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State board upholds violation against medspa owner but reduces fine after she cured licensing gaps

State Board of Cosmetology · October 7, 2024
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Summary

Owner Candice Stewart told the board she promptly filed paperwork in 2022 but later discovered her salon application was refunded; the board found the establishment out of compliance, upheld the violation, and reduced the fine based on rapid corrective action and mitigating chronology.

The State Board of Cosmetology heard testimony from Candice Stewart, owner of a MedSpa that provides laser and advanced aesthetic services, about a multi-year licensing confusion after new rules for advanced aestheticians took effect in 2022. Stewart said she submitted notarized collaboration forms and other paperwork immediately after an inspector told her to “get in compliance,” but staff told the board the salon application was processed as incomplete and the fee was refunded in February 2022.

Board staff walked the board through email records and the application timeline, explaining that the application had been rejected as incomplete because the salon lacked an advanced aesthetician licensee in charge at that time. Staff confirmed the owner and individual practitioners later brought the establishment into compliance and that some fees had been refunded as evidence the office had attempted to close incomplete applications.

Board members weighed the petition as mitigation: Stewart and her team remedied the defects quickly after inspectors called, and the board acknowledged the administrative confusion surrounding a new license category. Board member Harris moved to uphold the violation but reduce the penalty to $500; the motion was seconded and carried. The board directed staff to follow up with the petitioner about refund/reimbursement of any paid fees and reminded licensees to track application status and correspondence in writing.

The board noted that the statutes and program changes in 2022 created confusion for some businesses that had previously relied on medical supervision models and city-level permits; staff reiterated the board’s preference for written communication and paper trails to establish notice.

Next steps: the petitioner will receive correspondence from board staff about fee adjustments and any administrative follow-up. The board closed the petition after the vote.