familiar with lasers. Also, if LHR is being performed at a medical practice, the practice would be exempted from needing the laser safety officer and consulting physician.
As we previously discussed, New York is an outlier in that it does not regulate LHR either as a medical procedure or as a licensed profession. While SB 2834 passing the Senate is a major step to passing these regulations, it is still far from certain if it will pass the Assembly. AB 821 was referred to the Committee on Economic Development on January 11 and has thus far made no progress. SB 2834 now sits in the same committee, and only time will tell if it will make it out of there. AmSpa will monitor AB 821 and SB 2834 as they work their way through the legislative process.
SB 2834 has identical language to AB 821—both bills define LHR to include the use of both lasers and pulsed light when used to remove hair but not remove the epidermis. They would consider these types of procedures to be part of the practice of “esthetics” and regulate them under the Division of Licensing Services, a division of the Department of State. This would create a subspecialty within the esthetician license called “Laser Hair Removal Technician.” A person holding the LHR Technician license would be able to perform laser and light-based LHR procedures, but no other esthetician services unless he or she is separately licensed as a full esthetician. LHR businesses under the bills would need to maintain minimums for liability insurance, have a certified “Laser Safety Officer,” and have a consulting physician familiar with lasers. Also, if LHR is being performed at a medical practice, the practice would be exempted from needing the laser safety officer and consulting physician.
As we previously discussed, New York is an outlier in that it does not regulate LHR either as a medical procedure or as a licensed profession. While SB 2834 passing the Senate is a major step to passing these regulations, it is still far from certain if it will pass the Assembly. AB 821 was referred to the Committee on Economic Development on January 11 and has thus far made no progress. SB 2834 now sits in the same committee, and only time will tell if it will make it out of there. AmSpa will monitor AB 821 and SB 2834 as they work their way through the legislative process.
