2021 -- H 5844

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LC002146

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Representatives Baginski, Casimiro, and Bennett

     Date Introduced: February 24, 2021

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 95

MEDICAL SPAS

     23-95-1. Definitions.

     For purposes of this chapter:

     (1) "Cosmetic medical procedure" means any procedure performed on a person that is

directed at improving the person's appearance and that does not meaningfully promote the proper

function of the body or prevent or treat illness or disease and may include, but is not limited to,

cosmetic surgery, microneedling, hair transplants, cosmetic injections, cosmetic soft tissue fillers,

dermaplaning, dermastamping, dermarolling, dermabrasion that removes cells beyond the stratum

corneum, chemical peels using modification solutions that exceed thirty percent (30%)

concentration with a pH value of lower than 3.0, laser hair removal, laser skin resurfacing, laser

treatment of leg veins, sclerotherapy and other laser procedures, intense pulsed light, injection of

cosmetic filling agents and neurotoxins and the use of class II medical devices designed to induce

deep skin tissue alteration.

     (2) "Medical spa" means an establishment in which cosmetic medical procedures are

performed.

     23-95-2. Medical spa personnel.

     (a) Each medical spa shall employ or contract for the services of:

     (1) A physician licensed pursuant to chapter 37 of title 5; or

     (2) A physician assistant licensed pursuant to chapter 54 of title 5; or

     (3) A registered nurse licensed pursuant to chapter 34 of title 5.

     (b) Each such physician, physician assistant or registered nurse shall:

     (1) Be actively practicing in the state; and

     (2) Have received education or training from an institution of higher education or

professional organization to perform cosmetic medical procedures and have experience performing

such procedures.

     (c) Any cosmetic medical procedure performed at a medical spa shall be performed by such

physician, physician assistant, or a registered nurse licensed pursuant to chapter 34 of title 5.

     (d) A physician, physician assistant or registered nurse who is employed by, or under

contract with, the medical spa shall perform an initial physical assessment of each person

undergoing a cosmetic medical procedure at the medical spa prior to such procedure being

performed.

     (e) Each medical spa shall post information, including the names and any specialty areas

of any physician, physician assistant, or registered nurse performing cosmetic medical procedures,

in a conspicuous place that is accessible to customers at the medical spa and on any Internet website

maintained by the medical spa. Such information shall also be:

     (1) Contained in any advertisement by the medical spa or state that such information may

be found on the medical spa's Internet website and list the address for such Internet website; and

     (2) Contained in a written notice that is provided to each person before undergoing any

cosmetic medical procedure at the medical spa.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY

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     This act would require medical spas to employ or contract for the services of a licensed

physician, physician assistant, or registered nurse. Additionally each spa would be required to post

information about personnel performing cosmetic medical procedures, and provide a written notice

to a person before said procedure is performed.

     This act would take effect upon passage.

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