OAR 817-015-0040: Definition of Esthetics Device

Pursuant to ORS 690.005(12), the Board and the Board of Certified Advanced Estheticians collaboratively developed this definition of “Device” (esthetics device). This rule sets forth the specific characteristics of an esthetics device. (1) An esthetician is limited to performing services with mechanical or electric apparatuses, appliances, or devices that do not penetrate beyond the epidermis except through natural physiological effects as defined in OAR 817-015-0045. (2) An esthetician may use mechanical or electrical apparatuses, appliances, or devices that include, but are not limited to, the following: (a) Galvanic current; (b) High-frequency; (c) Microcurrents; (d) Light-emitting diode therapy; (e) Microdermabrasion; and (f) Mechanical or electrical apparatuses, appliances, or devices used for nanoneedling, microneedling, and similar procedures; and (g) Esthetics devices. (3) An esthetic device must: (a) Be either mechanical or electrical. (b) Be capable of, and used for, performing the following skin care or facial care services pursuant to ORS 690.005(5): (A) Cleansing; (B) Stimulating; (C) Manipulating; (D) Exfoliating; (E) Applying lotions or creams. (c) Have the same risk and safety qualifications as galvanic current, high-frequency, microcurrents, light-emitting diode therapy, and microdermabrasion. (4) An esthetic device is not a: (a) Laser; (b) Intense pulse light; (c) Other advanced esthetics devices as specified in OAR 819-030-0000(3); (d) Needle-free device for injection of dermal fillers or fillers. (5) An esthetician may not perform skin care or facial care practices or use a mechanical or electrical apparatus, appliance, or device for medical diagnosis or treatment of disease or physical or mental ailments. (6) OAR 817-010-0065 applies to an esthetician using mechanical or electrical apparatuses, appliances, and devices. It is the responsibility of the esthetician to be trained and educated on mechanical or electrical apparatuses, appliances, and devices used and procedures used in the practice of esthetics pursuant to OAR 817-010-0065. (7) An esthetician is responsible for determining if any services or mechanical or electrical apparatuses, appliances, or devices to be used on clients are prohibited by law. (8) Services provided and mechanical or electrical apparatuses, appliances, or devices used by estheticians that are prohibited, unsafe, dangerous, or cause harm may result in a violation of incompetence, negligence, or unprofessional conduct pursuant to ORS 676.612(2)(j) and under Office or Board rules. (9) An esthetician is responsible for performing services with mechanical or electrical apparatuses, appliances, or devices within the esthetics scope of practice as defined in this rule and ORS 690.005. (10) An esthetician must practice esthetics safely and in a manner that safeguards the public's health, safety, and welfare. (11) An individual certified in esthetics is prohibited from using devices listed in subsection (4) of this rule.