Oregon Clarifies Scope of Practice

In 2021, the Oregon Legislature adopted House Bill 2970, clarifying the scope of practice for estheticians. Since then, the Board of Cosmetology and the Board of Certified Advanced Estheticians worked collaboratively to define the term “device.” Now, proposed rules (page 9) have been issued by the Oregon Health Authority (OHA) to explain the term “device” and its distinctive use in esthetics.

The proposed rules would allow estheticians to offer galvanic current, high-frequency, microcurrents, and light-emitting diode therapies and microdermabrasion using mechanical or electric apparatuses, appliances, or devices. This was determined by both boards to be fair since these services are part of an Oregon esthetician’s education and training.

We encourage you to elevate your voice and email the OHA at HealthPolicyBoard.Info@dhsoha.state.or.us by October 9 to show your support of, or opposition to, the proposed rules. Advocate for yourself and on behalf of your fellow estheticians! To shed more light on the topic, ASCP summarizes the proposed rules for you below.

Devices: The Nuts and Bolts
The proposed definition of an esthetics device has several components, including requirements, prohibitions, and responsibilities of the esthetician.

An esthetician would be limited to performing services with mechanical or electric apparatuses, appliances, or devices that do not penetrate beyond the epidermis, except through natural physiological effects. An esthetician would be allowed to use the following devices:

• Galvanic current
• High-frequency
• Microcurrents
• Light-emitting diode therapy
• Microdermabrasion
• Other esthetics devices

Estheticians would be required to be trained and educated to use esthetics devices for performing the following skin care or facial care services:

• Cleansing
• Stimulating
• Manipulating
• Exfoliating
• Applying lotions or creams

Off Limits
Estheticians would be prohibited from performing advanced, nonablative esthetics procedures. As such, an esthetics device would not be a:

• Laser
• Intense pulse light
• Other advanced esthetics devices, including equipment used for microneedling, micro-channeling, dermarolling, radiofrequency needling, or similar procedures
• Needle-free device for injection of dermal fillers or fillers

An esthetician would not be allowed to perform skin care or facial care services or use a device for medical diagnosis or treatment for diseases or physical or mental ailments.

An esthetician would have to assess if any services provided by an esthetics device would be prohibited by law. Services provided by an esthetics device that are prohibited, unsafe, dangerous, or cause harm could result in a violation of incompetence, negligence, or unprofessional conduct.