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June 2, 2008
Illegal Services Performed by Estheticians
AT AMERICAN LASER CENTERS, ESTHETICIANS ARE PERFORMING PROCEDURES ARE NOT LAWFULLY ABLE TO PERFORM.
I WAS READING SOME UPDATES THAT TEXAS DEPARTMENT LICENSING & REGULATIONS HAS MADE. FOR THOSE OF YOU IN THE ESTHETICS INDUSTRY, YOU SHOULD READ THIS AND WATCH YOUR BACK. EMPLOYERS WILL TRY TO MAKE YOU DO THINGS THAT ARE NOT UNDER THE REALM OF YOUR LICENSE! YET WHEN YOU GET CAUGHT, YOU'RE ON YOUR OWN. TDLR WILL COME AFTER YOU. . . .
9. As a facialist in a medical spa, may I perform laser hair removal, laser resurfacing, or laser teeth whitening through delegation or supervision by a physician, nurse, or dentist?
NO. A facialist specialty license does not authorize facialists to use lasers, including lasers for hair removal, skin resurfacing, or teeth whitening. To the extent, if any, that a physician may delegate the use of lasers to a non-medical licensee, please contact the Texas Medical Board at 512-305-7030 or 1-800-248-4062 or at http://www.tmb.state.tx.us. To the extent, if any, that a dentist may delegate the use of lasers to a non-dental licensee, please contact the Texas State Board of Dental Examiners at 512-463-6400 or at http://www.tsbde.state.tx.us. To the extent, if any, that a nurse may delegate the use of lasers to a non-nurse licensee, please contact the Board of Nurse Examiners at 512-305-7400 or at http://www.bne.state.tx.us.
10. If I hold a facialist license, may I perform additional procedures (procedures not authorized by my facialist specialty license) because I work with or am supervised by a licensed medical doctor or nurse?
No, a facialist specialty license does not authorize a facialist to perform additional procedures or a more advanced or expanded scope of practice depending on the facialist’s place of employment or title of employer.
Lasers
15. Does my facialist specialty license authorize me to perform laser hair removal?
No, a facialist specialty license does not authorize the use of lasers. Under 16 T.A.C. 83.10(8), a facialist may temporarily remove hair by depilatory, mechanical tweezers, or wax. Laser hair removal is not a temporary hair removal method, and cannot be performed by facialists.
16. Does my facialist specialty license authorize me to perform laser skin resurfacing?
No, a facialist specialty license does not authorize a facialist to use lasers. Laser skin resurfacing methods affect areas of live tissue below the epidermis. Facialists may remove dead skin cells, but may not affect or treat live tissue. You may learn more information from the Texas Medical Board at 512-305-7030 or 1-800-248-4062 or at http://www.tmb.state.tx.us.
17. Does my facialist specialty license authorize me to perform laser teeth whitening?
No, a facialist specialty license does not authorize a facialist to use lasers. You may learn more information about laser teeth whitening from the Texas State Board of Dental Examiners at 512-463-6400 or at http://www.tsbde.state.tx.us.
Unregulated Services
20. Does my facialist specialty license authorize me to perform body wraps?
No, a facialist specialty license does not authorize facialists to perform body wraps. Under Occupations Code, Sections 1602.257 and 1602.002(a)(7), facialists may only beautify a person’s face, neck or arms. However, as of the date of this publication, the department is not aware that body wraps are a regulated service in Texas. If unregulated, any person may provide body wrap services.
Delegation to facialists
7. Can a doctor delegate cosmetology procedures in a salon to a facialist?
No. Regardless of a facility’s name (salon, medical office, medispa, etc.), a facialist may lawfully practice under the facialist specialty license in an establishment that holds a cosmetology salon license, without delegation. In fact, a doctor cannot delegate cosmetology procedures. A doctor may delegate only medical procedures in accordance with the laws and rules relating to the medical license. Also, under Occupations Code, Section 1602.403, a salon must, at all times, be under the direct supervision of a cosmetologist.
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