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STATE | ASPS & MSPS Oppose Changes to MN Esthetician Regulation

In a rule development process that has lasted over two years, ASPS and the Minnesota Society of Plastic Surgeons provided comments on a rule proposal regarding estheticians and "advanced practice" estheticians. Specifically, the Board of Cosmetologist Examiners (Board) recommended the creation of a new "advanced practice" esthetic services, which would allow estheticians to exfoliate the epidermis through manual, mechanical or chemical means, as well as through the use of electrical energy treatments. ASPS referenced Minnesota state law's definition on the use of lasers, which is classified as the practice of medicine, and noted that these non-medical professionals should not be able to operate these medical devices. ASPS requested that the Board adopt a definition of electrical energy treatment that specifically prohibits the use of lasers and laser-assisted devices by estheticians and advanced practice estheticians.

Furthermore, ASPS requested that the Board clearly define stratum corneum and epidermal dermal junction in order to delineate the difference in scope between estheticians and advanced practice estheticians, who require additional training. The Society also recognized the positive scope of practice provisions outlined in the proposal, including advertising restrictions and an increase in the number of continuing education hours required annually.

The recent opportunity to comment on these rules in May was made possible due to the denial of the proposal by an administrative law judge who found a procedural error by the Minnesota Board of Cosmetologist Examiners (Board). ASPS anticipates a final rule to come into effect later this year, and will engage the Board should further changes be warranted.