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HB 2970 Esthetics and Advanced Esthetics Rulemaking Update

Tuesday, July 12, 2022

​2021 Rules Advisory Committees Summaries

In 2021, the Health Licensing Office (HLO) convened a Joint Esthetic and Advanced Esthetic Rules Advisory Committee (Joint RAC) to recommend rule changes to the Board of Cosmetology's and the Board of Certified Advanced Estheticians' rules. The rule changes are necessitated by HB 2970 (2021), which impacted the scope of practice for estheticians and advanced estheticians. HB 2970 also charged both boards to work collaboratively to define the term “device" within both the esthetics and advanced esthetics professions.

August 23, 2021 - Joint Rules Advisory Committee

On August 23, 2021, the Joint Esthetics and Advanced Esthetic RAC met to review the requirements of HB 2970 and evaluate the changes necessary to accommodate the new law. The following topics were discussed:

  • The rulemaking process including RACs, board meetings, notice of proposed rulemaking, hearing and how to interpret laws.
  • Types of “devices" to be considered including microneedling, radio frequency and devices with combined technology.
  • Whether certain devices can be used by both estheticians and advanced estheticians but possibly at different specifications, levels, and depths of skin.
  • Microneedling devices: Food and Drug Administration registration requirements and use of combined devices to enhance service.

​November 10, 2021 - Joint Rules Advisory Committee (audio available upon request)

Esthetic and Advanced Esthetic Combined device and questions to consider.

1.    What are clearly advanced esthetic devices?

2.    What are the shared qualities amongst lasers and intense pulsed light that are used for nonablative procedures performed on the skin or hair in conjunction with skin rejuvenation, photo rejuvenation, body contouring, dyschromia reeducation, cellulite reduction, hair removal or reduction, and nonablative tattoo removal?

3.    What are clearly esthetic devices?

4.    Are galvanic current, high-frequency, microcurrents, light-emitting diode therapy, and microdermabrasion devices capable of penetrating further than the epidermis?

Esthetics devices cannot penetrate deeper than the epidermis. An esthetician must not use a device in a way that would cause penetration further than the epidermis.

5.    What are the common characteristics amongst galvanic current, high-frequency, microcurrents, light-emitting diode therapy and microdermabrasion devices?

Consider each of the specific pieces of equipment and look for common characteristics. Then, other items included in the phrase “mechanical or electrical apparatus, appliance or device" must also share that common characteristic.

6.    Applying the same criteria as above, are there any crossover devices that may be advanced esthetics and esthetics?

7.    What other devices are not listed in statute?

Pause i­n the HB 2970 rulemaking process
While the work of the Joint RAC was ongoing, the legislature enacted HB 2993 (2021). HB 2993 broadened the requirements of who is required to serve on rules advisory committees (RACs). Specifically, a RAC must now include communities likely to be affected by the rule. The purpose of the change in RAC membership is to ensure that communities that may be disproportionately and potentially adversely impacted are involved in the rulemaking process. Such persons and communities may include but are not limited to people of color, indigenous people, individuals with disabilities, small business owners, people of similar socio-economic status, gender, sexual orientation, and geography.

The HLO and its boards are engaging in important RAC restructuring because of HB 2993. This work includes identifying persons and communities a rule is likely to affect, inviting them into the rulemaking process, and ensuring RACs are representative of all the requisite persons and communities. This vital work applies to the Joint RAC; work which has paused the HB 2970 rulemaking process.

Next steps for the HB 2970 rulemaking process
The last meeting of the Board of Cosmetology was held on May 16, 2022. The Board of Certified Advanced Estheticians has been unable to meet in recent months as there is an insufficient number of board members to hold a meeting. Currently, there are several open positions on the board, which has prevented the board from having the quorum needed to lawfully meet. The boards will assist in constructing the new Joint RAC by identifying the persons and communities likely to be affected by rule changes. Recruitment of Joint RAC members will follow and future Joint RAC meetings will be scheduled. It is possible that individuals who served on the 2021 Joint RAC will be reappointed, but it is not guaranteed. The work done by the 2021 Joint RAC, however, is an invaluable foundation for future Joint RAC deliberations.

Thank you for your patience as the Board of Cosmetology and Board of Certified Advanced Estheticians work collaboratively to create rules enacting HB 2970. For information on the rulemaking process please  check the HLO website for updates or contact Samie Patnode at (503) 509-5592 or by email at samie.patnode@dhsoha.state.or.us.

Resources

Apply to be a Board Member​

Oregon Revised Statutes & Oregon Administrative Rules

Rules Advisory Committee Interest Form

Meeting Information

Limited Waiver on Enforcement Outreach – April 10, 2020

Limited Waiver & Ongoing Legislation Outreach – January 7, 2021

HB 2970 Outreach – September 24, 2021