MARYLAND Bill Would Expand Services for Estheticians

Bill Name: House Bill 1302 (HB 1302) Senate Bill 1044 (SB 1044)

Primary Sponsor: HB 1302: Representatives Kriselda Valderrama and Andrea Harrison

SB 1044: Senators Dawn Gile and Ariana Kelly

Status: HB 1302: 3/14/24 passed House Referred to Senate Education, Energy

SB 1044: 4/02/2024 Passed House on to Governor for signing

AmSpa’s Take: There has been a strong national trend to expand esthetician scopes of practice to include more invasive cosmetic procedures. These bills often face significant debate over the exact scope of the additional treatments. As a result, many bills of this type can become stuck in committee and fail to pass.

Outlook: This bill is in the first steps of the process.

Analysis: Currently, in Maryland, as in most states, estheticians can provide a number of skin care services but are unable to provide treatments that qualify as the practice of medicine. For example, they can exfoliate dead skin cells but may not use lasers, microdermabrasion devices, or anything that destroys tissues or penetrates the blood fluid barrier. Under HB 1302 and Senate version, SB 1044, the definition of aesthetic services would be expanded to include a number of cosmetic procedures that are currently restricted to the practice of medicine and nursing.

If passed, HB 1302 would change the definition of “provide esthetics services,” which defines what services estheticians may provide. The bill adds exfoliating, cosmetic microneedling and toning to the scope of services. It goes on to expand the locations where an esthetician can apply creams and preparations from just the face to the body and scalp. It also expands the ability to remove superfluous hair to include electrical, mechanical and “any other means.”

HB 1302 goes on to list some additional procedures that are included in providing esthetic services, such as:

1. Applying makeup;
2. Applying eyelash extensions;
3. Performing superficial exfoliation of the epidermis using professional products and devices;
4. Performing treatments for relaxation, hydration, contouring and beautification; and
5. Performing non-ablative skin rejuvenation.

Notably, HB 1302 does specifically exclude diagnosing of illnesses, disease or injury, and ablation of the dermis or hypodermis.

While it isn’t unusual for bills like these to add treatments or services, what is unusual about these are what they’re missing. There are no requirements or training provided in these bills. By their language, HB 1302 and SB 1044 would appear to authorize estheticians to perform a number of currently medical treatments involving lasers, radio frequency, cryolipolysis, intense pulsed light, microneedling and microdermabrasion, all without needing to undergo any additional training or certification and without a supervising medical professional. These are things you commonly see in most other states when they expand the scope of non-medical aesthetics. These types of bills often get significantly amended if they pass to address some of these limits; that will likely be the case here, as well. If you would like additional information, to read the language of these bills or to contact the sponsors or committee, you can find the information you need through here HB 1302 and SB 1044.