Senate Bill 1252 — Injectable cosmetic regulations

Senate Bill 1252 — Injectable cosmetic regulations

by
Parrish Miller
January 29, 2020
Parrish Miller
January 29, 2020

Bill description: SB 1252 criminalizes the injection of a cosmetic treatment into a person's head or neck by anyone other than certain licensed medical professionals.

Rating: -3

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

It should be noted at the outset that "injectable cosmetics" refers primarily to the procedure popularly known as Botox. This common treatment is intended to reduce wrinkles and fine lines by temporarily paralyzing the underlying muscles. It is estimated that 11 million people worldwide have used Botox for these purposes. "Injectable cosmetics" also includes procedures such as lip injections or the use of lip fillers.

SB 1252 expands the power of government to prohibit voluntary transactions in the free market by criminalizing the injection of a cosmetic treatment into a person's head or neck by anyone other than a licensed physician, physician assistant, registered nurse, dentist, or pharmacist.

(-1)

Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?

No exceptions are made to the criminalization contained in SB 1252 and no grandfather clause exists for people who already provide these common cosmetic services and are not licensed as medical professionals.

(-1)

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Anyone who engages in the practices criminalized by SB 1252 will be charged with a misdemeanor. The criminal charges mandated by SB 1252 are not contingent on any harm being inflicted or even on a complaint being made by a customer who purchased the services.

(-1)

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