Oregon > May 2008
Talking License | by Kraig Bohot
Those of you following the ongoing regulatory issues in esthetics know that the Oregon Health Licensing Agency (OHLA) and Board of Cosmetology are developing new standards to allow for advanced treatments while protecting the public.
The proposed rules highlighted this month are just the beginning of our efforts to provide practitioners with a blueprint to advanced practice and consumers with assurance that practitioners are qualified to provide safe and effective services.
The proposed rules focus on streamlining the device classification requirements and establishing new standards for laser safety, including client assessment and records.
Comment on the proposed rules will be accepted through Wednesday, May 21.
Stay tuned for updates on potential legislation to recognize education and experience beyond the current minimum to practice.
Learn about laser safety at www.oregon.gov/OHLA/COS/Facial_Forward_08.shtml.
Following are proposed rule changes excerpted from the full proposed rule change draft at www.oregon.gov/OHLA/COS/ COSlaws_rules.shtml.
Bold = Proposed rule additions
Strikethrough = Proposed rule deletions
OAR 817-010-0065 Requirements and Standards
(12) Practitioners may not use any manual or mechanical device or equipment unless the use is part of the delivery of services within the practitioner’s scope of practice under ORS 690, and is consistent with the manufacturer’s intended use of the device and with client health and safety. In determining whether the use of any manual or mechanical device or equipment is consistent with client health and safety, the agency will consider the information provided in the documentation required by section (11) of this rule.
(13) The documentation requirements described in section (11) of this rule apply to specialized items used in the practice of barbering, esthetics, hair design or nail technology and may not apply to those items used in the delivery of basic services, which have been defined as an “article”, equipment”, or “materials and supplies” in OAR chapter 817, division 005, such as scissors, combs, orangewood sticks, shampoo bowls, styling chairs or nail files.
(15) Practitioners, facility owners and independent contractors providing laser hair removal skin care services, shall comply with requirements of the March 16, 2007 edition of the American National Standards for Safe Use of Lasers (ANSI) Z136.1-2007. ANSI publications may be obtained form Laser Institute of America, 13501 Ingenuity Drive, Suite 128, Orlando, Florida 32826 – ISBS-13: 9877-0-912035-65-9 & ISBN-10:0-912035-65-X.
OAR 817-015-0050 Skin Care Services
(1) Estheticians may use only those chemicals or products, natural or synthetic, and manual mechanical devices designed for skin care services of the epidermis.
OAR 817-015-0070 Laser Hair Removal Client Assessment and Records
Practitioners providing laser hair removal services must adhere to the following practice standards in rendering acceptable client skin care:
(1) Maintain an accurate client record, which includes complete past and current health history obtained from each client before service. The assessment shall be updated and evaluated on a current basis, and must include the following:
(a) Name, address, telephone number, and date of birth.
(b) Client medical history information relevant to providing services.
(c) Prior methods of controlling or removing hair.
(d) Condition of skin tissue before initial service and any subsequent change.
(e) Pattern and structure of hair growth initially presented and any changes.
(f) Client consultation, evidence of informed consent (may be in the form of an acronym such as “PARQ” to denote procedures, alternatives, risks and questions).
(g) Date and duration of each service.
(h) Area of hair removal service, and use of energy fluence, pulse duration and spot size.
(i) Observation of skin reaction(s) to service(s).
(j) Any other information deem appropriate to client service.
(2) Documentation must be legibly written or computerized. Client documentation, written or archived electronically by computer, must be retained for a minimum of two years and available upon request by the agency.
(3) Provide each client with a clear and concise explanation of the process and likely outcome of laser hair removal services before providing the service:
(a) Laser hair removal procedures.
(b) Modality to be used.
(c) Hair growth / re-growth cycles.
(d) Recommended schedule for service.
(e) Possible adverse reactions after service.
(f) Post-service care.
ADOPT: Oregon Administrative Rule (OAR) 817-015-0070
AMEND: OAR 817-010-0065, 817-015-0050, 817-015-0065
GOAL: To clarify practice standards and client records relating to skin care services and laser hair removal treatments prior to 2009 legislation
RULE SUMMARY:
Streamlines and clarifies requirements and standards for use of manual or mechanical devices and equipment in the performance of services
Specifies documentation requirements, including new client records related to laser treatments
Specifies required adherence to the American National Standards for Safe Use of Lasers (ANSI) in performing laser skin care services.
DEADLINE to comment: May 21, 2008
What is the purpose of the rule change?
The Oregon Health Licensing Agency (OHLA), under Oregon Revised Statutes (ORS) 676.605 through 676.625, and ORS 690, is mandated to ensure that all Oregon consumers are able to access competent and qualified professionals.
Consumer protection standards and regulatory oversight must keep pace with consumer service demands and changes or advances in industry technology, products or devices; client service delivery systems; practice standards and client safety requirements; and current scientific infection control techniques.
Who is affected by the proposed rule changes?
Currently certified and practicing estheticians who provide advanced skin care services, such as laser hair removal, lymphatic drainage, microdermabrasion and chemical peels, vacuum massage, and other skin care and body treatments involving use of manual or mechanical devices to deliver services within the practitioner’s scope of practice.
Are stakeholders (the public, licensees, consumer groups, professional associations, etc.) allowed to comment on the proposed rule concepts?
Yes. All stakeholders are invited and encouraged to comment in writing (via e-mail Cerynthia.Murphy@state.or.us) or by regular postal mail.
When will the official rulemaking process begin?
Outreach to interested parties is currently underway. The proposed rules were filed April 15, 2008, and the public comment period is May 1 through May 21, 2008. The rules will be filed and become effective June 1, 2008.
Oregon Health Licensing Agency
700 Summer Street NE, Suite 320 • Salem, OR 97301-1287
Licensing Office (503) 378-8667 • Enforcement Unit (503) 378-4294
www.oregon.gov/OHLA
OHLA Agency Staff:
Susan K. Wilson, Director
Tricia Allbritton, Administrative Rules/Legislation
Richard McNew, Business Administration
Tim Molloy, Regulator Operations
Board of Cosmetology:
Michael D. Snook, Salem — Chair
Deely Klarr, Salem — Vice Chair
Linda Bergmann, Florence
Patricia A. Hall, Pendleton
Debora Masten, Salem
Judith N. Petersen, Albany
George Robb - Public Member
