乐播传媒

October 11, 2024

For the 2024 state legislative sessions that began in January 2024, state legislators introduced 64 bills related to body art. Of these bills, 19 were passed and enacted into law. Body art legislation covered topics such as barbering and cosmetology, acupuncture, tattooing, piercing and massage services.

Alabama S 137 Massage Therapy Licensing Board (Act No. 361) terminates the Board of Massage Therapy and creates the Massage Therapy Licensing Board. The bill provides for membership and organization of the new board under the initial temporary oversight of the Board of Nursing. The bill also provides for the transfer of all powers, duties, rights, records, and property from the former board to the new board, as well as temporarily extends the renewal date of certain licenses and registrations issued by the former board.

Arizona H 2168 Barbering and Cosmetology (Chap. No. 250) provides that the state Barbering and Cosmetology Board may not issue a license to a person whose presence in the U.S. is not authorized under federal law. The bill also provides that an applicant for a barber license shall complete and receive appropriate credits for at least 2 years of high school education or the equivalent, and submit satisfactory evidence that the applicant is at least a specified age. Further, the bill appropriates funds to the board for IT development.

Arizona S 1163 Board of Homeopathic and Integrated Medicine Examiners (Chap. No. 106) provides that the executive director of the Acupuncture Board of Examiners shall serve as the executive director of the Board of Homeopathic and Integrated Medicine Examiners. The bill provides that the board shall maintain a record of its acts and proceedings, including the refusal to issue a license or the issuance, renewal, suspension, or revocation of licenses to practice, and shall meet each January with the Acupuncture Board of Examiners to set financial compensation for staff and operating expense sharing.

California A 1264 Acupuncture (Chap. No. 582) authorizes the Acupuncture Board, or its designee, upon complaint, to inspect specified premises, places of practice, or clinics. The bill requires specified records to be open to inspection by the board, or its designee, during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action or issuance of a citation and fine by the board.

California HR 48 Acupuncture proclaims July 12 as California Acupuncture Day and encourages all Californians to consider the use of acupuncture.

District of Columbia B 247 Female Genital Mutation Prohibition Act prohibits female genital mutilation of a person under care, expands mandated reporter requirements to include female genital mutilation, and provides for a civil action for female genital mutilation.

Florida H 975 Background Screening Requirements (Chap. No. 243) revises licensure, registration, or certification requirements for acupuncturists, relates to background screenings and certifications, and provides qualifications for a person seeking certification as a person with lived experience. The bill also requires lead continuum of care agencies to submit certain information to the Department of Children and Families for background screening, provides duties of the department, prescribes screening requirements, and specifies disqualifying offenses for a person applying for certification.

Illinois H 5135 Melanoma Education Law (P.A. No. 851) amends the Acupuncture Practice Act by providing that an applicant who applies for original licensure must provide proof of completion of a course approved by the department in abnormal skin growth education, including training on identifying melanoma.

Louisiana H 83 State Health Officer Act (Act No. 365) requires the state health officer to require commercial body art facilities to disclose regulatory status and health risks posed by certain body art products and services. Louisiana HCR 88 urges the Food and Drug Administration to regulate tattoo ink.

Maryland S 236 State Acupuncture Board Sunset Extension (Chap. No. 387) continues the State Acupuncture Board in accordance with the provisions of the Program Evaluation Act by extending to a specified date the termination provisions relating to the statutory and regulatory authority of the board.

New York A 5729 Insurance Coverage for Certain Tattoos (Chap. No. 228) requires certain insurers to provide coverage for tattooing performed by a physician as part of breast reconstruction surgery. The bill also provides that every policy providing certain coverage shall also provide coverage for the tattooing of the nipple-areolar complex pursuant to or as part of such reconstruction if such tattooing is performed by a licensed physician or other healthcare practitioner licensed, certified, or authorized and acting within their scope of practice.

Ohio, H 158 Regulation of Cosmetologists and Barbers (Sess. Law 43) makes changes to the law governing the regulation of cosmetologists and barbers, and provides for entry into the Cosmetology Licensure Compact.

Oklahoma H 2141 State Board of Cosmetology and Barbering Law (Chap. No. 282) relates to the State Board of Cosmetology and Barbering and increases fees charged by the board for certain registrations, examinations, and licenses. The bill modifies hours of instruction after a date, adds requirements for certain instructors, establishes education and certification requirements for certain instructors. The bill also modifies hours for certain examinations and training, allows for compensation, and requires certain curricula for apprenticeship programs from approved organizations.

Oklahoma H 3428 Tattoo and Body Piercing Act (Chap. No 270) relates to tattoo and body piercing and license requirements, rules, regulations, and penalties. The bill modifies mandatory rules, removes license requirements, adds enforcement authority to the state Department of Health, and provides enforcement authority to the state attorney general and district attorneys.

Pennsylvania H 1490 Acupuncture Licensure Act (Act No. 38) exempts from licensure requirements an individual who holds a current license, certificate, registration, or permit to practice acupuncture from another state, territory, or country and seeks to practice acupuncture in the state for the limited purpose of attending a continuing acupuncture course in the state commonwealth. The bill provides that an acupuncturist may practice Asian medicine if the acupuncturist meets specified requirements. Further, the bill provides for continuing education requirements.

The Utah legislature passed five laws on body art. Utah H 39 extends the sunset date for the Massage Therapy Practice Act. Utah H 312 Professional Licensing Amendments modifies licensure provisions related to animal massage therapists and allows an individual to engage in the practice of animal massage therapy without a massage therapist license.

Utah H 365 Cosmetic Procedure Amendments relates to cosmetic procedures and allows a telemedicine service to the used for an initial consult before the initiation of a treatment protocol or series of treatments. The bill provides that for a nonablative cosmetic medical procedure for tattoo removal, a supervisor supervising a nonablative cosmetic medical procedure for tattoo removal shall have an unrestricted license to practice medicine or advanced practice registered nursing in the state and develop the medical treatment plan.

Utah H 403 Body Art Facility Amendments enacts provisions related to body art facilities and requires the Department of Health and Human Services to promulgate minimum rules of sanitation for body art facilities.

Utah S 112 Cosmetology and Associated Professions Licensing modifies the Cosmetology and Associated Professions Licensing. The bill establishes a state license for eyelash and eyebrow technicians, technician instructors, and technology schools. The bill allows a licensed instructor to teach the instructor鈥檚 scope of practice at any licensed school. The bill also modifies the membership of the Cosmetology and Associate Professions Licensing Board and reduces the training and experience requirements.

Virginia, H 1278 Auricular Acupuncture (Chap. No. 548) relates to auricular acupuncture and the use of the five-needle protocol (5NP). The bill allows any person to engage in 5NP (i.e., a standardized protocol where up to five needles are inserted into the external human ear to provide relief from the effect of behavioral health conditions), provided such person has appropriate training in 5NP through the National Acupuncture Detoxification Association, the People鈥檚 Organization of Community Acupuncture, or other valid associations.

Vermont鈥檚 H 870 Office of Professional Regulation (Act No. 158) proposes to modify provisions related to the Professional Regulatory Fee Fund. The bill expands what constitutes professional misconduct to include impeding an inspection, modifies the scope of practice for estheticians and clarification for their licensing, and creates an exemption to osteopath licensing for students and clinical rotations.

West Virginia H 4150 Rules of Professional Conduct (Act No. 181) authorizes certain miscellaneous agencies and boards to promulgate legislative rules. The bill authorizes the rules as filed and modified by the Legislative Rulemaking Review Committee and as amended by the legislature. The bill also directs certain miscellaneous agencies and boards to amend current legislative rules.

For more information, contact Government Affairs Director Doug Farquhar.