Industry Bulletin 8-13-2015- Light Emitting Diodes (LED)

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The Board would like to remind its cosmetologists/estheticians, if a licensee is considering using any sort of LED device, they must consider if use of that device violates any of the statutes or regulations of the Board.

It is not the Board's practice to specifically list in regulation the services that a licensee may or may not perform. Title 16 California Code of Regulations section 991 (prior to July 1, 2015), prohibited the use of LED services. The Board has made substantial changes to section 991, which could now allow for a cosmetologist/esthetician to use LED. As with all services, the intent of use must be to improve the appearance of the skin (beautification). The Board recognizes that the majority of LED services are for that intended use.

Section 991 of the California Code of Regulations (effective July 1, 2015):

991. Invasive Procedures :

(a) No licensee or student may use a product, device, machine, or other technique or combination of the same, which results in the removal, destruction, incision, or piercing of a client's skin beyond the epidermis. Any such act shall be considered an invasive procedure.

(b) Invasive procedures include, but are not limited to, the following:

(1) Application of electricity which visibly contracts the muscle.

(2) Application of topical lotions, creams, serums or other substances which require a medical license to purchase.

(3) Penetration of the skin by metal needles, except electrolysis needles/wire filaments.

(4) Abrasion and/or exfoliation of the skin below the epidermal layers.

(5) Removal of skin by means of a razor-edged tool or similar device.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7312(e), 7316, 7320, 7320.1, Business and Professions Code.

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