What are the Maryland laws for operating a microdermabrasion machine in a salon?
02/01/2007 - Category:Corporations - Professional Corporation - State: MD #1283
Full Question:
What are the Maryland laws for operating a microdermabrasion machine in a salon? What if a doctor is associated with the salon?
Answer:
Microdermabrasion is a skin-freshening technique that helps repair facial skin that takes a beating from the sun and the effects of aging. The plastic surgeon uses a device like a fine sandblaster to spray tiny crystals across the face, mixing gentle abrasion with suction to remove the dead, outer layer of skin. As with other skin rejuvenation techniques, more than one treatment may be needed to reduce or remove fine wrinkles and unwanted pigmentation.
Microdermabrasion isn't always performed by your plastic surgeon. In many cases, a specially trained aesthetician who works for the plastic surgeon may perform microdermabrasion treatments. It is still important to choose someone who is skilled, trained and qualified for your procedure. In most states, aestheticians are regulated by the same organizations that regulate other medical care.
The following is a selected portion of the Minutes of the Board of Cosmetologists on November 7, 2005:
1. Concept Paper Regarding Medical Procedures - Mr. Harry Loleas, Deputy Commissioner, addressed the concept paper that was submitted by the Board regarding the prohibition of all medical procedures in licensed salons. Mr. Loleas advised the Board that the Department, recognizing the Board’s concerns, also notes the proliferation, in Maryland and other states, of “medical spas” where a patron can come for medical treatments (e.g. Botox injections; exfoliation via microdermabrasion), a massage, and esthetic, or other cosmetology, services all at one location. Mr. Loleas stated that these topics warrant further discussion in order to accommodate the needs and wants of the public while, at the same time, ensuring the public’s health and safety.
Mr. Spizler, Board counsel, noted a current statutory provision and a current regulation which, potentially, would be violated under a “medical spa” scenario. First, Business Occupations and Professions Article, §5-605, Annotated Code of Maryland provides that a person may not practice cosmetology in any place other than a licensed beauty salon or licensed barbershop (except for “salon sponsored” services, by appointment, rendered in a hospital, hospice facility, nursing home, assisted living facility or residence of a mentally or physically infirm person). Second, COMAR 09.22.02.03(J) prohibits the use and possession of lasers, microdermabrasion equipment, or “any other mechanical devise used to remove one or more layers of skin” in a licensed beauty salon; and COMAR 09.22.02.03(K) prohibits the use of “any product or method that causes tissue destruction or penetrates the blood fluid barrier, including chemical peels and glycolic acids,” in a licensed beauty salon. Thus, as explained by Mr. Spizler, the following quandary is created regarding a “medical spa”:
• If the “medical spa” is not licensed as a beauty salon, a licensed cosmetologist, a licensed esthetician or a licensed nail technician is barred from practicing at such a location (BOP, §5-605).
• If the “medical spa” is licensed as a beauty salon, the mere possession, and the use, of microdermabrasion equipment, as well as “any other mechanical devise used to remove one or more layers of skin,” is prohibited in the salon, as is “any product or method that causes tissue destruction or penetrates the blood fluid barrier” (COMAR 09.22.02.03(J) & (K).
2. Citation Fines - Mr. Loleas spoke regarding the schedule of fines the Board approved regarding the issuance of citations. Mr. Loleas commended the Board members for the work they had put into formulating the schedule and the fines. After reviewing the documentation regarding the proposed fines for citations issued for “improper disinfection,” Mr. Loleas suggested that the proposed $300 fines (maximum by law) were too high, and $150 would be more appropriate. After a discussion, the Board agreed with Mr. Loleas and lowered those proposed fines for “improper disinfection” to $150.
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02/01/2007 - Category: Professional Corporation - State: MD #1283
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