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Limited Waiver on Enforcement for Estheticians Using Certain Devices

Friday, January 8, 2021

Background Information

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. These statutes are found in ORS 676.630 to 676.660 and can be found here: https://www.oregonlegislature.gov/bills_laws/ors/ors676.html

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. This rule can be found at: https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=264932

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. 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. Information regarding HB 4016 can be found here: https://olis.oregonlegislature.gov/liz/2020R1/Measures/Overview/HB4016 

2021 Legislative Session

For the 2021 Legislative Session, estheticians are again requesting that the legislature pass a new law allowing estheticians to use galvanic current, high-frequency microcurrents, light-emitting diode therapy and microdermabrasion devices without an advanced esthetics certificate. The group bringing this proposed law change is the Oregon Estheticians for Fair Licensing (OEFL). Below is general information related to the legislative process: 

For more information regarding legislation contact the OEFL at oeforfairlicensing@gmail.com

No changes to laws were made during 2020. Therefore, the Health Licensing Office (HLO) is exercising its discretion to not impose discipline for violations of the uncertified practice of advanced esthetics through June 30, 2021. This discretion would only apply to: 

  • Certified estheticians regulated by the Board of Cosmetology who do not have an advanced esthetics certificate; AND
  • Use of the following devices: galvanic current, high-frequency, microcurrents, light-emitting diode therapy, or microdermabrasion. 

The HLO continues to exercise its discretion and may impose discipline for other issues, including, but not limited to negligence, incompetence, and unprofessional conduct when using galvanic current, high- frequency, microcurrents, light-emitting diode therapy, and microdermabrasion.

When will this limited waiver on enforcement end?

The limited waiver on enforcement will expire on June 30, 2021. The HLO will evaluate circumstances throughout the legislative session. If the HLO decides to exercise its discretion to extend the limited waiver of enforcement, notice will be provided to estheticians. 

What if legislation does not pass during the 2021 Legislative Session?

Unless the legislature acts to change the definition of advanced nonablative esthetics in ORS 676.630(1) prior to January 1, 2022, the current statute will be the same on January 1, 2022; advanced nonablative esthetics will continue to be defined as “a procedure that uses a laser or other device registered with the (USFDA) for nonablative procedures performed on the skin or hair. . ." 

The HLO recognizes there is uncertainty as to whether and how the statutes might be changed in the future and urges practitioners to consider that uncertainty when making business decisions.​

 
 



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