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Thursday, September 30, 2021
The following information provides a summary of the past policies related to the scope of practice for esthetics and advanced esthetics since 2015. The information also highlights HB 2079, which passed during the 2021 Legislative Session and how the Health Licensing Office, the Board of Certified Advanced Estheticians and the Board of Cosmetology will move forward in implementing the requirements of the bill including collaboratively defining the term “device" within both the esthetics and advanced esthetics profession.
In 2015, the Oregon legislature enacted law that created a certification to practice advanced nonablative esthetics. The legislature defined advanced nonablative esthetics as “a procedure that uses a laser or other device registered with the United States Food and Drug Administration
(USFDA) for nonablative procedures performed on the skin or hair. . ." As a result of these statutes, estheticians who wanted to practice advanced nonablative esthetics could not do so until they obtained a certificate in advanced nonablative esthetics.
In 2019, the Board of Cosmetology passed a rule, OAR 817-010-0067, to help the esthetics community better understand the restrictions on the esthetician's scope of practice, following the passage of the advanced esthetics laws under ORS 676.630 to 676.660. That rule provided the USFDA's definition of a “device" which is specified within the scope of practice of advanced esthetics and thus, are prohibited for use by estheticians.
In 2020, a group of estheticians went to the legislature to request passage of a new statute allowing estheticians to use galvanic current, high-frequency microcurrents, light-emitting diode therapy and microdermabrasion devices without an advanced esthetics certificate. This proposed law was called House Bill (HB) 4016 (2020). HB 4016 would have allowed estheticians regulated by the Board of Cosmetology to use “galvanic current, high-frequency microcurrents, light-emitting diode therapy and microdermabrasion" as “mechanical or electrical apparatus, appliances or devices." There did not appear to be any opposition to HB 4016, but it was not passed because the legislature had to shut down when it no longer had quorum to operate.
After no changes to laws were made during 2020, the Health Licensing Office (HLO) exercised its discretion to not impose discipline for violations of the uncertified practice of advanced esthetics through June 30, 2021, by implementing a Limited Waiver on Enforcement. This discretion only applied to:
The 2021 Legislature passed HB 2970 (2021), which became effective on June 23, 2021. The legislature made changes to both the Board of Certified Advanced Estheticians and the Board of Cosmetology including scope of practice changes for estheticians and advanced estheticians. The legislature also charged both boards to work collaboratively to define the term “device" within both the esthetics and advanced esthetics profession.
In relation to esthetics HB 2970 does the following:
In relation to advanced esthetics HB 2970 does the following:
Now, with HB 2970, the legislature has specifically required the Board of Cosmetology and Board of Certified Advanced Estheticians to collaboratively work together to create administrative rules to further define the term “device" as used in HB 2970. In order to adhere to the legislature's requirement of both boards collaborating HLO has begun the rulemaking process convening an Esthetics and Advanced Esthetic Joint Rules Advisory Committee. The committee will review and make recommendations regarding defining “device" to each respective board. The HLO has received questions from practitioners asking for guidance on what types of devices are included in their scopes of practice given HB 2970. The HLO must allow the boards to work collaboratively to define “device" in rule.
Until the rulemaking process can be completed, as required by the legislature in HB 2970, the HLO will be reviewing complaints about licensee conduct that implicate the new law created by HB 2970 as follows:
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