Oklahoma Bill Would Create New Cosmetic Procedure Licenses

Posted By American Med Spa Association, Thursday, January 21, 2021

A new bill introduced in Oklahoma would create newly licensed professions for medical spas. The bill’s primary sponsor is Representative Tammy Townley, and it is known as House Bill 2013 (HB 2013). You can review the text of HB 2013 in full here. It has had its first reading before the House and awaits assignment to a committee for further consideration.
HB 2013 is very similar to a bill introduced last year, HB 2681, which ultimately did not pass. It would create new licenses and certifications issued by the Oklahoma Department of Health that would permit the holders to perform certain cosmetic procedures. “Cosmetic procedures,” in this case, are broken into three categories, each with its own license:
Under HB 2013, laser hair removal includes both laser and light-based non-ablative hair removal procedures. Cosmetic tattooing includes microneedling and microblading that is used to mark or color the skin. The bill’s definition of microneedling includes the use of needles for cologne production only at this time; we do not know if that would include radiofrequency microneedling or platelet-rich plasma treatments, as those modalities are not included in the definition. Permanent cosmetic coloring is the practice of tattooing to simulate hair or makeup.
All licensees are specifically prohibited from treating any sort of ailment and from practicing medicine. The licensed practitioners would be required to practice in licensed laser hair removal, permanent cosmetic coloring or cosmetic tattooing facilities; however, physician- or hospital-owned facilities are exempt from this bill. Further, licensed health care professionals are exempt from the laser hair removal license if their scope of practice allows them to perform the procedure.
There is a trend in many states to move common medical spa procedures either to their own license, such as with laser hair removal technicians, or to expand the scope of practice of aestheticians or master aestheticians. HB 2013, while being part of this trend, is somewhat unique in creating a standalone certification for microblading and microneedling, as microblading typically is included in the general tattooing laws of most states.
We will be monitoring HB 2013 as it works its way through Oklahoma’s legislative process this year.