PA 13-284—sSB 1067 (VETOED)

Public Health Committee

Judiciary Committee

General Law Committee

AN ACT CONCERNING MEDICAL SPA FACILITIES

SUMMARY: This act sets various requirements for medical spa facilities (i. e. , facilities where cosmetic medical procedures are performed). The act requires such facilities to employ or contract with a physician meeting certain criteria as the establishment's medical director. It requires the medical director, or another physician meeting the same criteria and employed by the facility, to perform an initial physical assessment of a person before he or she can undergo a cosmetic medical procedure at the facility.

Under the act, cosmetic medical procedures at a medical spa facility must be performed by a state-licensed physician, physician assistant (PA), advanced practice registered nurse (APRN), or registered nurse (RN), in accordance with applicable statutory authority. The act provides that if a PA, APRN, or RN is performing such a procedure, he or she must be acting under a physician's supervision and control.

Finally, the act requires such facilities to post notice of the medical director's name and specialty, if any, in a conspicuous place accessible to facility customers. This same information must be included in any facility advertisements.

It appears that the act's requirements apply to all facilities where cosmetic medical procedures are performed, including those where other types of procedures are performed (e. g. , hospitals).

The act uses the sales tax law's definition of “cosmetic medical procedures” (see BACKGROUND). It also specifies that such procedures include liposuction, laser procedures, intense pulsed light, and injecting cosmetic filling agents and neurotoxins.

EFFECTIVE DATE: October 1, 2013

MEDICAL DIRECTOR QUALIFICATIONS

Under the act, a medical spa facility's medical director must:

1. be a Connecticut-licensed physician actively practicing in the state and

2. maintain staff privileges with a hospital or have education or training from a higher education institution or professional organization to perform cosmetic medical procedures and have experience performing such procedures.

Any other physician employed by the facility who performs initial physical assessments of facility patients must also have these qualifications.

BACKGROUND

Cosmetic Medical Procedure

Under the sales tax law, “cosmetic medical procedures” are medical procedures aimed at improving appearance that do not meaningfully promote proper body functions or prevent or treat illness or disease. The statute specifically includes cosmetic surgery, hair transplants, cosmetic injections, cosmetic soft tissue fillers, dermabrasion and chemical peel, laser hair removal, laser skin resurfacing, laser treatment of leg veins, and sclerotherapy.

Reconstructive surgery is exempt from this definition. “Reconstructive surgery” includes surgery performed on abnormal structures caused by or related to congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including procedures to improve function or give a more normal appearance (CGS 12-407).

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