OLR Bill Analysis

sSB 418

AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS CONCERNING MEDICAL SPAS.

SUMMARY:

This bill sets certain requirements and limitations for medical spas (i.e., establishments where cosmetic medical procedures are performed). Among other things, it:

1. requires medical spas to employ or contract for the services of a physician, physician assistant (PA), or advanced practice registered nurse (APRN) with specified training and experience;

2. requires such a provider to perform an initial physical assessment of a person before he or she can undergo a cosmetic medical procedure at the medical spa;

3. allows only such providers, or registered nurses (RNs), to perform cosmetic medical procedures at medical spas; and

4. requires medical spas to provide information, in various formats, regarding their providers' names and specialties.

The bill requires cosmetic medical procedures at medical spas to be performed in accordance with the statutes pertaining to public health (Title 19a) and professional and occupational licensing (Title 20). Among other things, these statutes prohibit anyone from performing procedures outside his or her scope of practice.

The bill applies to all facilities where cosmetic medical procedures are performed, including unlicensed facilities and hospitals or other licensed health care facilities.

EFFECTIVE DATE: October 1, 2014

COSMETIC MEDICAL PROCEDURE AT MEDICAL SPAS

Definition

Under the bill, a “cosmetic medical procedure” is a procedure directed at improving the person's appearance and that does not meaningfully promote proper body function or prevent or treat illness or disease. These procedures may include cosmetic surgery, hair transplants, cosmetic injections or soft tissue fillers, dermaplaning, dermastamping, dermarolling, dermabrasion that removes cells beyond the stratum corneum, chemical peels using modification solutions exceeding 30% concentration with a pH value 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 (e.g., Botox), and the use of class II medical devices designed to induce deep skin tissue alteration. (The U.S. Food and Drug Administration classifies medical devices into three classes, with regulatory control increasing from class I to class III.)

Qualifications of Physicians, PAs, or APRNs

Under the bill, a physician, PA, or APRN employed by or under contract with a medical spa must:

1. be licensed in Connecticut,

2. be actively practicing in the state,

3. have education or training from a higher education institution or professional organization in performing cosmetic medical procedures, and

4. have experience performing these procedures.

(The bill does not set specific standards for RNs performing procedures at medical spas.)

Provider Information

The bill requires medical spas to post notice in a conspicuous place accessible to customers of the names and any specialty of the physicians, PAs, APRNs, or RNs performing cosmetic medical procedures at the spa. This same information must be (1) posted on the spa's website and (2) provided in a written notice to people undergoing procedures at the facility, before the procedure. Any spa advertisements must also contain this information or indicate that it is available on the facility's website and list that address.

COMMITTEE ACTION

Public Health Committee

Joint Favorable Substitute

Yea

25

Nay

1

(03/21/2014)