OAR 817-010-0067
Requirements, Standards and Prohibitions - Esthetics

(1) ORS 676.635 (Prohibition on unauthorized practice of advanced nonablative esthetics procedures or unauthorized use of title) prohibits the practice of advanced nonablative procedures by anyone who is not authorized to practice advanced nonablative procedures by the Board of Certified Advanced Estheticians, except for licensed health-care professionals acting within their scope of practice and students enrolled in an advanced nonablative esthetics education or training program.
(2) The practice of advanced nonablative esthetics is defined in ORS 676.630 (Definitions for ORS 676.630 to 676.660), and is a procedure that uses a laser or other device registered with the FDA for nonablative procedures performed on hair or skin.
(3) ORS 676.630 (Definitions for ORS 676.630 to 676.660) refers to devices registered with the United States Food and Drug Administration (FDA) when describing the scope of advanced nonablative esthetics. “Device” is defined under the federal law that governs the FDA. For purposes of this rule, HLO deferred to guidance on the FDA’s website, including the FDA Federal Food, Drug and Cosmetic Act, ch. II, s. 201(h) and https:/­/­www.fda.gov/­downloads/­medicaldevices/­deviceregulationandguidance/­guidancedocuments/­ucm575923.pdf. As described by the FDA, a device is a product intended to cure, mitigate, treat or prevent disease or affect the structure or function of the body. The FDA considers claims that indicate penetration or some effect beyond the stratum corneum into living layers of skin by such products to be evidence of a firm’s intent to affect the structure or function of the body. The FDA does not consider a chemical product to be a device. Section (4) of this rule sets forth the meaning of “device” in accordance with the federal law and the FDA’s interpretation of that law.
(4) A device is a product intended to cure, mitigate, treat or prevent disease or affect the structure or function of the body. Claims that indicate product penetration or some effect beyond the stratum corneum into living layers of skin is evidence of a firm’s intent to affect the structure or function of the body.
(a) Chemical products are not devices.
(b) Non-chemical products that do not penetrate into living skin (e.g., epidermal and dermal layers of the skin) and claim only to do the following are not devices:
(i) Facilitate exfoliation of the skin (i.e. disruption of the stratum corneum);
(ii) Improvement of appearance of the skin;
(iii) Give skin a smoother look and feel; or
(iv) Give skin a luminous look.
(5) An individual certified in esthetics is prohibited from using devices as defined in subsection (4) in this rule.
(6) A person who does not hold a valid practitioner certificate from the Board is prohibited from providing esthetic services using any type of device defined under this rule unless otherwise authorized to do so by statute.
(7) An individual certified in esthetics is responsible for determining if any services provided to clients would be prohibited by law.
(8) Services provided by an individual certified in esthetics that are prohibited, unsafe, dangerous or causes harm may result in a violation of incompetence, negligence or unprofessional conduct pursuant to ORS 676.612 (Disciplinary authority)(2)(j) and under Office rules.

Source: Rule 817-010-0067 — Requirements, Standards and Prohibitions - Esthetics, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=817-010-0067.

Last Updated

Jun. 8, 2021

Rule 817-010-0067’s source at or​.us