Legislative Analysis
Phone: (517) 373-8080
EXPAND DEFINITION OF SKIN CARE SERVICES
http://www.house.mi.gov/hfa
House Bills 5683 (S-1) and 5684 (S-2) as passed by the Senate Analysis available at
Sponsor: Rep. Tullio Liberati, Jr. http://www.legislature.mi.gov
House Committee: Regulatory Reform
Senate Committee: Regulatory Affairs
Complete to 11-12-24
SUMMARY:
House Bills 5683 and 5684 would amend the Public Health Code and the Occupational Code
to expand the services that can be performed by licensed estheticians and cosmetologists.
House Bill 5684 would amend the Occupational Code to expand the skin care services that can
be performed by estheticians and cosmetologists.
Currently, the act allows these professionals to perform the following as skin care services:
• Beautifying the skin by the use of cosmetic preparations, antiseptics, tonics, lotions, or
creams, including body wrapping.
• Cleansing or stimulating the skin by the use of the hands, devices, apparatus, or
appliances, with or without the use of cosmetic preparations, antiseptics, tonics, lotions,
or creams.
• The temporary removal of hair using hands-only techniques in combination with
depilatories, waxes, razors, scissors, clippers, or tweezers.
• Giving facials, applying removable makeup, applying eyelashes, or any other
application of a preparation or beauty enhancement, but not including applying
permanent makeup or the use of tanning equipment.
The bill would add thread to the allowable means for the temporary removal of hair, would
provide that the ban on the use of tanning equipment does not apply to spray tans, and would
add all of the following to the list of skin care services that can be offered:
• Exfoliating only the dead skin cells, including in the performance of dermaplaning or
microdermabrasion. An esthetician or cosmetologist could use a product, chemical,
mechanical device, electrical service, or class 1 medical device to exfoliate the dead
skin cells.
• Nonmedical grade hydrodermabrasion. (However, an individual issued an esthetician
or cosmetologist license before the bill’s effective date could not perform a nonmedical
grade hydrodermabrasion unless they have documented training to do so.)
• Applying a nonmedical grade chemical peel.
• High-frequency treatment.
• Eyebrow services, including lamination and, if performed with a product that does not
last for more than six weeks, eyebrow tinting.
• Eyelash services, including extensions and tinting.
• Facial cupping.
As applicable, the above services would have to be limited to an individual’s stratum corneum.
House Fiscal Agency Page 1 of 4
 Class 1 medical device would mean a low-risk device that requires minimal regulatory
oversight and is used for basic aesthetic procedures, such as LED light therapy and
noninvasive skin care tools, such as galvanic current at between 0.1 and 0.5
milliamperes for of a duration of up to 20 minutes, and microcurrent that does not cause
visible contractions.
Nonmedical grade would mean a product or material that is not certified for medical
use only.
High-frequency treatment would mean a skin care service that uses an electrical
current of at least five megahertz to treat various conditions, including acne, wrinkles,
and skin renewal.
Under the bill, estheticians and cosmetologists who perform light therapy services could only
use noninvasive light therapy that is approved by the U.S. Food and Drug Administration and
is intended to not penetrate into an individual’s layers of living skin.
In addition, the bill would require estheticians and cosmetologists to comply with Part 138 of
the Public Health Code 1 regarding the disposal of medical waste.
Medical waste would mean any of the following that are not generated from a
household, a farm operation or other agricultural business, a home for the aged, or a
home health care agency:
• Cultures and stocks of infectious agents and associated biologicals, including
laboratory waste, biological production wastes, discarded live and attenuated
vaccines, culture dishes, and related devices.
• Liquid human and animal waste, including blood and blood products and body
fluids, but not including urine or materials stained with blood or body fluids.
• Pathological waste.
• Sharps.
• Contaminated wastes from animals that have been exposed to agents infectious
to humans, these being primarily research animals.
Finally, the bill would require LARA to develop and issue rules to implement the bill within
18 months of its effective date.
MCL 339.1201 et seq.
House Bill 5683 would amend the Public Health Code to provide that a licensee, registrant, or
other individual regulated by Article 15 of the Public Health Code 2 from performing a medical
exfoliation procedure unless they are, or are under the supervision of, a licensed physician. In
addition, the bill would require the patient to have knowledge of and consent to the procedure
before it is performed.
1
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-368-1978-12-138
2
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-368-1978-15
House Fiscal Agency HBs 5683 (S-1) and 5684 (S-2) as passed by the Senate Page 2 of 4
 Medical exfoliation procedure would mean a procedure exfoliating the skin cells of
an individual in the layers of epidermis below the stratum corneum by dermaplaning
or microdermabrasion.
Proposed MCL 333.16276a
Neither bill would take effect unless both were enacted.
BRIEF DISCUSSION:
According to committee testimony, the Board of Cosmetology has proposed rule changes that
would limit the scope of practice of estheticians to narrowly include what is allowed by statute,
unless they are supervised by a physician. 3 The bills are intended to expand the scope of
practice to include the services that would be removed by the proposed rules.
Supporters of the bills argue that the practices that would be restricted are safe for estheticians
to perform, as they undergo hours of training before they are licensed. They also point to the
40 other states that allow estheticians to perform the services in contention.
Opponents of the bills argue that they could allow cosmetologists or estheticians to perform
services that could be considered invasive or medical.
FISCAL IMPACT:
The bills would not have a fiscal impact any units of state or local government.
POSITIONS:
Representatives of the following entities testified in support of the bills (5-14-24):
• Douglas J. Aveda Institute
• Bombshell Salon & Spa
The following entities indicated support for the bills:
• 906 Beauty, LLC. (5-14-24)
• A Fresh Look, LLC (5-14-24)
• Above Average Beauty Skin Spa (5-14-24)
• Allure Skin and Beauty (5-14-24)
• The Avalon Day Spa of Riverview (5-14-24)
• Bare Confidence Skin (5-14-24)
• Chasing Vanity Salon and Medi Spa (5-14-24)
• Coiffeteria Salon (5-14-24)
• Detroit Lashes (5-14-24)
• Doll Face Skin Club (5-14-24)
• The Dragonfly Esthetics (5-14-24)
• Earthly Esthetics (5-14-24)
3
https://www.fox17online.com/homepage-showcase/board-of-cosmetology-discusses-public-comments-on-new-
proposed-lara-rules-impacting-estheticians
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 • Elevate Salon Institute (5-14-24)
• Ellie Taylor Beauty & Alissa Walker LLC (5-14-24)
• Epicenteral Skin Care and Waxing (5-14-24)
• The Face Place Acne + Esthetics (5-14-24)
• Hand and Stone (5-14-24)
• Harrington Salon and Day Spa (5-14-24)
• Identities Salon (5-14-24)
• JJ Wright’s Salon (5-14-24)
• Just Posh Esthetics & Massage, LLC. (5-14-24)
• K Bella Hair Studio (5-14-24)
• K Vitality Spa (5-14-24)
• L’espirit Academy (5-14-24)
• LC Spa and Ashiatsu (5-14-24)
• Lisia’s Electrolysis & Laser (5-14-24)
• Mae Marie Spa (5-14-24)
• The Michigan Beautician (5-14-24)
• Michigan College of Beauty (6-18-24)
• The More You Glow (5-14-24)
• Mother Earth Spa (5-14-24)
• Moxie Skin Studio (5-14-24)
• Nourish Skin Spa (5-14-24)
• The Nycole Glow (5-14-24)
• On Point Spa (5-14-24)
• The Palomar Spa (5-14-24)
• Pink Beach Brows and Pink Beach Academy (5-14-24)
• Rach Gulli Esthetics (5-14-24)
• Reva Salon and Spa (5-14-24)
• Roots Salon and Spa (5-14-24)
• The Rouge Salon and Spa (5-14-24)
• Sabo Skin Care and Spa (5-14-24)
• Salon 401 (5-14-24)
• The Salon Professional Academy Holland (5-14-24)
• Skin Studio (5-14-24)
• Sugaring NYC (5-14-24)
• Undeniably Boutique – The Kalamazoo Esthetician (5-14-24)
• Wax Spa Studio (5-14-24)
• Willow & Co Spa (5-14-24)
The Michigan Medical Spa Association indicated opposition to the bill. (6-18-24)
Legislative Analyst: Alex Stegbauer
Fiscal Analyst: Marcus Coffin
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 5683 (S-1) and 5684 (S-2) as passed by the Senate Page 4 of 4


Statutes affected:
Substitute (S-1): 333.1101, 333.25211
House Introduced Bill: 333.1101, 333.25211
As Passed by the House: 333.1101, 333.25211
As Passed by the Senate: 333.1101, 333.25211
House Concurred Bill: 333.1101, 333.25211
Public Act: 333.1101, 333.25211
House Enrolled Bill: 333.1101, 333.25211