Mila’s Law

The cosmetic industry is largely unregulated, yet practitioners use toxic chemicals that can permanently injure clients or even kill them.  There are literally no rules for the industry and no guidelines even if they wanted to follow them, and no certification procedures other than tick a box online courses which are meaningless.  To contrast, Doctors have extensive education, carry massive malpractice policies, and always practice informed consent.  We are proposing Federal Legislation that will regulate the cosmetics industry by providing levels of standards, require certification for dangerous products and procedures, and have experts from the industry fine tune the rules to be practical to protect the customers.  There are countless cases of women injured by unethical, untrained, and reckless practitioners. [1] Mila is one case of an otherwise healthy woman who was injured during a lash lamination procedure, so we have named this “Mila’s Law” in her honor.  Her hope is to stop other women (and men) from being injured like she was, which is a permanent injury.

Summary

The proposed Cosmetic Arts Safety and Certification Act would establish nationwide minimum standards for safety, sanitation, and professional conduct across hair salons, permanent makeup, lash services, and tattoo/body art studios, while preserving states’ ability to adopt stricter rules.fda+6​

Purpose and Scope

• Cover all cosmetic arts settings: hair salons, nail salons, permanent makeup/microblading, tattoo and body art parlors, lash extensions, lash lifts/laminations, brow laminations, and any cosmetic procedure using needles, blades, devices, or chemicals on clients.neha+6​

• Create a federal baseline for health and safety, coordinated by HHS (FDA + CDC), that states and tribes can strengthen but not weaken.osha+5​

Practitioner Registration and Certification

• Require all practitioners to (1) hold state licensure where applicable and (2) be listed in a federal Cosmetic Arts Registry.fultoncountyga+3​

• Mandate OSHA‑aligned bloodborne‑pathogens training for anyone using needles, sharps, or performing services involving blood or body fluids.stacks.cdc+5​

• Establish a Peri‑Ocular Cosmetic Certification for any procedure within ~2 cm of the eye (lash lifts/laminations, lash extensions, eye‑area dyes, strong peels), including eye anatomy, emergency response, contraindications, and annual continuing education.fda+4​

Sanitation, Infection Control, and Eye Safety

• Require written sanitation protocols consistent with CDC/OSHA and body‑art model codes: proper disinfection of tools and surfaces, single‑use items for needles, blades, razors, lash/mascara tools, and appropriate sharps/medical waste disposal.rules.sos.ga+7​

• Mandate sterilization (autoclave with spore testing and logs) for reusable instruments that contact blood or non‑intact skin, particularly in tattoo, piercing, and permanent makeup settings.biomasertattoo+5​

• Limit eye‑area products to those permitted under federal cosmetic law, explicitly prohibiting unapproved color additives or hazardous dyes around the eyes, and requiring patch‑testing and written informed consent where appropriate.pmc.ncbi.nlm.nih+5​

Duty of Care and Client Protection

• Codify a professional duty of care: practitioners must act with the skill and caution of a reasonably prudent cosmetic professional, decline unsafe services (e.g., active infections, recent eye surgery), and document screening for contraindications.dph.georgia+3​

• Require plain‑language risk disclosures, aftercare instructions, and written informed consent for invasive or chemical‑intensive procedures, with special consent rules for minors.dph.georgia+6​

Inspections, Reporting, and Penalties

• Implement risk‑based joint inspections by HHS and state/local health departments to review sanitation, sterilization, training, and complaint records.neha+4​

• Require mandatory reporting of serious adverse events (hospitalization, vision loss, disfigurement, suspected infection clusters) linked to cosmetic procedures or products.fda+3​

• Establish graduated penalties: civil fines and corrective plans for minor violations; higher fines, suspensions, and closures for serious breaches (e.g., lack of sterilization, unapproved eye products, untrained staff using sharps); and criminal penalties when willful or repeated violations cause severe harm, especially to minors or resulting in blindness or disease transmission.osha+5​

Implementation and Education

• Direct HHS to publish model codes and technical guidance on salon, tattoo, and eye‑cosmetic safety for easy state adoption and industry compliance.fda+6​

• Fund and coordinate outreach so consumers can recognize safe vs unsafe practices and practitioners understand federal requirements, emphasizing prevention of infections, bloodborne disease, and eye injuries.bodyarttraininggroup+5​

This framework aims to protect public health in a rapidly growing cosmetic sector while giving responsible professionals clear, consistent national rules.

A federal “Cosmetic Arts Safety and Certification Act” could set nationwide rules for sanitation, duty of care, and eye‑area chemical safety across permanent makeup, hair salons, lash services, and tattoo/body art studios, with strong penalties for violations. Below is draft legislative text you could adapt or refine.fda+6​

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Title I – Definitions and Scope

Section 101. Short Title

This Act may be cited as the “Cosmetic Arts Safety and Certification Act.”

Section 102. Scope

This Act applies to all businesses and practitioners in the United States engaged in:

• Hairdressing and hair coloring services (including chemical straightening and bleaching).

• Nail services.

• Permanent makeup, microblading, cosmetic tattooing, and body tattooing.

• Lash extensions, lash lifts, lash laminations, brow laminations.

• Any cosmetic procedure that uses needles, blades, electrical devices, or chemical agents on the skin, hair, or nails of clients, whether in fixed locations, mobile units, or home‑based settings.neha+4​

Section 103. Federal–State Coordination

(a) The Secretary of Health and Human Services (HHS), through the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), shall establish minimum national standards for cosmetic arts health and safety.osha+3​
(b) States and tribal jurisdictions may adopt stricter standards and enforcement mechanisms but not weaker ones.fultoncountyga+3​

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Title II – Licensing, Training, and Certification

Section 201. Federal Practitioner Registration

(a) Any individual performing cosmetic arts services covered by this Act must:

1. Hold a state license or registration where required; and

2. Be registered in a federal Cosmetic Arts Registry maintained by HHS.dph.georgia+3​

(b) Registration requires:

• Proof of age (18+ except for supervised apprenticeships as permitted by state law).

• Completion of an approved sanitation and bloodborne‑pathogens course for any service involving needles, sharps, or exposure to blood or body fluids.bodyarttraininggroup+5​

• Completion of an approved chemical safety module for any service involving strong irritants, depilatories, dyes, or adhesives near the eyes or mucous membranes.glossy+4​

Section 202. Special Certification for Peri‑Ocular and High‑Risk Chemicals

(a) No person may apply or direct others to apply chemical formulations within 2 centimeters of the eye margin, or directly to eyelashes or eyelids (including tints, dyes, lash lifts, laminations, and adhesives for lash extensions), unless that person holds a Peri‑Ocular Cosmetic Certification issued under this Act.fda+4​

(b) Certification shall require:

1. Completion of an HHS‑approved course addressing:

   • Eye anatomy and common injuries (abrasions, burns, infections).reliancebnh+2​

   • Safe use of eye‑area cosmetics and adhesives, including patch‑testing, sterile technique, and incident response.fda+3​

   • Recognition of contraindications (active infections, recent ocular surgery, known allergies).fda+1​

2. Passing a standardized exam on chemical hazard labeling, emergency irrigation, and referral criteria for eye complaints.pmc.ncbi.nlm.nih+2​

3. Proof of annual continuing education in eye‑area product safety and adverse event reporting.glossy+3​

(c) HHS shall maintain a public database of certified providers and may revoke or suspend certification for repeated or severe violations.

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Title III – Sanitation and Infection Control

Section 301. Universal Sanitation Requirements

All cosmetic arts establishments shall:
(a) Maintain written sanitation and infection‑control protocols consistent with CDC and OSHA guidance for salons, tattoo/body art, and similar environments.dph.georgia+5​
(b) Clean and disinfect all multi‑use tools and surfaces between clients using EPA‑registered disinfectants, after removal of visible debris.elitebbptraining+3​
(c) Use single‑use items (needles, cartridges, microblades, razors, mascara wands, lash brushes, under‑eye pads, gloves) once only and dispose of them in appropriate medical or sharps waste containers.biomasertattoo+5​
(d) Provide hand‑washing facilities with hot water, soap, and disposable towels in or adjacent to procedure areas.rules.sos.ga+3​

Section 302. Bloodborne Pathogens and Sharps Control

(a) All body art and permanent makeup facilities are subject to OSHA’s Bloodborne Pathogens Standard, including written exposure control plans, sharps management, and vaccination policies.osha+5​
(b) Practitioners who may be exposed to blood or other potentially infectious materials must receive initial and annual bloodborne‑pathogens training.stacks.cdc+4​
(c) Reusable instruments that may contact blood or non‑intact skin must be sterilized in a monitored autoclave, with routine spore testing and documented logs available to inspectors.dph.georgia+5​

Section 303. Eye‑Area and Chemical Safety

(a) Products used around the eyes must:

• Be approved or permitted under federal cosmetic law for eye use, with no unapproved eye‑area color additives (including kohl or similar products containing heavy metals).fda+4​

• Be used strictly according to manufacturer instructions, including contact time and concentration limits.reliancebnh+3​

(b) Before any procedure near the eyes (lash lifts/laminations, extensions, brow laminations, eye‑area peels, or tints/dyes), the practitioner must:

• Conduct a documented allergy and medical history screening.

• Perform and document a patch test when recommended by product labeling or industry standards.artisticcosmeticsolutions+3​

• Explain risks, including potential for burns, corneal abrasions, vision changes, infection, and allergic reactions, and obtain written informed consent.fda+4​

(c) In case of accidental contact of irritants with the eye or unintended skin injury, the practitioner must:

• Immediately irrigate the area as recommended in product safety data and emergency protocols.

• Document the incident and client communication.

• Provide written aftercare and, if indicated, direct the client to seek urgent medical care.pmc.ncbi.nlm.nih+2​

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Title IV – Duty of Care and Professional Conduct

Section 401. Standard of Care

Practitioners and establishments owe a duty to:

• Act with the level of skill and care that a reasonably prudent cosmetic arts professional would exercise under similar circumstances.neha+2​

• Decline or postpone services when clients present with conditions or contraindications that substantially increase risk (e.g., active infection, open wounds, recent surgery, uncontrolled skin disease in the treatment area).artisticcosmeticsolutions+3​

Section 402. Client Information and Consent

(a) Before performing any invasive or chemical‑intensive service, practitioners must:

• Provide a plain‑language explanation of the procedure, products used, expected outcomes, and material risks.fda+4​

• Explain aftercare requirements and warning signs that require medical evaluation.

• Obtain written informed consent, stored for a minimum of three years or as required by state law.fultoncountyboh+3​

(b) For minors, parental or guardian consent must be obtained in writing, consistent with state restrictions on tattooing, body art, and certain cosmetic procedures.dph.georgia+2​

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Title V – Inspections, Reporting, and Enforcement

Section 501. Inspections

(a) HHS shall coordinate with state and local health departments to:

• Conduct periodic risk‑based inspections of cosmetic arts establishments.

• Review sanitation, sterilization logs, certification status, and complaint records.fultoncountyga+4​

(b) Inspectors are authorized to issue immediate correction orders, temporary closures, and referrals for federal or state enforcement.

Section 502. Adverse Event and Injury Reporting

(a) Establishments must report to FDA and appropriate state health authorities any serious adverse events associated with cosmetic procedures, including:

• Hospitalization.

• Permanent or significant temporary loss of sight, disfigurement, or disability.

• Suspected outbreaks of infection related to procedures or products.fda+3​

(b) Failure to report within specified timeframes constitutes a violation subject to penalties.

Section 503. Penalties

(a) Civil Penalties

• Minor violations (e.g., documentation lapses without injury): civil fines up to $5,000 per violation and mandatory corrective action plans.

• Significant violations (e.g., lack of sterilization, expired or non‑approved eye products, untrained staff using sharps): fines up to $25,000 per violation, suspension of federal registration, and temporary closure orders.osha+4​

(b) Criminal Penalties

• Knowingly and willfully operating without required certifications or after suspension, or repeatedly violating sanitation or eye‑safety provisions resulting in serious injury, shall be punishable by:

  • Fines up to $250,000 for individuals and $1,000,000 for entities; and/or

  • Imprisonment up to 3 years, especially where gross negligence or willful misconduct is shown.biomasertattoo+4​

(c) Enhanced penalties apply where violations affect minors or lead to permanent blindness, disfigurement, or documented disease transmission (e.g., hepatitis, HIV).stacks.cdc+4​

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Title VI – Implementation and Guidance

Section 601. Guidance and Model Codes

HHS shall, within 24 months, publish:

• Model Cosmetic Arts Health and Safety Codes for adoption by states and localities, including microblading and permanent cosmetics aligned with existing body art model codes.rules.sos.ga+3​

• Technical guidance on safe use of eye‑area cosmetics, adhesives, and dyes, consistent with current FDA cosmetic and eye safety frameworks.glossy+5​

Section 602. Education and Outreach

The Secretary shall coordinate public and practitioner education on:

• Safe selection and use of cosmetic services.

• Recognition of unsafe practices and how to report them.

• The importance of certified training for procedures involving needles, bloodborne risks, and chemicals near the eyes.bodyarttraininggroup+5​

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If you want, this can be rewritten into a shorter “one‑pager” policy brief or talking points suitable for legislators or a regulatory proposal.