Formostar shut down by my State, help please

[Jag]

I started up and running our Formostar Treatments 3 weeks ago. Things are going well and we even had our employees certified by a trainer of which we paid and flew in.

Three days ago an inspector with the States Commerce Department of Occupational and Professional Licensing Divison come in and informs my employees that they have a complaint that we are doing "Body Wraps". My two employees says that we are doing Infrared Body Treatments. The Inspector then says "sorry but that is only allowed by a Licensed Master Esthetician, you are taking away jobs that they are licensed to do and you are not licensed Estheticians". She writes up citations too both employees for not being licensed then also writes citation to the salon. She then waves the dollar fine on both employees but hits our business with $200.00 fine and tells us to shut it down until we hire licensed Master Estheticians to do the body wraps.

First, we have never advertised it as "Body Wraps", we call it "Infrared Body Treatments" Second, this inspector never even looked at the Infrared rooms or Formostar, she just said you cannot do Body Wraps. I the owner get on the phone with her as I am away from the salon. She tells me we are taking jobs ways and that it is controlled by the Division of Professional Licensing. WFT?? She says only trained licensed Estheticians can do "Body Wraps" I try telling her it is a Infrared Treatment, not a body wrap per say but she would not hear it. I then ask her about hand held spray on tans that are done in many salons and spa's by those not licensed, she says thats tanning not wraps. I say it is still done with a chemicals and falls under their own rules. She would not listen, wrote us up and took off.
The main guy over the department was out on vacation so I could not set up and appointment nor call him

What would you do if it were your business. I think someone jeoulse just turned us in trying to shut it down.

1- Hire Master Estheticians at a higher rate and keep the unit shut down until we can find 4 to 5 of them? (we are opened 16 hours a day)
2- Re-open the Formostar and continue doing treatments without reguard to them being over it as it is totally different then an Estheticians body wrap. Taking the change of getting caught and fined again? ($400 fine)
3- Open back up, make an appoinment on Monday with the main guy and see what happens?
4- Totally just fight this as not being a Body Wrap and defined by cosmetology board as Estheticians have never been trained in Infrared treatments and it is totally different?

My points are that this is also for Pain Management of which half are clients use it for along with the inch and weight loss. Also, you could in fact show a client how to use it and strap on the belts themselves and we would send the time to the unit through the Tmax. The bandage belts also could lay flat and a client could lay on them that way for back pain treatments.

I know of no other state that requires this, I need help or ideas of how to attack and handle this in my state. I think I am the first to have Infrared Treatments like the Formostar in the state so it is totally new to them that they have never seen or dealt with it before.

Please throw any and all ideas my way.

Thanks for all the help or advise you can give me!

[Din]

Call Formostar directly and get ALL information and documentation from them and have them back you up against the state.

Ask the state if this is the same law in other states where body wraps needs a "master" esthetician to perform and if so, how is formostar allowed.

This is also not a class II medical device and doesn't need license to operate.

They do NOT undress.

This falls under the "Infrared Sauna" Category...ask them if estheticians need to run an infrared sauna in that state and if so...then you will comply. Cuz it's the same treatment.

[W8INLINE]

...and if they still brake balls get a master esthetitian degree through correspondent courses and FAKEM!!!!

[frankie]

So what is the update on this?

[Jag]

Sorry for not getting back sooner. I have been fighting the state over this issue but have lost on every ground. I have thrown in the towel and had to hire Master Estheticians to perform the wraps. Sucks as my girls doing it before along with tanning are mad, Estheticians are hard to find, want more money, and really don't want to be working in a tanning center. So I would check out your State Licensing Division first and make sure you don't fall under them. Their point is that anything done to the body with has to do with weight loss, inch loss etc falls under them and that we are taking way jobs from Estheticians that went to school.

I am screwed now but have found a few girls to work with me but one quit after two shifts. So I am up a creek without a paddle now.

[Din]

Only 1 person has to be Esthetician...licensed. All other employees can be trained by that 1 person and run the formostar.

As long as you have 1 on staff. That's what i was told for other devices that require license like laser hair removal etc...

They don't even have to be there on shift, as long as the employees were trained on how to use it and you have them on payroll.

would be worth cutting an esthetician a paycheck for doing nothing....rather than having them work there.

If you have esthetician friend....put them on payroll, pay them $100/month to do nothing....but use their license to issue the formostar treatments.

Look into it....

[Jag]

Not in Utah. The one doing the actual wrap has to be licensed and a Master Esthetitican, not even a basic and they must be one the clock and the License has to be posted and no other employee can perform the wrap. I have already tried that angle and it does not work in this State. We tried everything but they are hard heads. We even showed them that is so easy a Caveman can do it but still has to be a licensed Esthetician. Every State down here can set their own rules, mine sucks.

[Ziti]

Infrared treatments require that the applicator touch 'skin 2 skin' to the client?
I see you getting around this if not.

[dbl-a]

They do not touch skin to skin. The client is fully clothed.
Who would I contact to find out state regulations in MN? I want to get a Formostar but not if it is a hassle.

[Brian Oshman]

Not in Utah. The one doing the actual wrap has to be licensed and a Master Esthetitican,

They are playing you. If this were the case then the State would require everyone that works in any trade to be licensed individually, not just the employer. Working under one license is commonplace.

What a State, You can have ten Wives, but cannot wrap a towel around someone fully clothed.

[W8INLINE]

What I dont understand is what do esthetitians have to do with a weight loss treatment?

[Jag]

Here is the web site and Rules.

http://www.dopl.utah.gov/licensing/c...barbering.html

R156-11a-102
(4) reads: "Body Wraps" means body treatments utilizing products or equipment to enhance and maintain the texture, contour, integrity and health of the skin and body.

This is what they are sticking with. That we are contouring the body and that falls under Esthetians work. The "equipment" falls under the Infrared machine. It's like knocking on death ears. We are just taking too many jobs about from Esthetians is their whole case here and that if falls under their rules. (remember, each State can make their own rules)

My wife is a Attorney, she has already argued it once at the division level but lost. She is in the process of taking it higher to a district court level and perhaps they will get tired of us and give in but who knows? We have punched holes and agrued about everything point we could in their rules and definitions. She even put one of her Law clerks on it to research into all aspects of the rules here.

What is does is add another full time employee on for 16 hours per day (we are opened 7 am to 11 pm) 6 days a week to handle appointments and they must be Master Estheticians. Just makes it harder to find Estheticians and of course the pay has to be higher then our tanning staff. Most Estheticians don't really want to work in a Tanning Center. I am in the process of changing the name around to include Tan, Body & Wellness Center and to get into more of a concept type business to go along with the tanning side, without all the day spa items.

If anyone can punch holes in any of this or have any angles we have not tried yet, then please let us know.

[Amy E. Hamaker]

Originally Posted by Brian Oshman

They are playing you. If this were the case then the State would require everyone that works in any trade to be licensed individually, not just the employer. Working under one license is commonplace.

What a State, You can have ten Wives, but cannot wrap a towel around someone fully clothed.

Actually, estheticians generally do have to be licensed individually by the state, as well as the business having its own license. A few states require continuing education units to keep the license current, but most states (and I think all of them have a licensure plan in place now, although it's been a while since I've checked) have an individual number of classroom hours that an esthetician must have to take the test and complete his or her license. (This number varies widely by state, however.)

It's been an interesting road for medical spa-type facilities as well, which, if they're offering true physician services, must be licensed as both as a medical facility with the state medical board and an esthetic facility with the state cosmetology board.

[Din]

That's just dumb.....there are many pieces of equipment that are Class II medical devices that don't need special people to run them. power wheelchair/buggies come to mind. Should fall under the same thing, Contact lenses, surgical gloves, pregnancy test kits......

[W8INLINE]

...means body treatments utilizing products or equipment to enhance and maintain the texture, contour, integrity and health of the skin and body

so a personal trainner in your state needs an esthetitians license if they use machines to train their clients?

[Tanning Queen]

WOW!!! What a blast from the past! Nice to see you are still around Amy.

[Brian Oshman]

Thanks for the comment on that Amy.

I equate the use of licences for others to work under based on construction trades, i.e. electrical, plumbing, etc... where not knowing what you are doing can kill lots of people. However, the employees are not required to be licenced and perform the same work. Go figure.

[Jag]

The first day I was cited, ticketed and fined the state inspector put it this way to me
"Well, anyone can paint nails on with a little nail polish but you can't just open up without a license and start painting nails"

We went to her boss he says:
"You cannot wrap anything around someone to contour or enhance the body or it fall under our rules. No matter if it by machine or by hand."
We even tried to ask about Basic Estheticians doing it (which Hair Stylist fall under) He said that they could only put on two wraps, (like the arms) but once the body is 50% or more covered then it falls to a licensed Master Esthetician. So not even Basics can perform doing it. WTF?

We were in contact with Bob Wagner (FDA consulting) several times, true it is a class 2 medical device but defined by them as a wrap that has to be done by an Esthetician. Bob's response what for us to just hire Estheticians unless we want to spend the time fighting in through the State system.

[dbl-a]

How can I check on this in MN?

[Brian Oshman]

What if they apply it themselves?