By the Division of Professional Licensure

The Board of Registration of Cosmetology ("Board") voted at its meeting on December 9, 2008 to adopt the following policy guidelines. These policy guidelines are intended to provide guidance to the profession and the public regarding new technologies whose use would fall under the Board's statutory authority but have not been addressed in Board approved curriculums.

Policy No. 09-02

Purpose:

To advise licensees (cosmetologists and aestheticians [types 1 and 6] as well as lower level licensees they are directly supervising [no manicurists]) on the use and requirements for microdermabrasion, chemical peels, and intense pulse light devices.

Policy:

Licensees who wish to provide microdermabrasion, chemical peels, and utilize intense pulse light devices must follow the following guidelines:

Microdermabrasion

Microdermabrasion devices are devices that remove cells of the skin. The Board has determined that certain uses and settings of such machines may be appropriate in cosmetology salons. However, it is the understanding of the Board that techniques which affect the living layers of facial skin/dermis constitute the practice of medicine and should not be performed in a salon. Therefore, approved licensees may utilize microdermabrasion techniques that remove cells limited to the stratum corneum (the outermost layer of the epidermis/skin).

Only those licensees who have been trained on the use of said microdermabrasion devices and have received Board approval after submitting records of such training shall be permitted to provide said services. Type 2 and 7 licensees (operators and aestheticians) who possess this training must be supervised by a Type 1 or 6 (cosmetologist or aesthetician) who has also submitted their training to the Board for approval. Salons providing such services must have, on the premises, documentation showing Board approval at all times and available on demand for Board inspection. The Board reserves the right to amend its approvals to require additional training as the protection of the public so demands.

Chemical Peels

Licensees may wish to utilize chemical peels utilizing Alpha Hydroxy Acid Exfoliation preparations, or AHAs, (glycolic, lactic, or fruit acids, BHAs (salicyclic acid), and Jessner modification solutions that do not exceed a 30% concentration with a pH value of no lower than pH 3.0. Per Board policy, Licensees may not provide chemical peels involving Trichloroacetic Acid (TCA), Carbolic Acid (phenol) or combinations thereof. Further, licensees may not provide chemical peels involving adulterated chemical exfoliating/peeling substances.

Only those licensees who have been trained on the use of said chemicals and approved by the Board shall be permitted to provide said services. To obtain such approval, said licensees must submit records of said training to the Board. Type 2 and 7 licensees (operators and aestheticians) who possess this training must be supervised by a type 1 or 6 (cosmetologist or aesthetician) who has also submitted their training to the Board for approval. Salons providing such services must have, on the premises, documentation showing such approval at all times and available on demand for Board inspection. The Board reserves the right to amend its approvals to require additional training as the protection of the public so demands.

Intense Pulse Light Devices

The Board has been made aware of the increasing popularity in other states of non-laser Intense Pulse Light ("IPL") Devices. Currently, the use of lasers in Massachusetts is considered the practice of medicine. Conversely, IPL devices are much less invasive and involve the use of a focused broad spectrum light which is applied to the skin for many purposes including hair removal as well as more invasive tasks such as removal of acne, wrinkles, or brown spots. Cosmetologists, operators, and aestheticians (both type 6 and 7) are trained to recognize (but not diagnose) skin problems that may require referral to a medical professional. Therefore, because of the apparent safety of these devices, the Board will approve the use of IPL devices for the removal of hair only by its licensees in appropriately licensed salons. All other uses of such devices do not have Board approval at this time. Salons which wish to utilize these devices must abide by the following guidelines:

A. The Board approved floor plan of the salon must identify the use of said devices. Currently licensed salons must submit an amended floor plan to the Board and must have a copy of that floor plan on the premises at all times for review by a Board inspector.

B. With submission of a new or amended floor plan, licensees must provide a copy of the manufacturer's instructions for the IPL machine. Licensees shall not use an IPL machine that is barred by the FDA, nor shall they use a machine that also provides laser treatments.

C. Only those licensees who have been trained on an IPL device and have been approved by the Board shall be permitted to provide said services. Type 2 and 7 licensees (operators and aestheticians) who possess this training must be supervised by a Type 1 or 6 (cosmetologist or aesthetician) who has also submitted their training to the Board for approval. Salons providing such services must have, on the premises, documentation showing such training at all times and available on demand for Board inspection. To obtain such approval, said licensees must submit records of said training to the Board. The Board reserves the right to amend its approvals to require additional training as the protection of the public so demands.

Disclaimer

The Board allowance of the use of these devices is clearly limited and is not intended to allow licensees to engage in the practice of medicine or to allow licensees to provide services which may harm the public. Therefore, all licensees should be on notice that the Board may change this policy and restrict or bar the use of any or all of these procedures when in the best interests of the public's health, safety, or welfare. Licensees should also be on notice that performing these services without meeting the Board's requirements shall be deemed to be practicing outside the scope of their license and shall subject them to disciplinary action.