Michigan Board of Cosmetology Discusses Public Comments On Proposed Estheticians Rules

LARA took heat for all their licensing scheme enforced on skin care personnel. Do they really need to regulate skin care services at all?

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Board of Cosmetology discusses public comments on new proposed rules impacting estheticians

The board’s rulemaking subcommittee reviewed a number of public comments and concerns on Monday.

By: Lauren Edwards

Posted at 7:34 PM, May 15, 2023

GRAND RAPIDS, Mich. — On Monday May 15, the rulemaking subcommittee with the Board of Cosmetology met to discuss and review public comments regarding the state’s new proposed rules on skincare services and the beauty industry.

“We cannot accept any new comments today regarding these draft rules,” said Dena Marks during the Zoom meeting. “We will not be reviewing all the comments that we received today, but they will all be reviewed during as many rules workgroup meetings as necessary for the rules subcommittee to reach a consensus on any changes it may recommend to the full board.”

Marks is the department specialist with the Bureau of Professional Licensing. She and the board went through the public comments, line-by-line, reviewing what was stated and answering questions.

“So the first comment we received was regarding Rule 338.2101. It was the definition of the word blade. Now the commenter suggested that the words shave or remove skin be stricken from the definition,” Marks said. “The Board disagreed that the definition of blade should be modified in the way suggested. But subsequent comments about another rule made us wonder if the word shave, which is currently in the rule, is now being misunderstood as the removal of hair even though it is referring to removal of skin in the definition and in the later rule.”

For years, estheticians have been known to perform a number of skincare services including deep facials, dermaplaning and botox injections. In a recent interview with FOX 17, estheticians spoke about undergoing hundreds of hours of training in order to obtain a license to do them.

However, Licensing And Regulatory Affairs announced changes, stating that such services should be performed by a healthcare professional.

Specifically, they said licensees shall not “perform services that are limited to the scope of practice of a licensed health profession regulated under Article 15 of the public health code 1978 PA 368 MCL 333.16101 to 333.18838, including but not limited to microdermabrasion, derma-planing, hydrodermabrasion and botox injections.”

Recently, the public voiced their concerns on the new proposed rule changes.

“Someone is asking a question for clarification about the use of a laser for dermatological purposes. And they are correct. It does go on to say if they are under the supervision of a licensed physician that can be done,” Marks said during the meeting. “The use of the laser in a cosmetology establishment is what is being barred. Cosmetology establishments are not medical practices and are not regulated the same way. So, what is being prohibited under the rules is only for cosmetology establishment.”

The Michigan Association of Beauty Professionals recently sent FOX 17 this statement via email:

“Business owners and estheticians – at this point you have likely heard the buzz around the State of Michigan proposed rule changes impacting the cosmetology & esthetics industry. The public comment period ended on Tuesday 5/2 and the subcommittee on rule making for the Cosmetology Board is set to meet again on Monday 5/15. At this time, they will begin the task of reviewing and consideration of the comments submitted. That meeting is public, and you can join via Zoom (link below ). MABP has been monitoring the developing situation and will continue to do so. MABP aims to work closely with LARA to protect and safeguard the industry and our patrons here in Michigan. The rulemaking process is complex, and we know there are concerns about LARA’s proposed changes to esthetics rules. We want you to know that we hear you - and are working to gain understanding and clarification. We will keep you updated as we learn more.”
The board reviewed a number of comments and discussed meeting again soon.

“Today, we are taking one more step toward the promulgation of new rules,” Marks said. “But there are still several steps required by the Administrative Procedures Act. The timing can be difficult to estimate, but the promulgation process will likely not be completed until late fall, or even next winter.”