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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.

page 2 of 6

A. Giving facials; applying makeup; giving skin care; removing superfluous hair from the body of any person by the use of depilatories, tweezers or waxing; or applying eyelashes to any person.

B. Beautifying the face, neck, arms or upper part of the human body by use of cosmetic preparations, antiseptics, tonics, lotions or creams.

C. Massaging, cleaning or stimulating the face, neck, arms or upper part of the human body by means of the hands, devices, apparatus or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

It is important to note the body areas listed in statute and what procedures are documented. If only the upper body is listed as within scope, then full-body treatments are outside your scope of practice. Based on the example above, the scope for this esthetician would include makeup and lash application; machine facials and basic facials, limited to the upper body only; and waxing and tweezing on the face and body. Outside the scope or poorly defined are body treatments, hand treatments, exfoliation treatments and the use of advanced equipment on the face and body.

2. What is my scope based on rules and regulations?

After looking at statute, the next step is looking at rules and regulations. These are not the same as statute; they are added by administrative agencies—in this case the cosmetology board—to give more detailed information on the interpretation and practical use of the statute.