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New rules could make popular skin, beauty treatments illegal for estheticians to practice in MI

A West Michigan salon and salon academy school owner is fighting stop these new rules from going into effect.

HOLLAND, Michigan — Dermaplaning, HydraFacials and exfoliation are all popular skin beauty treatments, but starting May 2, they could become illegal for estheticians to perform in Michigan. 

A West Michigan salon and salon academy school owner is fighting stop these new rules from going into effect, saying these revisions will cost estheticians in Michigan their livelihood. 

Under the Michigan State Board of Cosmetology's proposed new rules, all of these services would become illegal for Michigan estheticians to perform beginning May 2.

"Only a licensed healthcare professional can perform it, meaning that it's pretty much going be non-existent because a medical professional wouldn't perform a dermaplaning service," said Rachel Harned, owner of Bombshell Blow Dry Bar and The Salon Professional Academy of Holland. 

Harned was shocked and worried about these proposed changes. 

"It's a work group comprised of people from the state board. They got to together months ago and started discussing this." 

But Harned says they weren't communicative about what they were proposing at all, and the big question she wants answered that hasn't been is why these changes were recommended.

"We want data driven information backing the reason behind these changes." 

Harned says she'll provide public comment during the state board's meeting on May 2 in Lansing and then hopefully the board will put a pause on the revisions.

"Hopefully the state hears us out and understands where we're coming from and what can be lost," she said. "The thousands and tens of hundreds of thousands lost in our industry and livelihoods."

The Michigan Department of Licensing and Regulatory Affairs (LARA), which runs the Michigan State Board of Cosmetology, responded to 13 ON YOUR SIDE's questions:

Q: What are the newly proposed rules?

A: The draft proposed rules are available here.

Q: How will the newly proposed rules actually affect estheticians?

A: The proposed rules currently include language that clarifies that a cosmetologist and an esthetician are not allowed to perform procedures that are not included in their scope of practice (as found in MCL 339.1201 (c),(j), and (u)). A cosmetologist and an esthetician are not allowed to perform acts that fall within the scope of the practice of medicine, (found in MCL 333.17001 (j)), including diagnosing or treating any human disease, ailment, defect, complaint, or other physical or medical condition. With regard to “resurfacing,” the proposed rule states the following and limits only resurfacing that affects the skin layers below the stratum corneum, which is the top layer of the skin:  “Use any device, apparatus, appliance, product, technique, or practice to abrade, resurface, pierce, puncture, or inject any tissue or skin layer below the stratum corneum, except when performing electrology or when performing hair removal as allowed under section 1201(u)(iii) of the code, MCL 339.1201.”

Q: Why are these changes being made now and how will they help the esthetician industry?

A: The proposed rules aim to bring more clarity to a cosmetologist’s and esthetician’s scope of practice in alignment with the scope of practice set forth in the statute.

Q: When will there be an actual decision or vote on the newly proposed rules?

A: An overview of the rule promulgation process is available here. We are currently in the third box. The Board of Cosmetology voted to move the draft rules to public hearing in February. On May 2, 2023, a public hearing will be held (notice available here) where individuals can provide their feedback in person or via email as described in the notice. After the public hearing, the Board Rules Committee Workgroup will review the comments and make edits as they so choose. The rules may be voted on the full Board of Cosmetology in August, at the earliest.

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