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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 5 of 6

This rule severely limits the modalities an esthetician can use. Even mild peels and retinol products might be considered out of scope under this rule. In this case, the use of LED light was banned because of this definition. This rule was implemented in one state in 1994 because no one stepped up to challenge the definitions.1

3. What part of the skin does this modality or product affect?

Hopefully, when you are considering a new modality or product for your skin care facility, you have information based on sound science available to provide an answer to this question. If not, then take a hard look at the structure and function of the skin, and the claims made about the modality or product.

For example, if you hear it will “reverse the signs of aging,” find out specifically what that means. If loss of elasticity is addressed, then you know there will be some dermal involvement. Is it direct or indirect involvement? Some stimulation of the epidermis can influence the dermis, but your scope does not allow direct penetration of the dermis.

4. Can I get liability insurance for this modality or product?

Insurance companies will only cover you for services that you can legally perform within your scope of practice. The burden of that decision rests solely on you. It’s another good reason why understanding your scope is essential.

This process can seem time-consuming, but don’t worry—with a little bit of homework, you can figure this out. Also, keep in mind that, as a licensed professional, it is one of the responsibilities of your job.