Monday, June 20, 2005
State to regulate skin care industry
Currently, anyone can hang a shingle as an esthetician in Virginia. That will change in two years.
Several decades ago, a facial meant food on the face.
Two slices of cucumbers to soothe the eyes. A coating of egg whites to firm the cheeks. Maybe some mayonnaise to shine the hair.
Today, demand is up for services for the skin, both from aging baby boomers concerned with age spots and wrinkles, and individuals seeking medical relief from conditions such as acne.
The facial industry has largely traded raw natural substances such as oatmeal - a good exfoliant - for powerful, manufactured preparations and devices. These have greater potential to help, but in the wrong hands, can harm.
Yet, while Virginia regulates many types of professionals in the personal care industry, including hairstylists, nail technicians and tattooists, it is one of two states in the nation that does not regulate estheticians, or skin-care specialists. Connecticut is the other. This is the case despite a decision by the U.S. Food and Drug Administration to leave regulation of this area generally to the states.
In Virginia, virtually anyone can hang a shingle as an esthetician, obtain products and equipment, and work on skin. No government authority ensures estheticians are competent or inspects their businesses. If something goes wrong, there is no dedicated state agency to which a red-faced customer can complain. The only exception is esthetic services performed for a medical purpose, in which case practitioners are subject to medical licensing requirements.
In response to a concern that undertrained or otherwise incompetent practitioners of esthetics pose a risk to the public, Virginia recently decided to license and regulate estheticians in two years.
During debate on the bill (HB 2510), lawmakers saw photos and other evidence from national medical journals of "injuries and scarring and burning of the facial tissue that may not be able to be repaired," said Robert Rummells, legislative aide to Del. John Welch, R-Virginia Beach. Welch introduced the bill after a group of Virginia estheticians and their supporters asked to have their industry regulated, Rummells said.
Though the law takes effect July 1, the state won't require a license, inspect esthetics facilities or mete out discipline until July 1, 2007, because state regulators were given two years to gear up.
In the meantime, consumers are advised to check the references of any esthetician they use and, for added protection, see if the person holds any private industry certifications that may signify completed course work or competence.
"We have many people who are practicing esthetics without any training and are going beyond the limits of esthetics" into the practice of medicine without a license, said Kathleen Skretvedt, a Midlothian esthetician and esthetics instructor.
Skin care requires more skill than ever. In spas, salons and medical offices, estheticians beam a high-strength light to open pores and stimulate collagen production. They blast dead skin away with miniature crystals in a process known as microdermabrasion. Chemical peels, steam and specialized creams clean and fortify the skin. Refrigerated eye pads have taken over for vegetables. Care is available not only for the face but for the back, arms, hands, legs and underarms. No skin surface is off-limits.
Particular practices that concern Skretvedt include reuse of disposable lancets without sterilization, general lack of sanitation and use of bare hands. She said unscrupulous estheticians buy medical-grade "chemical peel" preparations in a black market-type environment.
"We have many, many, many estheticians who have bought a book, read it and set themselves up in business," said Skretvedt, 63, who added that she learned the trade from a qualified practitioner, has spent her entire adult life practicing and holds a Pennsylvania license.
Skretvedt acknowledged that most facial customers probably have a satisfying experience. "This industry couldn't be growing if that wasn't the case, but it's very dangerous because, at this point, things are progressing so fast in the industry." Given the growth, regulation is a timely addition "to protect the consumer," she said.
The task of writing and administering regulations will fall to the Virginia Board for Barbers and Cosmetology, which already regulates 62,917 individuals, schools and businesses. The board must operate the program entirely off fees and not tax dollars, as is the case for other regulated, professional services industries. Assuming 2,000 new regulants, the board expects to raise about $55,000 annually, or enough for one additional administrative employee.
Asked how one employee will regulate 2,000 estheticians, a member of the lobbying team that fought for the bill said inspectors keeping an eye on Virginia's professional community are generally few.
"If we get one person, we're doing pretty good," said Melanie Trainer, marketing director at the Graham Webb Academy, an Arlington cosmetology school. "At least there'll be some enforcement of it, and when you call and complain, there'll be some response as opposed to no regulation at all."
The board will be able to draw on the resources of the 60-person compliance and investigations unit of the Virginia Department of Professional and Occupational Regulation, department spokeswoman Mary Broz said.
Trainer said regulation also is expected to make personal liability insurance less expensive and more available for estheticians and make it easier for those who are injured to successfully sue for damages.
Zee Ritter, president of Zee Salon and Day Spa Inc. in Roanoke, welcomed the new law. She said she takes steps to ensure the competence of the estheticians she employs - she has three - by requiring a certificate of completion of an educational program.
"Everybody needs to have a license to be more of a professional and understand exactly what they're doing," Ritter said.
Client Betty Edmunds of Southwest Roanoke County, the 1957 Miss Virginia and a regular facial customer, agreed that a license will be a good thing. Consumers "should know who they're dealing with."





