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| NORTHWEST STYLIST & SALON | SEPTEMBER 2017 | 5

» » Esthetics Question and Answer

1. What is esthetics?

Esthetics, in Oregon, has been defined by

the legislature in ORS 690.005(5):

“Esthetics”means any of the following skin care or facial care

practices performed on the human body or face for the purpose of

keeping the skin of the human body or face healthy and attractive

and not for medical diagnosis or treatment of disease or physical or

mental ailments:

(a) The use of the hands or mechanical or electric apparatuses or

appliances for cleansing, stimulating, manipulating, exfoliating or

applying lotions or creams.

(b) Temporary removal of hair.

(c) Makeup artistry.

(d) Eyelash services.

(e) Facial and body wrapping.

(f ) Facial and body waxing.

If a service does not fall within this definition, it is not within the

scope of esthetics.

2. What is advanced nonablative esthetic procedure?

Advanced nonalabive esthetic procedures has been defined

under ORS 676.630(1):

Advanced nonablative esthetic procedure means a procedure that

uses a laser or other device registered with the United States Food

and Drug Administration for nonablative procedures performed on

the skin or hair, including, but not limited to, procedures performed

in conjunction with one of the following modalities:

(a) Skin rejuvenation;

(b) Photo rejuvenation;

(c) Body contouring;

(d) Dyschromia reduction;

(e) Cellulite reduction;

(f ) Hair removal or reduction; and

(g) Nonablative tattoo removal.

3. What is nonablative?

Nonablative has been defined under OR 676.630(4):

Nonablative”means involving an action performed on the skin

or hair of a person that does not result in the wounding of skin or

underlying tissue.

4. What else is outside the scope of esthetics?

Many practices will fall outside the scope of esthetics because

they do not fit within the legislature’s definition of esthetics. Ex-

amples include but are not limited to:

• The use of ablative lasers;

• The removal of spider veins;

• Tattoo removal;

• Botox injections.

5. Can a certified esthetician advertise as a “medical

esthetician?”

No. Medical services are not within the scope of practice of an

esthetician so this is a misleading and deceptive title.

6. Can a certified esthetician work as a medical assistant

for a doctor?

Yes. Estheticians are not prohibited from having non-esthetic

employment just because they have an esthetics certification.

However, as discussed above, this work would not fall within the

scope of esthetics.

If a certified esthetician is moonlighting as a medical assistant

for a physician, the certified esthetician needs to ensure that clients

are not misled into thinking that non-esthetic services fall within the

scope of the person’s certificate as an esthetician.

A certified esthetician who is acting in a dual capacity as an

esthetician and a medical assistant at a so-called “medspa”will need

to be particularly careful that clients understand the differences

between the medical and esthetic services and the role of the certi-

fied individual when providing these services.

7. What happens if HLO receives a complaint that an

esthetician is unlawfully or negligently practicing medicine?

HLO and the Board of Cosmetology do not regulate the practice of

medicine. HLO will refer the complaint to the Oregon Medical Board

or other appropriate health professional regulatory board.

A certified individual may be subject to sanctions if providing out

of scope services while acting as an esthetician.

8. Does esthetics include skin-related medical services?

No. The legislature specifically excluded services that are for

“medical diagnosis or treatment of disease or physical or mental

ailments” from the scope of esthetics practice.