Bureau of Proprietary School Supervision Room 974 EBA Albany, NY 12234 www.highered.nysed.gov/bpss

March 10, 2005

Regarding Permanent Make-Up and Eyelash/brow Tinting in Esthetician Core Curriculum

Approximately 5 years ago (1999), the  FDA decided that the mercury content in hair dye and in other types of dye was  high and presented a safety issue, and prohibited the use of dyes in eyebrows and eyeleashes. The possible consequence of using such can be permanent blindness in the eye(s). After the Federal Government prohibited such, the NYS Department of State Regulations also changed. The revised Section 160.27 of the NYS Department Of State's Regulations, at http://dos.state.ny.us/lcns/lawbooks/app_enh.html ,

Since January 2000 states that a license in Appearance Enhancement, such as Esthetician, does NOT allow to perform the following:

    (a) Permanent makeup (micropigmentation): The practice of micropigmentation or tattooing. However, should such practice be performed in an appearance enhancement business, the owner and any licensed operator performing such services shall be responsible for the proper sanitation and disinfection and sterilization of all implements according to applicable State and local standards and regulations.  [This refers to a  practitioner with a tattoo license working in a beauty salon]

As these two techniques cannot be used by holders of Appearance Enhancement licenses, it follows that they also cannot be taught by appearance enhancement schools, (e) not at all, (a) not under existing Appearance Enhancement Curricula, even though these two techniques are still for the time being listed in the core Esthetics curriculum (Regulation 162.2) under Subject 11, Make-up techniques (84 hours). When the curriculum is revised by the Appearance Enhancement Committee, teaching these techniques will be deleted.