On December 11th, the ODA issued an ODA ALERT regarding the updated Cosmetology Rules, which stated that the cosmetology board accepted the comments of the OSMA and ODA and elected to retain the proposed rule language that we supported that clearly identifies the types of procedures that Estheticians are prohibited from performing. The rule is effective 12-19-19. Pertinent Rule 4713-8-04 Language: Estheticians shall not provide services using any devices that ablate, damage, or alter any living cells. This includes, but is not limited to, cryosculpting/coolsculpting, removal of skin tags, moles, or angiomas, microneedling, and plasma/fibroblast skin tightening.
These are not new rules, but rules that have been in place for some time. The updated rules specifically named Class 2 and Class 3 procedures that Estheticians are not allowed to perform. With additional research we found Medical Assistants are NOT allowed to be performing these procedures.
Several ODA members have asked about delegating these procedures (e.g., microneedling and cryosculpting/coolsculpting) to medical assistants or nurses (RN/LPNs). The procedures describe above are the practice of medicine under O.R.C. §4731.34(A) (see http://codes.ohio.gov/orc/4731.34v1 ). The practice of medicine can only be delegated to unlicensed personnel in conformance with Ohio Administrative Code (O.A.C.) Chapter 4731-23 (see http://codes.ohio.gov/oac/4731-23 ). Medical assistants are not licensed by any state entity. The Medical Board’s interpretation of Chapter 4731-23 generally relates to the potential delegation of tasks, never procedures, and the activities describe would be considered procedures. Consideration of the factors listed in O.A.C. Rule 4731-23-02(B) leads to the conclusion that the procedures described are not delegable to unlicensed personnel such as medical assistants.
We are still looking into whether nurses are able to perform such procedures and will follow-up with an additional email when this information becomes available. If you have any additional questions, please email ODA Executive Director, Jill Hostetler at odaexec@ohderm.org.
The ODA has also put together a brief survey to better understand our membership needs on this topic. Please take a few moments to complete the following survey.
https://www.surveymonkey.com/r/6Y3Q63K