Session of 2024
HOUSE BILL No. 2643
By Committee on Health and Human Services
Requested by Representative Buehler on behalf of Milan Laser Hair Removal
1-31
1AN ACT concerning health and healthcare; relating to laser hair removal;
2creating the laser hair removal act; restricting the practice thereof to
3certain medical professionals.
4
5Be it enacted by the Legislature of the State of Kansas:
6Section 1. (a) This section shall be known and may be cited as the
7laser hair removal act.
8(b) As used in this section:
9(1) "Advanced practice registered nurse" means a person licensed by
10the board of nursing pursuant to K.S.A. 65-1130, and amendments thereto.
11(2) "Healthcare professional" means a physician, a physician
12assistant, an advanced practice registered nurse or a licensed "professional
13nurse" or "practical nurse" as defined in K.S.A. 65-1113, and amendments
14thereto.
15(3) "Laser hair removal" means the use of a class III laser product or
16class IV laser product as such terms are defined in 21 C.F.R. § 1040.10, the
17use of which has been approved by the federal food and drug
18administration in performing a non-ablative hair removal procedure that
19does not remove the epidermis.
20(4) "Laser hair removal facility" means a business establishment that
21provides laser hair removal.
22(5) "Laser practitioner" means a licensed healthcare professional who
23practices laser hair removal pursuant to this section.
24(6) "Physician" means a person licensed by the state board of healing
25arts to practice medicine and surgery.
26(7) "Physician assistant" means a person licensed by the state board
27of healing arts pursuant to K.S.A. 65-28a04, and amendments thereto.
28(c) (1) Except as provided in this section, on and after January 1,
292025, no person shall perform or attempt to perform laser hair removal
30unless such person is a healthcare professional as defined by this section or
31pursuant to light-based medical treatment regulations adopted by the board
32of healing arts.
33(2) No person shall present oneself, orally or in writing, expressly or
34by implication, as authorized to perform laser hair removal unless
35authorized to do so in paragraph (1).
1(d) A laser practitioner shall only perform laser hair removal using
2lasers approved by the federal food and drug administration for
3noninvasive procedures.
4(e) A laser practitioner who is not a physician shall complete a laser
5practitioner training and education program. A laser training and education
6program may be completed internally at a laser hair removal facility or
7through a third party, if such training and education program is overseen
8by a physician. A laser practitioner training and education program shall
9include not less than 40 total hours of training, which may be a
10combination of didactic training, in-person hands-on training and
11performance of laser hair removal procedures.
12(f) Notwithstanding any other law to the contrary:
13(1) A laser hair removal facility shall have a physician to serve as
14medical director, who shall be responsible for the quality, safety and
15appropriateness of services provided;
16(2) a physician shall establish written practice protocols for laser hair
17removal and complication management provided at a facility, which shall
18be signed by such physician and laser practitioner. A laser practitioner
19shall follow all written procedure protocols established and revised by
20such physician;
21(3) a physician shall not be required to be physically present or
22immediately available to supervise laser hair removal procedures or patient
23evaluations, except that such physician shall be available for
24communication, either in person or by two-way, real-time interactive
25communication;
26(4) a physician shall determine the number of physician assistants
27practicing under the physician's supervision at different laser hair removal
28facilities. A supervising physician shall not be limited in the number of
29physician assistants under such physician's supervision, except that such
30supervising physician shall use professional judgment regarding the
31physician's ability to adequately supervise each physician assistant based
32upon factors adopted in rules and regulations by the board of healing arts;
33(5) a physician shall review not less than 10% of laser hair removal
34patient records; and
35(6) complication management protocols shall utilize a physician,
36physician assistant or advanced practice registered nurse, who may be
37available by two-way, real-time interactive communication.
38(g) Nothing in this section shall prohibit any person in the healing
39arts or practice of nursing in this state from engaging in the practice for
40which they are duly licensed or certified.
41Sec. 2. This act shall take effect and be in force from and after its
42publication in the statute book.