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Board issues advisory on Avagon Pro device, approves recommended disciplinary actions
Summary
The board adopted legal staff recommendations that cosmetology licenses alone do not authorize use of certain medical devices (e.g., Avagon Pro) and asked licensees to consult the Department of Health; the board also adopted a set of disciplinary recommendations including a revocation recommendation in a repeat unlicensed practice case.
At its Oct. 6 meeting the Tennessee Cosmetology and Barber Examiners Board adopted a legal office advisory letter informing a licensee that use of an Avagon Pro device — a system that combines cavitation and radio‑frequency energy — may fall outside the scope of a cosmetology license and that the licensee should check with the Department of Health for medical‑device or medical‑service requirements.
Joe Wharton, the department’s counsel, presented a proposed private advisory ruling prepared for a licensee asking whether a cosmetology license permitted use of the Avagon Pro. The recommended response, which the board approved, advised that while some uses of the device may be consistent with cosmetology services, the device also performs functions that could constitute cosmetic medical services if they alter living tissue. The letter directs the licensee to consult the Tennessee Department of Health for guidance on medical‑service licensure.
“Any service that uses a biologic or synthetic material, a chemical application, a mechanical device, or displaced energy form of any kind that alters or damages [living tissue] is in the Department of Health’s domain,” counseled board staff during the discussion. Board members said the advisory was necessary to prevent cosmetologists and aestheticians from inadvertently performing medical procedures outside their legal scope.
Disciplinary actions
The board’s legal staff also presented a disciplinary docket. Attorney Mike Underhill reviewed roughly 125 cases in the office’s report and highlighted case 101, a repeat instance of unlicensed practice at a shop where multiple unlicensed individuals were observed. Legal counsel recommended revocation under the circumstances; the board adopted revised recommendations and moved to proceed with the recommended enforcement in line with staff counsel.
Board staff said that the presence of multiple expired or unlicensed practitioners at a single location is an unusual and severe compliance challenge. The department will pursue the recommended civil penalties and licensing actions consistent with board rules and due process.
Continuing education provider
Separately, the board reviewed an application from Rocket Cert to operate an online continuing education provider for licensed instructors. Rocket Cert demonstrated a locked, timed learning module with optional facial‑verification software and described an administrative ticketing system for questions and support. Board members agreed to test the provider’s live course access and reconvene the decision at the December meeting. The board asked Rocket Cert to provide up to 15 unique logins and to keep facial verification available as an optional added security control for reviewers.
Ending note
The advisory letter about the Avagon Pro will be provided to the inquiring licensee; licensees seeking to add devices or modalities that may affect living tissue were advised to consult the Department of Health and the board office before offering such services.
