Provided by: Jennifer Kirschenbaum, Esq.
July 11, 2023
Question:
Hi Jennifer,
I employ an esthetician and she performs cool sculpting. Is that appropriate?
Thanks,
Dr. L
Answer:
Answering for New York, no. The Department of State licenses and oversees Estheticians and has promulgated an easy to access/understand chart on what estheticians may or may not do under their license, available here-
https://dos.ny.gov/system/files/documents/2023/05/ae-procedural-list-12-14-22-_0.pdf.
Cool sculpting is referenced as "medical", and any "medical" service requires a license under the Department of Education purview - MD, DO, NP, RN. If you are not currently adhering to NYS' requirements, you would not be alone. However, scope of practice enforcement is a real liability concern - and any related charge by the Office of Professional Medical Conduct must be taken very seriously. Questions on scope of practice and risk of non compliance? Contact Jennifer to discuss.
Laser Hair Removal
Pleased to report that this firm's seminal case ruling (DOS v. Kaufman) authorizing estheticians to render laser hair removal services remains NYS law.
Contact Jennifer immediately upon receipt of any communication by a licensing agency - DOS or DOE / OPMC or OPD.
