Current through Vol. 42, No. 1, September 16, 2024
(a) Cosmetology means any one or
combination of practices generally and usually performed by and known as the
occupation of beauticians, beauty culturists, beauty operators, cosmeticians,
cosmetologists, or hairdressers or of any other person holding himself or
herself out as practicing cosmetology by whatever designation and within the
meaning of the Oklahoma Cosmetology and Barbering Act, but expressly
does not include services that puncture the skin or that are within the
scope of practice of the healing arts pursuant to 59 O.S., §
199.1 and OAC
175:1-1-2,.
(1) For the purposes of the Oklahoma
Cosmetology and Barbering Act ("Act"), "puncturing the skin" is defined as
perforating the skin by any means, including, but not limited to:
(A) The application of permanent
makeup;
(B) Microblading, which is a
semi-permanent technique for enhancing the appearance of eyebrows in which
pigment is scratched into the skin using a hand tool with a blade formed of
tiny needles;
(C) Microneedling or
"collagen induction treatment or therapy," which is a procedure that uses a
multi-needled device to create microchannels in the skin at a depth greater
than 0.25 mm to stimulate the body's natural healing process while minimizing
cellular damage;
(D) The use of
laser treatments; ultrasound and high intensity focused ultrasound ("HIFU")
treatments; radiation; plasma pen; injections, including, but not limited to,
injections performed by means of needle-free injection devices; and Food and
Drug Administration ("FDA") approved Class 3 medical devices;
(E) Cryolipolysis or "fat freezing," which is
a fat reduction procedure that uses cold temperature to reduce fat deposits in
certain areas of the body;
(F)
Dermabrasion, which is a procedure that uses a specialized instrument to "sand"
or scrape away the top layers of the skin; and
(G) The removal of tattoos, skin tags, moles
or angiomas.
(2) Services
that puncture the skin or that are within the scope of practice of the healing
arts are beyond the scope of a cosmetology license and a facialist/esthetician
license.
(b) Esthetic
devices approved by rule, that are intended to be used for cosmetic skin care
purposes, beautifying, and improving the appearance of the skin, include, but
are not limited to:
(1) Galvanic
current;
(2) High
frequency;
(3) Mechanical
brushes;
(4) Vacuum spray
devices;
(5) Steamers;
(6) Micro current devices;
(7) Microdermabrasion devices;
(8) Low level radio frequency
devices;
(9) Light emitting Diode
devices, including, but not limited to, intense pulsed light therapy devices;
and
(10) Metal extractor
tools.
(c) Cosmetologists
and Facialists/Estheticians may only exfoliate stratum corneum cells. With
proper training, Cosmetologists and Facialists/Estheticians may use any
chemical, mechanical or electrical service to exfoliate cells of the stratum
corneum, including, but not limited to:
(1)
Chemical exfoliating agents, including, but not limited to, alpha hydroxyl
acids (glycolic and lactic acids), beta hydroxyl acids, salicylic acid,
Jessner's solutions, and resorcinol. Provided, however, that chemical peels
performed by a Cosmetologist or Facialist/Esthetician shall be mixed and used
at an ingredient concentration of thirty percent (30%) solution or less at
final formulation, or with a pH value not less than three (3), unless all of
the following conditions are met:
(A) The
chemical peel preparation is a commercially available product approved for use
by Cosmetologists and/or Facialists/Estheticians;
(B) The licensee can provide documentation
from the manufacturer that the specific product does not penetrate below the
stratum corneum when used as directed;
(C) The licensee can provide documentation of
training and/or certification in the use of the product;
(D) The licensee follows all manufacturer's
directions in the use of the chemical peel preparation; and
(E) The preparation is stored according to
the manufacturer's specifications and is discarded after its expiration
date.
(2)
Microdermabrasion; provided, however, that any microdermabrasion equipment used
by a Cosmetologist or Facialist/Esthetician must be a Class 1 or Class 2 device
under the FDA's classification system. The Cosmetologist or
Facialist/Esthetician must prominently display a certificate of training
proficiency for each type of microdermabrasion equipment used. The use of Class
3 FDA-approved devices for microdermabrasion is prohibited.
(d) Licensees using a device, equipment,
chemical or a product shall comply with the manufacturer's directions when
using, storing and disposing of the device, equipment, chemical or
product.
Added at 26 Ok Reg 1406,
eff 7-1-09
