Welcome to
Virginia’s Statewide Esthetician Association!
HB2510
Passes the General Assembly! –Pink Buttons provided by the Virginia
Panel “Two Tier = Safety”
Founding Advisory Board Members:
Christine Gordon – Graham Web Academy,
Department of Esthetics, Arlington Va.
Nell Streker – Yvonne De Vilar Scientific
Skin Care LTD
Esthetics Salon and
School, Vienna Virginia
Chris Werne – Chrysm Institute, Virginia
Beach Virginia
April Coleman – Master Instructor, Vienna
Virginia
Jessica Olsen – Master Instructor, Virginia
Beach Virginia
Laura Todd - The Institute of Advanced
Medical Esthetics
&
University of Medical Esthetics, Richmond Virginia
-------------------------------------------------------------------------------
The History of Virginia's Esthetician Bill?
authored by Melanie Trainer
On Saturday, February 26, 2005, the Virginia legislature passed a bill that
would regulate esthetics and create a two-tiered system of licensure. This
new licensure was envisioned as having a basic Esthetics license with 600
hours of training, and a Master's license, with 1200 hours of training.
What was unusual about this bill is what little opposition it truly had
considering that prior to this new legislation, Virginia was the last State
in the nation to regulate esthetics, never mind creating dual licensure.
The history of this Virginia legislation can be traced back to the 2002
legislative session when a bill was proposed to study this issue. The State
Board that oversees professional licensure in Virginia, the Board for
Professional Occupational Regulation (DPOR), was tasked with writing a
study for the Virginia legislature on the need to regulate esthetics, and
if they concluded that it did need regulation, how to go about doing so. In
November of 2002, DPOR wrote in a lengthy study that "....the Board
found convincing evidence to support regulation by mandatory licensure of Esthetics..."
and "Public comment supported regulation of esthetics but indicated
that several licensure categories may be needed to encompass the different
services provided and the training and education required to perform these
services...".
With this ammunition in hand, various interest groups formed in Virginia to
craft a bill based on the study's recommendations. In the fall of 2004, one
of these groups, PEA (Professional Esthetics Association), which had been
formed for this purpose, splintered when the vast majority of its members
that supported two-tier found out that a small faction that supported no
Master's license, was going to introduce a bill to this effect. Those that
wanted dual-licensure formed their own groups and began working on
alternative legislation.
Late in 2004, SVSS worked with the newly formed Virginia Panel for
Esthetics Licensure to promote two-tier legislation, co-chaired by Laura
Todd of the Institute of Advanced Medical Esthetics, Richmond, VA and
Melanie Trainer of Graham Webb Academy, Arlington, VA. A bill was crafted
and introduced by our sponsor, Delegate John Welch, III, (R-Virginia
Beach). When the 2005 legislative session began in January, Delegate Welch
introduced a two-tiered bill that many felt had little chance of passing.
In order to increase the chance of passage, the Virginia Panel sponsored a
"spa day" for members of the General Assembly and their staff.
This spa day was instrumental in educating members on the field of
esthetics and promoting awareness of our cause. Universal Companies, a
premier distributor and manufacturer of esthetics devices and products,
donated gifts for members and staff and State media covered the event. All
in all, it was a great success and gave the bill some much needed
bolstering.
During the initial House hearings, a small faction of discontented (name
omitted) members testified against the bill, citing the lack of precedence
for two-tier legislation. The Panel and SVSS were able to counter their
arguments, citing the Utah two-tier legislation, and the model of esthetics
licensure championed by the National Coalition of Esthetic and Professional
Association. In addition, Susanne Warfield of NCEA wrote letters in support
of the bill to Delegates, informing them of the issue and discrediting misrepresentations
put out by our opposition. Ms. Warfield also sent out blast e-mails to
Virginia estheticians and esthetic school's with correct information about
the legislation. The bill was reported out favorably and quickly passed the
House of Delegates by a wide margin. At this point, the bill headed to the
Senate where some difficulties arose.
It quickly became evident that the remnants of PEA were going to continue
fighting the bill in the Senate, and presented the same information against
the Master's portion of the bill at the Senate hearing. Luckily, the Panel
and SVSS continued working on educating the Senators and we were able to
have the bill reported out favorably of the Senate General Laws Committee,
with only two dissenting votes. There were moments of heartburn when a
Senate floor amendment was offered that would have had the two newly
created esthetics Board seats be paid out of a non-general revenue fund.
Technically, this could have delayed implementation of the bill, but the
amendment was killed in a conference committee on the closing weekend of
the General Assembly, thus paving the way for final passage.
Many lessons were learned from the successful passage of this bill. One,
Virginia was ready for licensure and the two groups that worked with the
appropriate State agencies were successful in ultimately gaining those
agencies's support. Second, we were lucky in that groups that could have
been opposed to our bill (i.e. the Medical Society of Virginia, massage
therapists, Career College Association) worked with us to clarify any of
their issues, and they in turn came out in support of our bill. Third, our
opposition worked so hard on killing the Master's portion of our bill,
issues such as creating two new board positions never became controversial.
Fourth, having more than one group supporting a bill and working with other
groups showed unity and strength to members of the General Assembly. Fifth,
working to educate members as to how esthetic procedures can be complicated
and those performing those services (i.e. microdermabrasion and chemical
peels in particular) needed to be properly trained. We had pictures of
chemical peels performed by untrained personnel and some of their
horrifying effects. These pictures themselves persuaded many members who
are against any type of regulation to strongly support our bill. Sixth, it
was important to remember that those of us working on this issue needed to
present a united front and get this important legislation passed. It was
unimportant who ultimately gets the credit. And lastly, it is vital that
anyone looking to pass legislation find a legislator that is willing to go
to bat for you and make sure that everyone stays well informed on any
issues that may arise. We in Virginia were lucky that Delegate John Welch
was our bill's sponsor. He and his chief of staff worked to ensure victory
for Virginia and it's estheticians.
As we go forward now with our new legislation, it will be important to
remain united behind implementation of a successful two-tiered system. We
will continue to work with our State agency's to hopefully ensure that the
curriculum is correct and that the appropriate modalities go into both the
first-tier Basic Esthetics license (600 hours) and the second-tier (1200
hours) or Master's Esthetics license. With many States looking to add hours
to their esthetics license, we strongly recommend that they consider the
dual-tier approach.
RUB DOWN AT
THE CAPITOL
Assembly gets a little face time
Virginia is one of two states that does not regulate spas
BY PENELOPE M. CARRINGTONTIMES-DISPATCH STAFF WRITER
Feb 27, 2005
Virginia estheticians went to the General Assembly
yesterday and asked for some skin.
They got it, as a bustling stream of aides, secretaries and members of the House
of Delegates visited an eighth-floor conference room-turned-day-spa. The
setup was complete with beds for the free facials, skin analysis machines
and spa-related gifts. It was designed to educate the politicians and their
staffs about the esthetics field.
That, and to get their support for House Bill 2510.
Its passage would require estheticians those who do basic facials and more
advanced skin treatments -- to be licensed. Virginia is one of two states
without such regulation. Connecticut is the other, yet even that state has
minimal regulations, said Christine Gordon, owner of the Graham Webb
Academy in Arlington County.
"So we really are dead last," she said.
Gordon, a member of the board of the American Association of Cosmetology
Schools and the Virginia Panel for Esthetics Licensure, said the bill would
"bring Virginia up to date and send it to the forefront."
At this point, anyone in Virginia can open a day spa and offer facials and
advanced skin treatments without specialized training. Proponents of the
bill say the lack of standards puts consumers at risk for infection,
improper treatment or permanent skin damage.
"When you go to someone like that, you trust they're going to be
clean. You trust they know what they're doing, but there is no guarantee,"
said Norma Opel, secretary to Dels. Gary A. Reese, R-Fairfax, and Mark L.
Cole, R-Spotsylvania.
Opel stopped in for a skin analysis shortly after the "spa"
opened at 11 a.m. in the General Assembly Building. The diagnosis: Sun
damage.
Regulating estheticians, Opel said, "gives you confidence that they're
accountable to someone else and that they've had testing and studied."
Virginia estheticians, educators, spa owners, equipment suppliers and
political advocates say the bill is a step toward educating the public and
establishing such accountability. It would also validate a rapidly evolving
industry that takes in about $14 billion a year in the United States.
The bill, put forth by the Virginia Society of Skin Care Specialists and
supported by the Panel for Esthetics Licensure, proposes a two-tier
approach that would require 600 hours of training for a license to perform
basic techniques and 1,200 hours for advanced techniques. Utah, the gold
standard for estheticians, is the only state with the two-tier standards.
That's why estheticians across the nation will be watching Virginia
closely, Gordon said.
Laura Todd, owner of the area's Institute of Advanced Medical Esthetics and
a member of the Panel for Esthetics Licensure, said yesterday's event
opened many eyes. "We've
had more support and more people interested in it and finding out about the
scientific aspects. It's more than creams. It's about anatomy, physiology
and applying your scientific background . . . because esthetics is
scientific skin care."
Todd and two of her students were among the 11 estheticians, school owners
and students who provided services to more than 130 people yesterday. Del.
John A. Cosgrove, R-Chesapeake, was among them.
He endured a skin analysis and facial under protest.
"My legislative aide made me come," he said.
"He needs to relax. He's stressed," added the aide, Christie
Craig, who opted out because she didn't bring makeup to reapply. It was a
familiar lament among women on elevators and in hallways.
At least two men took advantage of the free services: Cosgrove and Gary R.
Frink, legislative aide to Del. Allen L. Louderback, R-Page. Frink was
advised to wear sunscreen on his nose and use an exfoliant -- a facial
scrub -- which he said he planned to do.
Del. John J. Welch III, R-Virginia Beach, the bill's patron, didn't seem
surprised by the lack of men given the mostly male membership of the House.
But he was sure the information would get back to those who had skipped the
skin session.
"A lot of times, the aides are pretty influential to the delegates,
and if the delegates aren't man enough to do it, then they can send down
their aides and have them report back," he said.
The bill will go to the Committee on Health, Welfare and Institutions next
week.
Esthetician
Law Will Aid Consumer
BY
PENELOPE M. CARRINGTON
TIMES-DISPATCH STAFF WRITER Mar 1, 2005
Want a little peace of mind to go with that facial or spa
treatment?
Under
a law passed by the General Assembly and awaiting the governor's signature,
estheticians -- people who work in the beauty business -- would have to be
licensed by the state to administer basic and advanced skin-care
treatments. That means bad reactions or other undesirable side effects will
be minimized and consumers would have a process by which to file
complaints...
Virginia
is the only state without licensing requirements for estheticians.
Advocates of the law say the void has left consumers open to improper
treatment, infection or permanent skin damage. Right now, anyone can open a
spa or offer facials and other procedures without training.
Laura
Todd, owner of the area's Institute of Advanced Medical Esthetics and a
member of the Virginia Panel for Esthetics Licensure, said the panel and
the Skin Care Society of Virginia teamed up in a "grass-roots effort"
to push for the legislation.
Del.
John J. Welch III, R-Virginia Beach, sponsored the bill, which drew
attention when estheticians converged at the Capitol to offer delegates a
sampling of their services...
"It certainly behooves consumers to ask if the esthetician is licensed
somewhere else," said Sandra Whitley Ryals. "With any treatment
that is sought, one would want to know how that individual is
credentialed."
Wondering how this new law will impact you?
CHAPTER 829
An Act to amend and reenact 54.1-700 through 54.1-703 and 54.1-704.1
through 54.1-706 of the Code of Virginia and to amend the Code of Virginia
by adding a section numbered 54.1-703.3, relating to the Department of
Professional and Occupational Regulation; Board for Barbers and Cosmetology;
regulation of estheticians.[H 2510] Approved March 26, 2005 Be it enacted
by the General Assembly of Virginia:1. That 54.1-700 through 54.1-703 and
54.1-704.1 through 54.1-706 of the Code of Virginia are amended and
reenacted and that the Code of Virginia is amended by adding a section
numbered 54.1-703.3 as follows: 54.1-700. Definitions.As used in this
chapter, unless the context requires a different
meaning:"Esthetician" means a person who engages in the practice
of esthetics for compensation."Esthetics" includes, but is not
limited to, the following practices of administering cosmetic treatments to
enhance or improve the appearance of the skin: cleansing, toning,
performing effleurage or other related movements, stimulating, exfoliating,
or performing any other similar procedure on the skin of the human body or
scalp by means of cosmetic preparations, treatments, any nonlaser device,
electrical, mechanical, or manual, for care of the skin; applying make-up
or eyelashes to any person, tinting or perming eyelashes and eyebrows, and
lightening hair on the body except the scalp; and removing unwanted hair
from the body of any person by the use of tweezing, chemical, or mechanical
means. However, "esthetics" is not a healing art and shall not
include any practice, activity, or treatment that constitutes the practice
of medicine, osteopathic medicine, or chiropractic. The terms "healing
arts," "practice of medicine," "practice of osteopathic
medicine," and "practice of chiropractic" shall mean the same
as those terms are defined in 54.1-2900."Esthetics instructor"
means a licensed esthetician who has been certified by the Board as having
completed an approved curriculum and who meets the competency standards of
the Board as an instructor of esthetics."Esthetics spa" means any
commercial establishment, residence, vehicle, or other establishment,
place, or event wherein esthetics is offered or practiced on a regular
basis for compensation under regulations of the Board. "Master
esthetician" means a licensed esthetician who, in addition to the
practice of esthetics, offers to the public for compensation, without the
use of laser technology, lymphatic drainage, chemical exfoliation, or
microdermabrasion, and who has met such additional requirements as determined
by the Board to practice lymphatic drainage, chemical exfoliation with
products other than Schedules II through VI controlled substances as
defined in the Drug Control Act (54.1-3400 et seq.), and microdermabrasion
of the epidermis."School of esthetics" means a place or
establishment licensed by the Board to accept and train students and which
offers an esthetics curriculum approved by the Board.
|