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Can I Do That? Deciphering Your State’s Regulations

By: Susanne Schmaling
Posted: April 1, 2014, from the April 2014 issue of Skin Inc. magazine.

New modalities and products are introduced to the skin care industry frequently. The challenge for each licensed skin care professional is to understand if these modalities are legal in your state. Before investing time and capital in training, equipment or products, it is crucial to know the answers to the questions below.

1. What is my scope based on statute?

State laws, or statute, are set by a lawmaker after a considerable public process. Statute includes your state’s definition of the practice of skin care, and can be found on your state’s board of cosmetology website. You will be looking for a term, such as “act” or “code,” not “rules” or “regulations.” (The difference between the two will be discussed later in this article.)

Following is an example of a state statute defining skin care practice.

Within the practice of cosmetology, there exist the specialty branches of skin care and nail care.

1. Skin care includes any one or more of the following practices: