Bill > H5087

This bill establishes regulations for medical spas, defining them as entities providing "medical aesthetic procedures" (Level II and Level III procedures, which range from minimally invasive to more invasive treatments). The Department of Public Health (DPH) will license medical spas for two-year terms, inspecting them annually and classifying them based on the procedures offered (Level II, Level III, or both). Entities using terms like "medical aesthetics" or "medical spa" must be licensed, and any licensed medical spa can include a Level I facility (offering procedures within the scope of licensed electrologists, cosmetologists, or aestheticians) but it requires a separate license. All medical spas must maintain patient records for seven years, and practitioners must have appropriate training and supervision as required by their licensing boards. Existing medical spas must register with the DPH within 120 days of the bill's effective date and apply for licensure within a year of new regulations being issued. The bill clarifies that medical aesthetic procedures can only be performed by licensed practitioners in licensed medical spas, exempt private office practices, or licensed hospitals/clinics, and specifies that students in professional schools are exempt during their training. Medical spas offering Level II procedures require a clinical director and a site director, both with specific training and presence requirements, while those offering Level III procedures need a medical director and a site director with similar qualifications. The DPH commissioner will create regulations for these procedures, including training, director duties, and physical plant requirements, and a medical spa advisory committee will provide input on new technologies and regulations. Operating an unlicensed medical spa will result in fines, and the DPH can assess significant fines for non-compliance with correction orders. The bill also addresses the use of laser and intense pulse light devices by electrologists, requiring additional training for those licensed before these devices were included in educational curricula, though a one-year grace period allows those with demonstrated training and experience to take an examination without further education. Finally, the bill clarifies that medical spas are not considered "aesthetic shops" under certain cosmetology regulations and that manufacturers of medical aesthetic devices can demonstrate, service, and train on their equipment without being subject to certain licensing requirements.

Health and Social Services

https://malegislature.gov/Bills/194/H5087