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Medspa Legal & Legislation > Aesthetician Employment - Legal Question

We have an experienced aesthetician who just started with us. She does not want payroll, just wants to be a contractor and work independently, which is fine with us.

She wants to perform micro needling, thermoge, microcurrent face lift, IPL, LED Ultrasound and Ultrasonic and others.

Question: Are we still liable? Is she allowed to work independently without the doctor's supervision as a contractor? Is just renting a space from us an option?

She only works one day. We basically need these services to complement other procedures that are performed by a physician. I keep on thinking all the time, what are the conditions of working with an aesthetician that makes it worth while.

07.14 | Unregistered CommenterAG MD

I'm not sure what NJ state laws are for "booth rental". I know in the state of PA it is not legal. They have to be a paid employee. I'm just guessing here, but I think if she's renting space, then she's responsible for her own malpractice insurance and probably will be governed more by the board of cosmetology. Again, I'm not sure what NJ's board of cosmetology laws are, but I would imagine she has to have a manager's license or facility license?? If that's the case then I would assume you would not be liable. In any case, you probably should seek the assistance of a lawyer who knows the laws and how gray they are.

On another note, I don't think aestheticians are allowed to use a laser in the state of NJ. In fact, even PA's and nurses aren't allowed to do so. Only licensed MD's.

Aestheticians have a lot of "face time" with people and can really sell your services especially if someone is interested in, or could benefit from, Botox and dermal fillers. Just an example.

07.14 | Unregistered CommenterPY RN

Paula, thank you.
You have a good point there about cross selling services. We were thinking that her services would compliment. She is using IPL and it is allowed in NJ, or so I think. But, yes I need to check with a lawyer.

07.14 | Unregistered CommenterAG MD

AG MD: New Jersey happens to be the most stringent in all the USA for regulation concerning the use of both laser AND IPL. It is "physician only" -- I believe the only state that requires an MD license to legally "pull the trigger". Check this out for yourself-- there is quite a bit on the Internet about it and you can also call the NJ medical boadr and esthetician board to find out for yourself.

In california, NP,PA and MD's can use the laser. NP and PA's can use the laser under supervision of MD only.

In CA, only THREE non-physicians can operate a laser, all under MD supervision: RN (not LVN), PA, and NP.

In NJ, only an MD can operate a laser. The aesthetician is thus practicing medicine without a license, and, in bringing her in to do the procedures s/he is already performing illegally, you would be guilty of aiding and abetting the unlicensed practice of medicine if found out.

12.28 | Unregistered CommenterCal

I had the same question, but I am an esthetician in Illinois, are the answers the same for me? Or does anyone know if I can be an independent contractor, contracted by doctor to perform dermaplaning and micro needling and still be protected? My esthetician license alone will not cover me for those. Thank you.

05.19 | Unregistered CommenterSara

In California are you allowed to do micro needling under a physician if you are an esthetician.

08.26 | Unregistered Commenterpaul

Aestheticians can perform microneedling up to 0.5mm. However, the rule f thumb for aesthetician is not to breach epidermis.... No blood should appear. However microneedling is very operator dependent. You can use a 0.25mm needlie and bleed the whole face especially over forehead and under eyes, but another person can use 1mm and just get an end point of light erythema.

08.27 | Unregistered CommenterAngieMD

Yeah... that's the difference between using clippers to cut someone's toenails and using clippers to cut into someone's toe.

Estheticians: If you're breaking the dermis you're breaking the law. (succinct)

09.4 | Unregistered CommenterJSDM

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