OAR 819-030-0001: Definition of Advanced Esthetics Device

Pursuant to ORS 676.630(3), the Board and the Board of Cosmetology collaboratively developed the definition of “Device” (advanced esthetics device) in this rule. This rule sets forth the specific characteristics of an advanced esthetics device. (1) An advanced esthetician is limited to using advanced esthetics devices as follows: (a) Limited to performing services that are “nonablative” as defined in ORS 676.630 and OAR 819-005-0005. (b) Limited to services performed on the hair and skin. (2) An advanced esthetician may perform advanced nonablative esthetic procedures that go beyond the epidermis using advanced esthetics devices listed in subsection (3) of this rule. (3) An advanced esthetics device is a: (a) Laser; (b) Intense Pulse Light; or (c) Piece of equipment or a mechanism that meets all of the following: (i) Shares the same risk and safety qualities as lasers and intense pulse light devices. (ii) Is capable of performing nonablative procedures on the skin or hair. (iii) Is capable of performing procedures in conjunction with a modality. (iv) Is registered with the United States FDA. (4) An advanced esthetic device may not be of greater risk or greater inherent risk as a laser or intense pulse light. (5) It is the responsibility of the advanced esthetician to be trained and educated on the devices and procedures used in the practice of advanced nonablative esthetics. (6) An individual certified to practice advanced nonablative esthetics procedures is responsible for determining if any services or devices to be used on clients are prohibited by law. (7) Services provided and devices used by certified advanced 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.