Summary — HB 5683 (Public Act 159 of 2024)
Title: Health occupations — add sec. 16276a to the Public Health Code (1978 PA 368)
Status / Timeline
- Enacted as Public Act 159 of 2024 (approved by the Governor and filed with the Secretary of State on Dec. 3, 2024).
- Effective: 91st day after final adjournment of the 2024 Regular Session (per the act).
- Tie-barred to House Bill 5684 (both bills were considered together during enactment).
Purpose / Intent
- To restrict non-physician performance of certain deeper skin-exfoliation procedures while preserving physician supervision and patient consent requirements — in the context of companion legislation (HB 5684) that expands estheticians’ and cosmetologists’ permitted skin-care services.
Key provisions
- Adds section 16276a to the Public Health Code with these main rules:
- Prohibition: A licensee, registrant, or other individual shall not perform a "medical exfoliation procedure" unless the procedure is performed under the supervision of a licensed physician.
- Informed consent: Such a procedure may not be performed unless the patient has knowledge of and consents to the procedure being performed by that licensee/individual.
- Exception: The prohibition does not apply to a licensed physician (physicians may perform these procedures without the supervision requirement).
- Definition: "Medical exfoliation procedure" is defined to mean exfoliation of skin cells in layers of the epidermis below the stratum corneum by dermaplaning or microdermabrasion.
Relationship to HB 5684
- HB 5684 (enacted concurrently as PA 160 of 2024) expands the list of skin-care services estheticians/cosmetologists may perform (e.g., dermaplaning, microdermabrasion, certain peels and light therapies) and imposes other limits (noninvasive light, medical-waste compliance, training requirements).
- HB 5683 serves as a companion limitation: while HB 5684 expands permissible services, HB 5683 requires physician supervision and patient consent for deeper exfoliation procedures that penetrate below the stratum corneum.
Who is affected
- Estheticians, cosmetologists, and other non-physician licensees/registrants who provide skin-care services.
- Physicians (as supervisors for medical exfoliation).
- Patients receiving dermaplaning or microdermabrasion treatments.
- Cosmetology establishments and training programs (practical and compliance implications).
Fiscal impact
- Nonpartisan legislative analyses state no fiscal impact on state or local government.
Implications
- Creates a regulatory distinction between superficial (stratum corneum) treatments and deeper exfoliation techniques, preserving access to deeper exfoliation only when supervised by a physician and with patient consent — while the companion law broadens nonmedical skin-care scopes under specified limits and training requirements.
