Laser hair removal regulations by state

Some states have taken a position on who can and cannot perform laser hair removal or intense pulsed light hair removal. This is usually determined by each state’s state medical board, and in some cases by other professional boards. States without listed regulation have not been confirmed at the time of this writing.

Please note that this is not medical or legal advice. All information below is subject to change and may contain inaccuracies. You are responsible for confirming the most up-to-date version of your state’s laws.

You can also register at my HairTell forum to talk to other practitioners and consumers.

Alabama

Alabama Board of Medical Examiners: Use of lasers and other modalities affecting living tissue

http://www.albme.org/laser.html

Q: To whom may a physician delegate laser/other devices procedures?
A: A Level 1 Delegate or a Level 2 Delegate.

Q: What training is required for physicians and Level 1 Delegates?
A: Sixteen hours of basic training, maintenance of competence (section .07).

Q: What training is required for Level 2 Delegates?
A: Academic training, sixteen hours of documented initial training, completion of at least ten procedures of preceptee training (section .08)

Chapter 540-X-11. Guidelines for the Use of Lasers and Other Modalities Affecting Living Tissue

http://www.albme.org/Documents/Rules/540-X-11.pdf

Designates Mid-Level Practitioners, Level 1 Delegates, and Level 2 Delegates; categorizes treatments as ablative or nonablative; defines energy source, direct physician supervision, and on-site supervision.

540-X-11-.03 Use of Lasers and Other Modalities Affecting Living Tissue in the Practice of Medicine.

http://www.albme.org/Documents/Rules/540-X-11.pdf

(1) The use of lasers/pulsed light devices, or other energy source, chemical, or modality that affects living tissue, for the purpose of treating a physical disease, disorder, deformity or injury shall constitute the practice of medicine pursuant to Ala. Code §34-24-50.

(2) The use of lasers/pulsed light devices for non-ablative procedures cannot be delegated to Level 2 Delegates without the delegating/supervising physician being on-site and immediately available.

(3) The use of lasers/pulsed light devices or other energy devices for ablative procedures may only be performed by a physician.

(4) Electrocautery may be used by a Level 1 or Level 2 delegate under direct physician supervision.

Establishes guidelines on minimum education requirements for physicians and delegates, quality assurance, equipment safety, mandatory injury reporting, physician registration, and safe use of lasers

540-X-11-.05 Supervision.

http://www.albme.org/Documents/Rules/540-X-11.pdf

Supervision by the delegating physician shall be considered adequate for purposes of this section if the physician is in compliance with this section and the physician:

(1) Ensures that patients are adequately informed and, prior to treatment, have signed consent forms that outline reasonably foreseeable side effects and complications which may result from the non-ablative treatment;

(2) Is responsible for the formulation or approval of a written protocol which meets the requirements of these rules and is responsible for any patient-specific deviation from the protocol;

(3) Reviews and signs, at least annually, the written protocol and any patient specific deviations from the protocol regarding care provided to a patient under the protocol on a schedule defined in the written protocol;

(4) Receives, on a schedule defined in the written protocol, a periodic status report on the patient, including any problems or complications encountered;

(5) Remains on-site for non-ablative treatments performed by delegates consistent with these rules and is immediately available for consultation, assistance and direction;

(6) Personally attends to, evaluates, and treats complications that arise; and

(7) Evaluates the technical skills of the delegate performing nonablative treatment by documenting and reviewing at least quarterly the delegate’s ability to perform the following:

(a) To properly operate the devices and provide safe and effective care; and

(b) To respond appropriately to complications and untoward effects of the procedures.

Alaska

Alaska State Medical Board GuidelinesLaser Surgery

https://www.commerce.alaska.gov/web/portals/5/pub/med_guide_lasers_laser_surgery.pdf

The Alaska State Medical Board has adopted the policies of the American Medical Association, following, to be its guidelines to its licensees in Alaska with regard to who may perform laser surgery. Performance of Laser Surgery American Medical Association’s Policy H-475.989, Laser Surgery, reads: “Laser surgery should be performed only by practitioners licensed to practice medicine and surgery or by those categories of practitioners currently licensed by the state to perform surgical activities.” American Medical Association’s Policy H-475.988, Laser Surgery, reads: “The board opines that revision, destruction, incision or other structural alteration of human tissue using laser is surgery.” Adopted January 16, 2004

Guideline for Physicians in Delegating Procedures To Non-Physician Personnel When Performing Certain Dermatological Procedures.

https://www.commerce.alaska.gov/web/portals/5/pub/med_guide_dermatology_assistants.pdf

“Under the appropriate circumstances, a physician may delegate certain procedures to certified, licensed, non-physician office personnel e.g., nurse, physician assistants, or certified medical assistants). Specifically, the physician must directly supervise the non- physician office personnel to protect the best interest and welfare of each patient. The supervising physician shall be physically present on-site, immediately available, and able to respond promptly to any question or problem that may occur while the procedure is being performed. It is the physician’s obligation to insure that, with respect to each procedure performed, the non-physician office personnel possess the proper training in cutaneous medicine, the indications for the procedure, and the pre- and post-operative care involved.” Adopted January 16, 2004

Alaska Department of Commerce, Community, and Economic Development
Board of Barbers and Hairdressers Memorandum

https://www.commerce.alaska.gov/web/portals/5/pub/BAH_Electrolysis_and_Laser_Hair_Removal_Memo.pdf

Arizona

Arizona Administrative Code Title 12, Chapter 1, Radiation Regulatory Agency: R12-1-1440. Medical Lasers

https://azdhs.gov/documents/licensing/radiation-regulatory/laser-tech/cosmetic-laser-tech-rules.pdf

Class 3 and Class 4 laser products used in the practice of medicine must have a means for measuring the level of laser radiation within specified range of error and a guard mechanism on the switch to control patient exposure and prevent inadvertent exposure.

Must calibrate a laser according to the manufacturer’s specified calibration procedure, at intervals that do not exceed those specified by the manufacturer.

In a medical facility where several medical disciplines or a number of different practitioners use Class 3b and Class 4 lasers, a Laser Safety Committee must be formed to govern laser activity, establish use criteria, and approve operating procedures.

For Class 3b and Class 4 lasers, a Physician must also establish a written laser safety training program.

R12-1-1438. Hair Removal and Other Cosmetic Procedures Using Laser and Intense Pulsed Light

Requires “registration of any medical laser or IPL device that is a Class II surgical device, certified as complying with the labeling standards in 21 CFR 801.109”

Registrant must “ensure that the device is only used by a licensed practitioner or an operator who is working under the direct supervision of a licensed practitioner, or at minimum, an operator who is working under the indirect supervision of a licensed practitioner.”

“Ensure that a licensed practitioner purchases or orders the Class II surgical device that will be used for hair removal procedures.”

A.R.S. R4-16-301 through 303 provides for a Supervising physician to delegate specific Medical procedures to a medical assistant Consistent with the CAAHEP Standards for An Accredited Educational Program for the Medical Assistant.

R12-1-1438. Hair Removal and Other Cosmetic Procedures Using Laser and Intense Pulsed Light

A registrant must “[n]ot permit an individual to use a medical laser or IPL device for hair removal procedures unless the individual completes an approved operator didactic training program of at least 40 hours duration; is directly supervised for at least 24 hours on the job by a licensed practitioner; and performs or assists in at least 10 hair removal procedures. The individual shall obtain this hands-on experience under the direct supervision of a licensed practitioner

A registrant must ensure that the operator follows written procedure protocols established by a licensed practitioner; ensure that the operator follows any written order issued by a licensed practitioner, which describes the specific site of hair removal; maintain a record of each hair removal procedure protocol , maintain each procedure protocol onsite, and ensure that the protocol contains instructions for the patient concerning follow-up monitoring; design each protocol to promote the exercise of professional judgement by the operator “commensurate with the individual’s education, experience, and training.”; require that a licensed practitioner observe the performance of each operator during actual procedures at intervals that do not exceed six months, maintain a record of the observation, verify that a licensed practitioner is qualified to perform hair removal procedures, and provide radiation safety training.

Arkansas

Regulation NoLaser Surgery Guidelines

http://www.healthy.arkansas.gov/programsServices/hsLicensingRegulation/Cosmetology/Documents/minutes/2010/November22ndBoardMinutes.pdf

Pursuant to Ark. Code Ann. 17-95-202, the practice of medicine involves the use of surgery for the diagnosing and treatment of human disease, ailment, injury, deformity, or other physical conditions. Surgery is further defined by this Board as any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical means, to include the use of lasers. The Board further finds that the use of medical lasers on human beings, for therapeutic or cosmetic lasers, constitutes the practice of medicine. Adopted 6/5/1998; Amended 6/2/2005

Arkansas statutes 17-105 to 111 govern the delegation of health care services to a physician assistant.

http://www.armedicalboard.org/Professionals/pdf/MPA.pdf

Physician assistants may perform those duties and responsibilities, including the prescribing, ordering, and administering drugs and medical devices that are delegated by their supervising physician. Supervision shall be continuous, but does not require the physical presence of the supervising physician at the time and place that the services are rendered.

California

Frequently Asked Questions – Cosmetic Treatments

http://www.mbc.ca.gov/Licensees/Cosmetic_Treatments_FAQ.aspx

Who may use lasers or intense pulse light devices to remove hair, spider veins and tattoos?

Physicians may use lasers or intense pulse light devices. In addition, physician assistants and registered nurses (not licensed vocational nurses) may perform these treatments under a physician’s supervision. Unlicensed medical assistants, licensed vocational nurses, cosmetologists, electrologists, or estheticians may not legally perform these treatments under any circumstance, nor may registered nurses or physician assistants perform them independently, without supervision.

Frequently Asked Questions – Medical Assistants

http://www.mbc.ca.gov/Licensees/Physicians_and_Surgeons/Medical_Assistants/Medical_Assistants_FAQ.aspx

Are medical assistants allowed to use lasers to remove hair, wrinkles, scars, moles or other blemishes?

No. Medical assistants are not legally authorized to use lasers to remove hair, wrinkles, scars, moles, or other blemishes.

Colorado

Rule 800, Colorado Board of Medical Examiners. Rules Regarding the Delegation and Supervision of Medical Services to Unlicensed Health Care Providers Pursuant to Section 12-36-106(3)(L), C.R.S.

https://www.sos.state.co.us/CCR/Upload/AGORequest/AdoptedRules02008-00340.DOC

Supervision – of a physician who does not have to be on site. The physician must live within the community which he is supervising. A non-medical professional or entrepreneur may own the clinic. Colorado follows the 2017 revised 2017 Rule 800 which governs the delegation responsibilities of a physician. Colorado residents must have a Aesthetician or Cosmetologist license, or be a licensed medical professional to attend laser training.

It is Board policy that the use of lasers for patient care constitutes the practice of medicine. The Board adopted a policy statement in November 1997 that lasers must be used by a Colorado licensed physician or under the direct and on-site supervision of a Colorado licensed physician. The Board expressed its intent that this be an employer/employee relationship such that the physician has direct control of the unlicensed person. Medical Devices and Esthetic Practices http://www.dora.state.co.us/barbers_cosmetologists/news/MedicalDevices.pdf

Ultrasound and Laser. In order for either the cosmetologist or cosmetician to work deeper than the dead skin cell layer (stratum corneum) of the skin, they must be under the supervision of a physician. Ultra sound, laser and the different pulse light therapies may not be performed without the supervision of a physician. Neither license allows any type of cutting or use of electricity or any other means to remove warts, tags, etc. No one in the cosmetology field may practice on any person having an ailment or condition that would create any cuts, sores or rashes that result in openings in the skin.

Colorado Office of Barber and Cosmetology Licensure: Laws, Rules and Policies

https://www.colorado.gov/pacific/dora/Barber_Cosmetology_Laws

Colorado Medical Board: Laws, Rules and Policies

https://www.colorado.gov/pacific/dora/Medical_Laws

Connecticut

State of Connecticut Medical Examining Board Declaratory Ruling

http://www.portal.ct.gov/-/media/Departments-and-Agencies/DPH/dph/phho/Medical_Board/Declaratory_Rulings/DeclaratoryRulingLaserHairRemovalpdf.pdf

Section 20-9 provides the framework for determining whether a particular activity is within the scope of practice of medicine. The Board finds that the use of lasers for hair removal is within the scope of medical practice. The Board finds that a licensed physician with appropriate knowledge, experience, and training should assess each patient prior to and during the course of hair removal treatment with laser therapy. The Board finds that such physician may delegate the operation of the laser for hair removal to those persons listed in §20-9(b)(14) who may render service under the supervision, control, and responsibility of a licensed physician, provided the assessment of each patient is performed by the physician. The physician shall provide direct on-site supervision in the course of hair removal treatment with laser therapy.

Connecticut State Board of Chiropractic Examiners Declaratory Ruling

http://www.portal.ct.gov/-/media/Departments-and-Agencies/DPH/dph/phho/Chiropractors/Declaratory_Rulings/ChiropracticDeclaratoryRulingLaserHairRemovalAugust232007pdf.pdf

The Board has determined that the use of lasers for hair removal is not within the scope of practice for chiropractors in Connecticut.

Delaware

16 DE Admin. Code 445: Regulations Governing Cosmetology and Barbering

http://regulations.delaware.gov/register/may2015/final/18%20DE%20Reg%20865%2005-01-15.htm

http://regulations.delaware.gov/register/may2015/final/18%20DE%20Reg%20865%2005-01-15.pdf

16.0 Health and Sanitation; Electric Nail Files and Laser Technology

16.4 The use of laser technology for hair removal is not work generally or usually performed by cosmetologists and is prohibited.

16.5 Violation of any of the regulations, standards or prohibitions established under this Rule shall constitute a grounds for discipline under 24 Del.C. §5113 (24 Del.C. §§5100, 5101(4), 5112 and 5113)

In 1700 Board of Medical Practice, Section 2l.1.1 states that a physician who delegates medical responsibility to a non-physician is responsible for that person’s activities and must provide adequate supervision. No function may be delegated to a non-physician who is prohibited by statute or regulation from performing that function. Direct and indirect supervision are defined. Physicians who choose to have their patients followed by a non-physician must personally evaluate any patient at least every three months.

District of Columbia

Policy No. 15-02 (2014) District of Columbia Board of Medicine Policy on the Practice of Aesthetic Medicine

https://doh.dc.gov/sites/default/files/dc/sites/doh/page_content/attachments/BOARD%20OF%20MEDICINE%20POLICY%20NO%20%2015-02%20-%20POLICY%20ON%20PRACTICE%20OF%20AESTHETIC%20MEDICINE%20-%20NOVEMBER%2013%202014.pdf

1.2. Aesthetic medical procedures shall be classified as Level II and Level III procedures, as determined by the Board from time to time, including those medical procedures listed in §§ 1.3 and 1.4.

1.3 Level II procedures include, but are not limited to, procedures meeting the definition of Level II procedures, as defined in § 1.19, involving:

(a) Laser-based devices, such as:
(1) Non-ablative, non-vaporizing lasers for hair removal, only; or
(2) Non-ablative, non-vaporizing lasers for the treatment of skin;

(b) Light-based devices, such as:
(1) Light-emitting diodes;
(2) Intense pulsed light therapy for hair removal; and
(3) Intense pulsed light therapy for the treatment of skin;

Florida

Florida Board of Medicine Help Center: Who can perform laser hair removal in the state of Florida?

http://flboardofmedicine.gov/help-center/who-can-perform-laser-hair-removal-in-the-state-of-florida/

Currently, the only regulation that directly addresses laser hair removal is Rule 64B8-56.002, F.A.C., which states that electrologists can perform laser hair removal only under the direct supervision of a licensed physician who has been properly trained in hair removal. If this rule does not apply to you, but you are interested in performing laser hair removal, it is recommended that you contact an attorney for legal guidance.

64B8-56.002 Equipment and Devices; Protocols for Laser and Light-Based Devices.

https://www.flrules.org/gateway/readFile.asp?sid=0&tid=15192836&type=1&file=64B8-56.002.doc

(1) The Board of Medicine approves the following equipment and devices for the permanent removal of hair by licensed electrologists if they are used pursuant to requirements established by the Board.

(a) Needle type epilators.
(b) Laser and light-based hair removal or reduction devices cleared by the United States Food and Drug Administration (FDA) for hair removal or reduction.

(2) An electrologist may not use laser or light-based devices for hair removal or reduction unless they:

(a) Have completed training in laser and light-based hair removal and reduction that meets the requirements set forth in subsections 64B8-52.004(2) and (3), F.A.C.;
(b) Have passed the Society for Clinical and Medical Hair Removal test for certification as a Certified Medical Electrologist;
(c) Are using only the laser and light-based hair removal or reduction devices upon which they have been trained; and
(d) Are operating under the direct supervision and responsibility of a physician properly trained in hair removal and licensed pursuant to the provisions of Chapter 458 or 459, F.S.

(3)(a) The supervising physician, initially upon assuming duties as the supervisor and semiannually thereafter, shall review and inspect the techniques, procedures, and equipment utilized by the electrologist in the performance of laser and light-based hair removal or reduction.
(b) The supervising physician shall ensure that the electrologist has received semi-annual training in the areas of infection control, sterilization, and emergency procedures.

(4)(a) The supervising physician and the electrologist shall develop jointly written protocols regarding the medical condition for individuals to receive laser and light-based hair removal or reduction treatment; specific conditions and the procedure for identifying conditions that require direct evaluation or specific consultation by the physician; treatment of routine minor problems resulting during or from laser and light-based hair removal or reduction; and detailed procedures to be followed in the event of emergency situations developing during the performance of or as a result of laser and light-based hair removal or reduction. These written protocols must be signed, dated, and maintained in a readily available location on the premises where the electrologist practices. One copy shall be maintained by the supervising physician and one copy must be filed with the Department of Health. The written protocols which are kept on the premises of the electrologist will be readily available for inspection and review by agents of the Department of Health. The parties to a protocol must notify the Department within 30 days of the termination of their professional relationship.
(b) The written protocol shall include and require that the initial consultation with each patient must include an examination and assessment by a physician licensed pursuant to Chapter 458 or 459, F.S.

(5) Pursuant to Section 456.072(1)(i), F.S., any physician who knows that any electrologist is engaged in unsafe practice must report that electrologist to the Department of Health immediately.

(6) Any physician who provides supervision to an electrologist must keep the Board informed of the number of electrologists the physician is supervising. No physician is authorized to supervise more than four (4) electrologists at any one time.

Rulemaking Authority 458.331(1)(v), 478.43(1), (4) FS. Law Implemented 458.331(1)(v), 458.348(3), 478.42(5), 478.43(1), (3), (4) FS. History–New 9-12-01, Amended 2-28-02, 7-23-06, 3-12-08, 11-4-14, 2-15-17.

See also:

Florida Department of Health: Laser Information

http://www.floridahealth.gov/%5C/licensing-and-regulation/electrolysis/laser/index.html

Rule 64B8-52.004, Florida Administrative Code, Requirements for Approval of Continuing Education Courses for Laser and Light-Based Hair Removal or Reduction

https://www.flrules.org/Gateway/View_notice.asp?id=18552334

Rule 64B8-51.006, Florida Administrative Code, Rule Governing Licensure and Inspection of Electrology Facilities (see (3)(g))

https://www.flrules.org/gateway/RuleNo.asp?ID=64B8-51.006

Rule 64B8-56.002, Florida Administrative Code, Equipment and Devices; Protocols for Laser and Light-Based Devices

https://www.flrules.org/gateway/RuleNo.asp?ID=64B8-56.002

Section 458.348(3) , Florida Statutes, (Board of Medicine) Formal supervisory relationships, standing orders, and established protocols; notice; standards.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0458/Sections/0458.348.html

Georgia

Georgia Composite Medical BoardLaser Licensure

http://medicalboard.georgia.gov/sites/medicalboard.georgia.gov/files/LaserFAQv2.pdf

1. I am physician with an active Georgia license. Do I need a laser license?

No

Georgia Composite Medical Board: Cosmetic Laser Practitioner Frequently Asked Questions

https://medicalboard.georgia.gov/sites/medicalboard.georgia.gov/files/related_files/site_page/CLP_FAQv102015.pdf

2. Who requires a laser license?

Anyone who is not a physician with an active Georgia license that provides non-ablative cosmetic laser services. If you are a PA with Board approved additional duties or an APRN with a protocol agreement that includes performing cosmetic laser services AND you ARE NOT supervising an individual that requires an Assistant Laser Practitioner license, you do not need a separate laser license. If you ARE SUPERVISING an individual that requires an Assistant Laser Practitioner license, you need a Senior Laser Practitioner license.

Hawaii

Hawaii Medical Board ProfessionalVocational Licensing Division

https://cca.hawaii.gov/pvl/files/2013/06/Medical_170112.pdf

Unlicensed individuals shall not use lasers or IPL treatments to cut, shape, burn, vaporize, or otherwise structurally alter human tissue, whether delegated or not.

Licensed nurses may use lasers and other similar devices to cut, shape, burn, or otherwise structurally alter human tissue provided their practice act (HRS Chapter 457) allows them to perform such tasks, and such tasks are delegated and under the direction of a physician. Further, the supervision and delegation of such tasks and/or treatments by the physician must ensure the safety of the patient and must also adhere to the generally accepted principles of professionalism as set forth in the AMA’s Code of Medical Ethics and the AOA’s Code of Ethics.

See also:

Click to access Medical_081414.pdf.pdf

Idaho

Guidelines for Hair Removal Using Intense Pulsed Light and/or Laser Devices Supervised by Medical Personnel

https://bom.idaho.gov/BOMPortal/LINKS/about/Laer%20Hair%20Removal.pdf

1. The use of an intense pulsed light and/or laser prescriptive device to cosmetically alter human tissue must be on the prescription of an Idaho doctor.

2. The actual treatment for hair removal using an intense pulsed light and/or laser prescriptive device may be delegated by an Idaho physician registered as a supervising physician with the Idaho State Board of Medicine to properly trained medical personnel in accordance with IDAPA 22.01.04.

See also:

http://legislature.idaho.gov/sessioninfo/2007/standingcommittees/shelmin.pdf#xml=http://legislature.search.idaho.gov/isysquery/bc265755-7944-443c-a245-5c384e2dd148/2/hilite/

Click to access 0104.pdf

Click to access Supervising%20Physician%20Registration%20Forms%20%28Cosmetic%20and%20Laser%20Medical%20Personnel%29.pdf

Illinois

Illinois Administrative Code TitleSubchapter b

ftp://www.ilga.gov/jcar/admincode/068/068012850C03360R.html

b) Use of Light Emitting Devices

1) The use of a light emitting device, including, but not limited to, Class 3b and Class 4 lasers required to be registered with the Illinois Emergency Management Agency, Division of Nuclear Safety, under 32 Ill. Adm. Code 315, intense pulsed-light, radiofrequency and medical microwave devices used for the treatment of dermatologic conditions or cosmetic procedures that disrupt the epidermal surface of the skin, whether ablative or non-ablative, is considered to be the practice of medicine, which shall only be performed by a physician licensed to practice medicine.

2) An ablative or non-ablative procedure that can potentially disrupt the eye (cornea to retina) may only be performed by a physician licensed to practice medicine in all of its branches and may not be delegated pursuant to this Section.

3) The physician must examine the patient and determine a course of treatment appropriate to the patient prior to any ablative or non-ablative procedure being performed. If the established course of treatment requires multiple procedures, a subsequent examination shall not be required prior to the performance of each individual procedure.

A) A physician licensed to practice medicine in all of its branches may delegate the performance of ablative procedures to a licensed practical nurse, a registered professional nurse or other persons, with on-site supervision by the physician.

B) A physician licensed to practice medicine in all of its branches may delegate the performance of non-ablative procedures to a licensed practical nurse, a registered professional nurse or other persons, with on-site supervision by the physician or the physician must be available by telephone or other electronic means to respond promptly to any question or complication that may occur.

4) A licensed practical nurse, registered professional nurse or other person delegated the authority to perform any ablative or non-ablative procedures must have received appropriate, documented training and education in the safe and effective use of each system utilized.

See also:

Click to access 32_315.pdf

Indiana

Indiana Professional Licensing Agency Practice Related FAQ

http://www.in.gov/pla/2879.htm

I want to open a salon and do laser hair removal, what do I need to get to do this?

The use of a laser is included in the definition of the practice of medicine, which is below. Therefore, only a licensed physician may perform or designate to “an agent” any procedure with a laser, unless provided for in the exclusions section of the statute.
IC25-22-5-1-1.1 Definitions Sec. 1.1 as used in this article:
(a) “practice of medicine or osteopathic medicine” means any one (1) or a combination of the following:
(1) Holding oneself out to the public as being engaged in:
(C) the performing of any kind of surgical operation upon a human being, including tattooing, except for tattooing (as defined in IC 35-42-2-7), in which human tissue is cut, burned or vaporized by the use of any mechanical means, laser, or ionizing radiation, or the penetration of the skin or body orifice by any means, for the intended palliation, relief or cure;”

See also:

http://www.in.gov/pla/files/Microsoft_Word_- _Medical_Licensing_Board.2010.pdf

Click to access Microsoft_Word_-_Medical_Licensing_Board.2012.pdf

Click to access TITLE25_AR22.5_ch1.pdf

Iowa

Iowa Board of Medicine Report from the Ad Hoc Committee on the Use of Lasers, Intense Pulsed Light Devices, and Radio-Frequency Devices

https://medicalboard.iowa.gov/policies/lasers.html

The Board established an Ad Hoc Committee on the Use of Lasers, Intense Pulsed Light Devices, and Radio-Frequency Devices. The Committee issued a report that was accepted in April 2006. Summary: The Committee concluded that the regulation of lasers and associated devices is a very complex issue, involving a broad range of changing technologies and significant scope of practice implications. However, unregulated widespread use of these devices is an increasing public safety concern. Concerns regarding safety risks for these devices vary significantly. In addition to safety risks, there are concerns regarding the efficacy of the services offered, including fraudulent practices. Choosing a qualified healthcare provider to provide medical treatment with lasers or associated devices is an important decision. The public should consider all of the issues discussed above before choosing a provider. Report from the Ad Hoc Committee on the Use of Lasers, Intense Pulsed Light Devices, and Radio-Frequency Devices http://medicalboard.iowa.gov/policies/lasers.html

Kansas

Kansas OfficeRevisor

https://www.ksrevisor.org/statutes/chapters/ch65/065_028_0072.html

http://www.ksbha.org/regulations/article27.shtml

In April 2001 and amended in March 2002, the Board adopted regulations relating to supervision of light-based medical treatments. The regulations require physicians to have written practice protocol agreements with those who use a light-based medical device to provide a professional service under their supervision. Treatments are required to be performed at a location where the supervising physician maintains a practice or while the physician is physically immediately available. Treatments performed while the physician is not physically present are required to be performed within written operating parameters. Person receiving treatment are required to give consent. This rule does not apply to phototherapy in treatment of hyperbilirubinemia or to a chiropractor engaging in lightbased physiotherapy.

Kansas Board of Healing Arts

KSA Article 27, 100-27-1. Article 27.–Light-Based Medical Treatment http://www.ksbha.org/regulations/article27a.htm

KSA 65-2872(g) establishes that persons performing medical services under the supervision of a physician are not unlawfully practicing medicine. KSA 65-28, 127 places specific duties on physicians who delegate, etc., acts that constitute the practice of medicine under the MPA.

Click to access ksbha_guidance_documents%2005_15.pdf

Kentucky

Board Opinion RelatingLaser Surgery

https://kbml.ky.gov/board/Documents/Board%20Opinion%20Laser%20Surgery.pdf

Only a physician may use a laser for hair removal.

Advanced Practice Registered Nursing
201 KAR 20:057. Scope and standards of practice of advanced practice registered nurses.

http://migration.kentucky.gov/NR/rdonlyres/BEC93DC2-7B50-40C0-A311-7127741B618D/0/057.pdf

Section 3. In the performance of advanced practice registered nursing, the advanced practice registered nurse shall seek consultation or referral in those situations outside the advanced practice registered nurse’s scope of practice.

Kentucky Board of Nursing
ARNP Scope of Practice: Laser Technology

http://kbn.ky.gov/practice/lasertech.htm (2009)
http://kbn.ky.gov/practice/lasersupervision.htm (2009)

A request was received for an opinion on whether it is within the scope of ARNP practice to: “…evaluate, diagnose, and treat patients with therapeutic interventions that include removal of hair and facial and leg veins using laser technology, performance of skin enhancement procedures, and prescribing of noncontrolled substances…without the supervision or authorization of a physician.” Following discussion of the questions posed, statutes governing nursing practice, administrative regulation 201 KAR 20:057 governing ARNP practice, and the KBN Scope of Practice Determination Guidelines, it was the advisory opinion of the Board that the acts stated above are within the scope of ARNP practice. The ARNP who performs these acts must posses the educational preparation and current clinical competency to perform the acts in a safe manner, and be in compliance with 201 KAR 20:057, Section 3, that states, in part: “In the performance of ARNP practice, the ARNP shall…seek consultation or referral in those situations outside the ARNP’s scope of practice.”

Degree of Supervision Needed by Nurses Who Perform Laser Surgery Treatments

A request was received for an opinion on the level of physician supervision needed when RNs and LPNs provide laser treatments. The Board discussed the questions posed and referred individuals to: • The Kentucky Board of Medical Licensure for its position statement on the role of the physician in supervision of laser-related activities. • The Dermatology Nurses’ Association position paper entitled The Nurse’s Role in Laser Procedures which advises that “…nurses will deliver laser light under the direct supervision of the physician who is on-site, utilizing established protocols that have been determined by the physician at the time of his/her consultation with the patient, or at each pre-treatment session when applicable.” • The American Society for Laser Medicine and Surgery Policy for Use of Laser and Related Technology by the NonPhysician which states that “…a properly trained and licensed medical professional may carry out these specifically designed procedures only under direct, onsite physician supervision.”

Louisiana

Click to access UseofMedicalLasersChemicalSkinTreatment.pdf

Statute states that the use of lasers or chemical treatments for therapeutic or cosmetic purposes constitutes the practice of medicine. Only persons licensed under the laws of the state to practice medicine, veterinary medicine, dentistry, or podiatry shall perform laser surgery. In November 2001, the Board issued a position statement on the use of medical lasers for chemical skin treatments stating that such treatments are the practice of medicine and may be performed only by a licensed physician or by a non-physician who acts under the direct supervision of a physician licensed in LA. Non-physicians who perform laser or chemical treatments in violation of the law, will be considered to be engaged in the unauthorized practice of medicine.

STATEMENT OF POSITION
LA. REV. STAT. §37:1261-92 http://www.lsbme.louisiana.gov/Statements%20of%20Position/UseofMedicalLasersChemicalSkinTreatment.pdf

http://legis.la.gov/legis/Law.aspx?d=93139

Maine

Only a physician may use a laser for hair removal. Professional and Financial Regulation also works in conjunction with the Board of Licensure in Medicine with regard to laser skin treatment devices used by aestheticians and cosmetologists

http://legislature.maine.gov/statutes/32/title32sec3270-A.html

The MPA, Chapter 48, Section 3270-A states that nothing in this chapter shall be construed as prohibiting a physician or surgeon from delegating to his employees certain activities relating to medical care and treatment now being carried out by custom and usage when such activities are under the direct control of and in the personal presence of a physician or surgeon. The physician delegating such activities… shall be deemed legally liable for such activities of such persons, and such persons shall be in this relationship be construed as the physician’s agent.

Maryland

Department of Health and Mental Hygiene Board of Physician Quality Insurance Declaratory Ruling 00-1 (issued 30 October 2002) RE: The use of lasers for hair removal

https://www.mbp.state.md.us/forms/dr_laser.pdf

In October 2002, the Board issued a Declaratory Ruling (00-1) stating that the use of lasers for hair removal is a surgical act. Only physicians, certified nurse practitioners, registered nurses under Board of Nursing Declaratory Ruling (9701), and physician assistants may use lasers for hair removal. “Cosmetic medical procedures” is Chapter 10.32.09, Code of Maryland Regulations.

http://www.mbp.state.md.us/pages/regulations.html

01 Scope.

A. This chapter governs the performance, delegation, assignment, and supervision of cosmetic medical procedures, and the use of cosmetic medical devices by a physician or under a physician’s direction.

B. This chapter does not govern use of medical procedures or medical devices for the purpose of treating a disease.

C. This chapter does not endorse or certify the safety of any cosmetic medical device or cosmetic medical procedure.

D. This chapter does not authorize the delegation of any duties to any person who is not licensed under Health Occupations

03 Physician Qualifications.

A. License. A physician shall obtain a license to practice medicine in Maryland before the physician may perform, delegate, assign, or supervise cosmetic medical procedures or the use of cosmetic medical devices.

B. Education.

(1) A physician who performs, assigns, supervises, or delegates the performance of cosmetic medical procedures by a nonphysician first shall obtain training in the indications for and performance of the cosmetic medical procedures and operation of any cosmetic medical device to be used.

(2) Training programs provided by a manufacturer or vendor of cosmetic medical devices or supplies may not be a physician’s only education in the cosmetic medical procedures or the operation of the cosmetic medical devices to be used.

(3) ACCME or AOA approved continuing education, or completion of an ACGME or AOA accredited postgraduate program that includes training in the cosmetic medical procedure performed satisfies this requirement. Title 14 of the Maryland Code, 14-306, authorizes the BPQA to adopt rules and regulations relating to duties delegated by a licensed physician. “Cosmetic medical procedures” is Chapter 10.32.09, Code of Maryland Regulations.

10.32.09.05 .05 Physician Responsibilities.

A. A physician shall:

(1) Develop and maintain at each site where the delegated, assigned, or supervised cosmetic medical procedures will be rendered written office protocols for each such cosmetic medical procedure;

(2) Personally perform the initial assessment of each patient;

(3) Prepare a written treatment plan for each patient, including diagnosis and planned course of treatment and specification of the device and device settings to be used;

(4) Obtain informed consent of the patient to be treated by a non-physician;

(5) Except as indicated in §B or C of this regulation, provide onsite supervision whenever a non-physician is performing cosmetic medical procedures or using cosmetic medical devices;

(6) Retain responsibility for any acts delegated to a nonphysician; and

(7) Create and maintain medical records in a manner consistent with accepted medical practice and in compliance with Health

General Article, Title 4, Subtitles 3 and 4, Annotated Code of Maryland, and with Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. §1320d-2, as amended, and 45 CFR Parts 160 and 164, as amended).

B. The Board may approve a delegation agreement for a physician assistant that permits the physician to delegate performance of cosmetic medical procedures under immediately available supervision after the physician has evaluated the patient and developed a written treatment plan.

C. A delegation agreement for a physician assistant that includes cosmetic medical procedures and is approved by the Board before May 2009, is not affected by this chapter.

10.32.09.07 .07 Training of Non-Physicians.

A. The physician is responsible for assuring that any individual to whom the physician delegates or assigns the performance of a cosmetic medical procedure or the operation of a cosmetic medical device is properly trained. Training shall include both theoretical instruction and clinical instruction.

B. Theoretical instruction shall include:

(1) Cosmetic-dermatological indications and contraindications for treatment;
(2) Identification of realistic and expected outcomes of each procedure;
(3) Selection, maintenance, and utilization of equipment;
(4) Appropriate technique for each procedure, including infection control and safety precautions;
(5) Pharmacological intervention specific to the procedure;
(6) Identification of complications and adverse reactions for each procedure;
(7) Emergency procedures to be used in the event of:

(a) Complications;
(b) Adverse reactions;
(c) Equipment malfunction; or
(d) Any other interruption of a procedure; and

(8) Appropriate documentation of the procedure in the patient’s chart.

C. Clinical instruction shall include:

(1) Observation of performance of the procedure or use of the device by an individual experienced in performing the procedure; and

(2) Performing the procedure or using the device under the direct supervision of the delegating physician who is present and observing the procedure a sufficient number of times to assure that the non-physician is competent to perform the procedure without direct supervision.

Massachusetts

Click to access lic-req-for-laser-hair-removal.pdf

MA administrative code allows for use of laser acupuncture by acupuncturists. Non-Ablative and Non-Laser Sources Device Use

http://www.mass.gov/?pageID=eohhs2terminal&L=7&L0=H ome&L1=Provider&L2=Certification%2C+Licensure%2C+an d+Registration&L3=Occupational+and+Professional&L4=Nur sing&L5=Nursing+Practice&L6=Advisory+Rulings+on+Nursi ng+Practice&sid=Eeohhs2&b=terminalcontent&f=dph_quality _boards_nursing_p_laser_hair_remove&csid=Eeohhs2

REPORT OF THE MEDICAL SPA TASK FORCE ESTABLISHED BY CHAPTER 81 OF THE ACTS OF 2006 http://www.mass.gov/Eeohhs2/docs/borim/med_spa_task_force_report.doc

Board of Registration in Medicine

Click to access 243cmr2.pdf

The Code of MA Regulations, 243 CMR 2.00 allows a physician to permit a skilled professional or non-professional assistant to perform services in a manner consistent with accepted medical standards and appropriate to the assistant’s skill.

https://malegislature.gov/Bills/187/S1140/Senate/Bill/Text

2012 MA SB 1140 would allow physicians, physician assistants, nurses, electrologist and advanced aestheticians to remove hair from the human body using laser devices or other light-based devices. 2012 MA SB 1112 would define “surgery” as structurally altering the human body by the incision or destruction of tissues or the diagnostic or therapeutic treatment of conditions or disease processes by instruments causing localized alteration or transposition of live human tissue; including lasers, ultrasound, ionizing radiation, scalpels, probes and needles.

Michigan

Click to access 2004-PA-0144.pdf

• Use of Laser Equipment By Health Professionals
• Position Statement of the Michigan Department of Community Health http://www.michigan.gov/documents/mdch_laserequipment_1 43884_7.pdf
• Michigan Public Health Code, Article 15, part 161, 333.16215: Delegation of acts, tasks, or functions to licensed or unlicensed individuals; supervision; rules; immunity states that licensed physicians may delegate selected functions to licensed or unlicensed individuals when the functions are within the scope of practice for their profession and are performed under the physician’s supervision. Functions that require physician expertise may not be delegated.
• 2012 HB 5594 would provide for the licensure of naturopathic physicians and allow naturopathic physicians to perform surgical procedures using a laser device.
• MI-O Uses same position statement as Michigan Medical Use of Laser Equipment by Health Professionals Dec. 5, 2005 Michigan Department of Community Health position statement. Practice of medicine within corporation and limited liability companies. The use of lasers by health professionals constitutes a medical or dental practice and falls within the definition of the practice of medicine. MDCH Position Statement (12/5/2005) http://www.michigan.gov/documents/mdch_laserequipment_1 43884_7.pdf Since the use of lasers is considered the practice of medicine and the practice of medicine is a learned profession (Attorney General Opinion 6592), corporations and limited liability companies using lasers for medical or dental sevices may only incorporate or organize as professional service corporations (PCs) pursuant to Act 192, PA 1962. or as professional service limited liability companies (PLLCs) pursuant to Act 23, PA 1993Act 368, PA 1978.

Minnesota

https://www.revisor.mn.gov/statutes/?id=147.081

• State statute defines the use of lasers as surgery and, therefore, such use constitutes the practice of medicine. Subd. 3. Practice of medicine defined. https://www.revisor.mn.gov/statutes/?id=147&view=chapt er&year=2010&keyword_type=all&keyword=laser For purposes of this chapter, a person not exempted under section 147.09 is “practicing medicine” or engaged in the “practice of medicine” if the person does any of the following: (4) offers or undertakes to perform any surgical operation including any invasive or noninvasive procedures involving the use of a laser or laser assisted device, upon any person;
• 2012 HF 3026/SF 2617 would provide for the regulation of laser treatment by statute. Bill generally requires that the use of laser, intense pulsed light device or radio frequency device for aesthetic treatments may only be performed by a nurse, an advanced medical practitioner or a health practitioner. Allows a physician to delegate the performance of a laser treatment through the use of a written protocol.

Mississippi

https://www.msbml.ms.gov/msbml/web.nsf/webpageedit/Updates_Filings_1-17POM/$FILE/Part2635_PracticeofMedicine_Form001_Final_Stamped.pdf?OpenElement

In 1999, the Board adopted regulations stating that the use of laser devices for invasive or cosmetic procedures is considered the practice of medicine and is, therefore, limited to physicians and those directly supervised by a physician who is on the premises where the procedure is being performed. XIX Regulation Concerning Use of laser Devices, Section 1 SECTION 1, RULES AND REGULATIONS REV. DATE: MAY 2011 Chapter 16 Laser Devices http://www.msbml.state.ms.us/regulations/may2011/May2011 .pdf 100 The use of laser, pulsed light or similar devices, either for invasive or cosmetic procedures, is considered to be the practice of medicine in the state of Mississippi and therefore such use shall be limited to physicians and those directly supervised by physicians, such that a physician is on the premises and would be directly involved in the treatment if required. These rules and regulations shall not apply to any person licensed to practice dentistry if the laser, pulsed light, or similar device is used exclusively for the practice of dentistry. Adopted March 18, 1999. Amended May 19, 2005. Amended January 18, 2007. Amended March 8, 2007. Amended May 17, 2007. Amended March 27, 2008

Missouri

https://www.courts.mo.gov/file/Opinion_ED89333.rtf

It is the board’s position that the use of Lasers is considered surgery and should only be used by professionals whose statutory scope of practice authorizes them to perform surgery, or by a healthcare professional under the supervision of a physician. Guidelines / Positions Medical Spas, LASERS, BOTOX http://pr.mo.gov/boards/healingarts/Medical-Spas-LasersBotox.pdf

Montana

Board ruleslasers

24.156.501 DEFINITIONS http://www.mtrules.org/gateway/ruleno.asp?RN=24%2E156 %2E501 (11) “Surgery” means any procedure in which human tissue is cut or altered by mechanical or energy forms, including electrical or laser energy or ionizing radiation. 24.121.1509 IMPLEMENTS, INSTRUMENTS, SUPPLIES, AND EQUIPMENT http://www.mtrules.org/gateway/ruleno.asp?RN=24%2E121 %2E1509 (10) The use of laser energy, as prescribed in ARM 24.156.501 as “any procedure in which human tissue is cut or altered by mechanical or energy forms, including electrical or laser energy or ionizing radiation” constitutes the practice of medicine and is prohibited for all individuals licensed under this chapter.

24.156.640 MEDICAL ASSISTANT http://www.mtrules.org/gateway/ruleno.asp?RN=24%2E156%2E640 (7) The following tasks may not be assigned to a medical assistant: (a) any invasive procedures, including injections other than immunizations, in which human tissue is cut or altered by mechanical or energy forms, including electrical or laser energy or ionizing radiation, unless under the onsite supervision of a physician or podiatrist;

Nebraska

Click to access JointBoardDermotologicWorkgroupFinalReport.pdf

The Board of Medicine and Surgery has gone on record to state that use of a laser, for aesthetic procedures, or any other procedures, is the practice of medicine and surgery.

The physician may not delegate the use of a laser to nonphysicians, except that it may be delegated to a physician assistant with supervision and training consistent with the requirements for duties delegated to a physician assistant.

Nevada

Click to access IM-Lasers-060308-10192.pdf

In December 1998, the Board issued an advisory opinion indicating that the use of lasers is included in the definition of the practice of medicine. The opinion states that physicians are allowed to delegate certain responsibilities, including the use of lasers, only to employees qualified to perform procedures by way of special skills, education, or experience. Website only lists laser eye surgery Nevada board spokesman stated 6/20/2011 that Nevada does not currently have any regulations regarding the use of a laser.

New Hampshire

http://www.gencourt.state.nh.us/rsa/html/xxx/329/329-mrg.htm

CHAPTER 329 PHYSICIANS AND SURGEONS Section 329:1 http://www.gencourt.state.nh.us/rsa/html/XXX/329/329- 1.htm 329:1 Practice. – Any person shall be regarded as practicing medicine under the meaning of this chapter who shall diagnose, treat, perform surgery, or prescribe any treatment of medicine for any disease or human ailment. “”Surgery’’ means any procedure, including but not limited to laser, in which human tissue is cut, shaped, burned, vaporized, or otherwise structurally altered, except that this section shall not apply to any person to whom authority is given by any other statute to perform acts which might otherwise be deemed the practice of medicine. “Laser’’ means light amplification by stimulated emission of radiation. Only physicians and physician assistants who are licensed by the Board are allowed to perform laser procedures.

New Jersey

Click to access pamin_041604.pdf

SUBCHAPTER 4A. SURGERY, SPECIAL PROCEDURES, AND ANESTHESIA SERVICES PERFORMED IN AN OFFICE SETTING “Surgery” means a manual or operative procedure, including the use of lasers, performed upon the body for the purpose of preserving health, diagnosing or treating disease, repairing injury, correcting deformity or defects, prolonging life or relieving suffering. Surgery includes, but is not limited to: incision or curettage of tissue or an organ; suture or other repair of tissue or an organ; a closed or open reduction of a fracture or extraction of tissue from the uterus. 13:35-4A.12 Alternative privileging procedure (d) A practitioner who seeks to utilize laser surgery techniques in an office, but does not hold privileges at a licensed hospital to do so, shall submit to the Board an application, which shall include: 1. Certification of successful completion of an accredited laser training program, in which the curriculum includes instruction in laser care, physics and clinical indications for utilization of the specific laser; or 2. Documentation from the program director of an accredited residency training program which the applicant has successfully completed, attesting to the inclusion of training in the specific laser therapy for which privileges are being sought during residency training. 13:35-4A.3 Minor Surgery http://www.njconsumeraffairs.gov/laws/BME_Regs.pdf

Additional examples of minor surgery include closed reduction of a fracture, the incision and drainage of abscesses, certain simple ophthalmologic surgical procedures, such as treatment of chalazions and non-invasive ophthalmologic laser procedures performed with topical anesthesia, limited endoscopies such as flexible sigmoidoscopies, anoscopies, proctoscopies, arthrocenteses, thoracenteses and paracenteses. Minor surgery shall not include any procedure identified as “major surgery” within the meaning of N.J.A.C. 13:35-4.1. “Monitoring” means continuous visual observation 13:35-9,11 Referral; informed consent A certified acupuncturist may perform initial acupuncture treatment only on presentation by the patient of a referral by or diagnosis from a licensed physician. The referring or diagnosing physician shall provide to the treating acupuncturist a diagnosis and pre-evaluation of the patient above, use any of the following methods to effect the stimulation of acupuncture points and channels as part of his or her professional practice: 7. Cold laser used for needle-less acupuncture; SUBCHAPTER 12. ELECTROLOGISTS “Electrology” means the removal of hair permanently through the utilizaiion of solid probe electrode-type epila· tion, including thermolysis, being of a short wave, high frequency type, and including electrolysis, being of a galvanic type, or a combination of both, which is accomplished by a super.imposed or sequential blend. This definition specifically excludes laser and other intense light source hair removal from the definition of electrology.

New Mexico

http://www.nmmb.state.nm.us/policies.html

In 2000, the Board revised rules and regulations on the use of lasers and light activated devices to incorporate board policy. The rule states that non-physician personnel performing hair removal on patients must have appropriate training in laser usage and the supervising physician must be on the immediate premises during the procedure. However, when the procedure is performed by a trained physician assistant, the supervising physician is not required to be physically present in the building where the surgery is being performed.

In April 2002, the Board adopted a rule stating requirements that must be met before unlicensed personnel may perform hair removal using lasers and light activated devices, including that the supervising physician must be on the immediate premises at all times during a procedure 16.10.13.7 DEFINITIONS: C. “Medical therapeutic or cosmetic medical procedure, device, or treatment” means a treatment or procedure that uses any of the following, if the procedure or treatment alters or damages or is capable of altering or damaging living tissue, to improve the patient’s appearance or to achieve an enhanced aesthetic result: (1) injection or insertion of a biologic or synthetic substance for soft tissue augmentation; (2) application of a chemical substance; (3) application of microwave energy; or (4) application of a federal food and drug administration approved prescription device that uses waveform energy of any kind, including, but not limited to lasers or intense pulsed light. D. “Certified” means the medical assistant has been awarded a certificate . http://www.nmmb.state.nm.us/pdffiles/Rules/NMAC16.10.13 _MedAsstCosmetic.pdf 16.10.13.8 USE OF MEDICAL THERAPEUTIC AND COSMETIC DEVICES. Medical therapeutic or cosmetic devices penetrate and alter human tissue and can result in complications such as visual impairment, blindness, inflammation, burns, scarring, hypo-pigmentation and hyperpigmentation. The use of medical therapeutic and cosmetic devices is the practice of medicine as defined in Section 61-6-1 NMSA 1978. A. Limitations. (1) Medical assistants are limited to using medical therapeutic and cosmetic devices that are non-incisive and non-ablative. 16.10.13 NMAC 1 16.10.13 NMAC 2 (2) Medical therapeutic and cosmetic devices may only be used by a medical assistant who is certified pursuant to Subsection D of 16.10.13.7 NMAC and when the supervising physician is immediately available on the premises. B. Responsibility of the supervising physician. A physician who is trained in the safety and use of medical therapeutic or cosmetic devices may supervise medical assistants who perform hair removal and other therapeutic or cosmetic procedures using devices that use waveform energy consistent with the following requirements. (1) The supervising physician must provide the following services before treatment by a medical assistant is initiated: patient history, physical examination, diagnosis, treatment protocol, and preparation of medical record. (2) The supervising physician shall review any adverse outcomes or changes in the treatment protocol. (3) The supervising physician shall assure the patient is informed and aware that the individual performing the procedure is a medical assistant and is under the physician’s supervision. (4) The supervising physician shall provide the patient instructions for emergency and follow-up care. (5) The supervising physician shall prepare a written protocol for the medical assistant to follow when using the medical therapeutic or cosmetic device. The protocol may include pre and post care treatment related to the procedure as long as the treatment is topical and non-injectable. The physician is responsible for ensuring that the medical assistant uses the medical therapeutic or cosmetic device only in accordance with the written protocol and does not exercise independent medical judgment when using the device. (6) The supervising physician shall assure compliance with the training and reporting requirements of this rule. (7) The supervising physician is ultimately responsible for the safety of the patient, regardless of who performs the treatment using the medical therapeutic or cosmetic device or procedure. C. Training requirements. Medical assistants who use medical therapeutic or cosmetic devices must have training and be certified on each device they will use. The training on each device must include the following: (1) physics and safety of the medical therapeutic or cosmetic device; (2) basic principle of the planned procedure; (3) clinical application of the medical therapeutic or cosmetic device, including wavelengths to be used; (4) indications and contraindications for the use of the medical therapeutic or cosmetic device; (5) pre-operative and post-operative care; (6) recognition and acute management of complications that may result from the procedure; and (7) infectious disease control procedures required for each procedure. D. Reporting requirements. The supervising physician shall complete a “certificate of training” form and submit it to the board prior to the use of a medical therapeutic or cosmetic device by the medical assistant. The form will be device-specific and document training for each medical therapeutic or cosmetic device used by the medical assistant. E. Public communication. Any public communication offering the performance or administration of a cosmetic medical procedure or treatment shall identify the physician or surgeon responsible for the provision of, or the direct supervision of the procedure or treatment. [16.10.13.8 NMAC – Rp 16 NMAC 10.13.8, 4/18/02; A, 12/30/05; A, 7/22/08]

The MPA, Section 61-6-16(6)(3) states that the Act does not limit or prevent a physician from delegating any task or function to a qualified person otherwise permitted by state law or established by custom, except the dispensing of dangerous drugs. LASERS & LIGHT ACTIVATED DEVICES FOR HAIR REMOVAL New Mexico allows a non-physician to perform laser or light activated hair removal. However, these services to be performed under the supervision of a licensed physician. The rules require: * the supervising physician must have interviewed the patient and recorded appropriate history and physical information; *the unlicensed person who will be performing the hair removal must have been trained on the procedure; *the supervising physician must be on the immediate premises at all times during the procedure; * the unlicensed person performing the service must be fully insured under the physician’s medical malpractice pol’cy; * the patient must be informed that the person providing the service is not a physician; and * the Board must have a record of non-licensed staff who are performing these services.

New York

New York State DepartmentBeauty Salons

https://www.dos.ny.gov/licensing/pdfs/beauty_salon_guide.pdf

Are certain products or procedures potentially dangerous or prohibited?

Yes. Some products may pose health and safety risks. Others are specifically prohibited by law.

• The permanent dyeing of eyelash or eyebrow hair is prohibited.
• All appearance enhancement licensees are prohibited from providing injections of any substance, such as Botox, Restalyne or other fillers, and from providing laser services for purposes other than the removal of hair. Such services are the practice of medicine and should only be provided by a licensed medical professional.
• Licensees may provide laser hair removal services, however, use caution as these services are not regulated by New York State.

https://www.dos.ny.gov/licensing/news.html

In August 2002, the NY State Board of Medicine passed a resolution recommending that the use of lasers and intense pulsed light for hair removal be considered the practice of medicine and thus be performed by a physician or under direct physician supervision.

Section 6530 of the New York Education Law defines professional misconduct and includes: 24) Practicing beyond the scope of practice permitted by state law and performing professional responsibilities a licensee knows he/she is not competent to perform………….. 25) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified, by training, experience or by licensure to perform.

http://www.acces.nysed.gov/bpss/appearance-enhancement-03

North Carolina

Click to access LaserGuidanceDoc.pdf

http://www.ncmedboard.org/position_statements/detail/laser _surgery/ In July 1999, the North Carolina Board adopted a position statement that laser surgery is the practice of medicine and should be performed only by a physician or by a practitioner working within his/her scope of practice and with appropriate medical training under the supervision of a physician or other practitioner licensed to perform surgical services and preferably on-site. The statement was slightly amended in March 2002. In August 2002, the Board amended its position statement on laser hair removal to state that laser hair removal should be performed only by a physician or by an individual having adequate training and experience under the supervision of a physician who should be on-site or readily available to the person performing the procedure. In July 2005 the Board once again amended its position statement on laser hair removal. It is the Board’s position that each patient should be examined by a physician, physician assistant, or nurse practitioner prior to receiving the first laser hair removal treatment. The examination should include a full medical history and a focused physical examination. The position also defines “readily available” in terms of physician supervision. In Spring 2012, the Board issued a five page policy document to resolve lingering questions regarding laser cosmetic procedures. The document may be accessed at: http://www.ncmedboard.org/images/uploads/other_pdfs/Las erGuidanceDoc.pdf

MPA, Chapter 90, Section 90-18, under practicing without a license, states that physicians are not prohibited from delegating any act or task to a qualified person that is otherwise permitted by law or established by custom. Rule 800 – adopted 11-15-02, establishes 1) that the responsibility for the delivery and outcome of any delegated function lies solely with the delegating physician, 2) adequacy and appropriateness of training for the function should be documented, 3) adequacy and appropriateness of supervision will be judged by the standard of care for a physician directly delivering the same medical service, and 4) delegated services cannot be re-delegated by anyone other than the responsible physician. In addition, prescribing of medication, other than refills, cannot be delegated under CO statute.

North Dakota

http://law.justia.com/codes/north-dakota/2016/title-43/chapter-43-11

Only a physician may use a laser for hair removal.

Ohio

https://clients.ohiosbdc.ohio.gov/DocumentMaster.aspx?doc=2611

In 2000, the Board adopted rules that state that the application of light-based medical devices to the human body is the practice of medicine, osteopathic medicine and podiatric medicine. Licensed physicians and osteopathic physicians may delegate the use of light-based medical devices approved by the FDA for phototherapy in treatment of hyperbilirubinemia in neonates to any appropriate person. Additionally, physicians may delegate the application of light-based medical devices to physician assistants and cosmetic therapists for the purpose of hair removal under certain conditions. Violation of the rules constitutes failure to conform to minimum standards of care. Ohio Adm. Rule 4731-18-01 through 04.

Ohio Adm. Rule 4731-23 regulates the delegation of medical tasks. Medical tasks may be delegated by a physician only under certain circumstances including that the person to whom the task is delegated is competent based on specific factors; the task is within the physician’s expertise; and the supervising physician retains responsibility for the delegated task.

Oklahoma

Click to access laserhair.pdf

http://www.okmedicalboard.org/download/510/Approve d_Med_Spa_Guidelines_11_7_08.pdf Surgery The ablation or alteration of any human tissue by any means including but not limited to the use of sharp surgery, heat, cold, abrasion, laser, chemicals, injection/placement of substances subcutaneous, or the use of FDA approved devices that can only be initially purchased by physicians is the practice of medicine as defined in Title 59 O.S. Section 492. Lasers are instruments of surgery. No matter what type of laser is being utilized, a physician involved in the process should following [sic] these guidelines.

If the physician is utilizing an Oklahoma licensed nurse, [RN, LPN, APN (advance practice nurse) or APN with prescriptive authority] and IF they are functioning within the scope of their practice act, then the physician may delegate any of the defined medical services to that licensed nurse under general supervision, which may not require the physician to be on-site. It is imperative that the physician contact the Oklahoma Board of Nursing (405-962-1800) to find out the nurse’s scope of practice and level of physician supervision required.

Oregon

https://olis.leg.state.or.us/liz/2015R1/Downloads/CommitteeMeetingDocument/46929

In January 2002, the Board adopted a position statement that the medical use of lasers is the practice of medicine. Physicians using lasers should be trained appropriately and any physician who delegates a procedure using lasers or intense pulsed light devices to a non-physician should be qualified to do the procedure themselves. Allied health professionals employed to perform a laser or intense pulsed light procedure must have appropriate training and education and must be under the direct supervision of a licensed physician under written guidelines and/or policies. The ultimate responsibility for performing any procedure lies with the physician. Medical Use of Lasers http://www.oregon.gov/OMB/SOP_Lasers.shtml

Pennsylvania

Click to access 049_0018.pdf

Use of lasers not included in the definition of the practice of medicine and not addressed otherwise in statute or rule.

A medical doctor may delegate to a health care practitioner or technician the performance of a medical service if (1) the delegation is consistent with the standards of acceptable medical practice embraced by the medical doctor community in the Commonwealth; the delegation isn’t prohibited by regulations promulgated by the board; the delegation isn’t prohibited by statutes or regulations relating to other licensed health care practitioners. 63 P.S. § 422.17(a)

Nothing in this act shall be construed to prohibit services and acts rendered by a qualified physician assistant, technician or other allied medical person if such services and acts are rendered under the supervision, direction or control of a licensed physician. 63 P.S. § 271.3(b)

Rhode Island

Click to access BoardOfMedicalLicensureAndDiscipline.pdf

South Carolina

http://www.scstatehouse.gov/code/t40c047.php

12-15-2003 – Policy statement on office based esthetic procedures: http://www.health.ri.gov/publications/policystatements/Board OfMedicalLicensureAndDiscipline.pdf It is the position of the Board that office based cosmetic or esthetic procedures that require the use of medical lasers, high frequency radio waves, or injection of sclerosing chemicals or biologically active compounds [e.g. Botulinum toxin A, Botox] are medical procedures. Therefore, prior to undergoing such procedures patients must receive a medical evaluation for appropriateness by a licensed and qualified physician or other practitioner acting within his/her scope of practice. Although these procedures may be performed by an appropriately trained nonphysician working under the supervision and direction of a physician or other practitioner acting within his/her scope of practice, it is the supervising physician’s [or other practitioner acting within his/her scope of practice] responsibility to assure that procedures are conducted appropriately; with appropriate assessment, consent and followup; and upon appropriate patients; and that all patient records are maintained according to standards applicable for medical records; and that patient privacy is protected. The supervising physician or other practitioner acting within his/her scope of practice is responsible for any procedures carried out by nonphysicians under his/her direction. Physicians [or other practitioner acting within his/her scope of practice] who perform and supervise such procedures must be able to demonstrate appropriate training and experience. Such training and experience may include, but is not limited to, residency or fellowship. The physician or other practitioner acting within his/her scope of practice is responsible to assure and document adequate training for individuals under his/her supervision. Additionally, other cosmetic procedures such as dermabrasion or the application of potentially scarring chemical treatments [e.g. so-called chemical peels] should also meet this same standard.

The MPA, Title 40, Chapter 47, Section 40-47- 60 states that the Act does not prohibit licensed physicians from delegating tasks to unlicensed personnel in their employment and on their premises if the task is routine in nature; is performed while the physician is present on the premises and readily available; the task does not involve the verbal transmission of a physician’s order; and the unlicensed person is wearing a badge denoting their status. http://llronline.com/POL/Medical/PDF/Laws/MPAChapt47. pdf

South Dakota

Click to access MinutesBONApr2010.pdf

Surgery constitutes the practice of medicine includes the use of a laser or ionizing radiation for the purpose of cutting or otherwise altering human tissue for diagnostic, palliative or therapeutic purposes. SDCL § 36-4-82.

PURPOSE: The purpose of this policy is to establish a guideline for laser training and continuing laser education of Nurse Practitioners (NP) and Physician Assistants (PA). POLICY: 1. The NP/PA laser training protocol will be as follows: a. The NP/PA will complete an initial laser specific orientation for each individual laser. This training is conducted by each of the specific laser manufacturers. A certificate will be acquired after completion and will be maintained in each personnel file. b. Under direct supervision of the laser trained collaborating/supervising physician, the NP/PA will be required to perform 40 laser procedures specific to each individual laser which include the Candela V-Beam Pulse Dye Laser, Candela Gentlelase Plus hair removal laser, Candela Smoothbeam Diode Laser, and Cynosure V-Star Pulse-dye Laser. A confidential list of patients treated will be maintained by the NP/PA. This list will be readily available upon request. c. The NP/PA will be required to attend and an American Academy of Dermatology approved continuing education program that specifically addresses laser technology. The NP/PA will complete an initial continuing education program within the first year and will be required to maintain 15 continuing education hours per 2 year period of time. Proof of education will be maintained in the personnel record. d. No healthcare provider, other than physicians, NPs, or PAs, may be trained to use lasers. 2. The collaborating/supervising physician will monitor and evaluate the progress of the NP/PA and if additional education or supervised training is necessary, the physician will amend this training protocol to require additional training. Laser Utilization Protocol PURPOSE: The purpose of this policy is to outline the utilization restrictions and procedure for delivery of laser therapy by NPs and PAs. POLICY: 1. The NP/PA laser utilization protocol will be as follows: a. Laser therapy will be administered by the NP/PA only afterthe training protocol has been completed. b. Laser therapy will be delivered only when the collaborating/supervising physician is physically present on site. c. Laser therapy parameters will be dictated by the collaborating/supervising physician after review of the chart, photographs and patient case. These parameters will include the type of laser to be utilized and the laser delivery settings. d. No variations of the treatment settings will be made without the prior approval of the collaborating/supervising physician. e. After the laser treatment is provided, the chart will be returned to the physician. Any untoward side effects, problems, and changing of the treatment plan will be addressed with chart review. f. Only physicians, NPs, or PAs, trained pursuant to these protocols dated November 17, 2003 may utilize lasers.

The South Dakota Joint Board of Nursing and Medical and Osteopathic Examiners affirmed on November 17, 2003 that only physicians, nurse practitioners, and physician assistants may be trained to use lasers pursuant to SDCL 3648.2 and approved the ‘Laser Utilization by Nurse Practitioners and Physician Assistants’ protocol.

Tennessee

Click to access 0880-02.20091221.pdf

Any procedure encompassed within the definition of the practice of medicine contained in T.C.A. § 63-6-204 that is to be performed by the use of a laser shall be considered, except as provided in T.C.A. § 63-26-102(5) and 63-9-106, to be the practice of medicine and any person performing such procedure must be under the supervision of a licensed physician. Rule 0880-02-.14(10). Pursuant to T.C.A. § 63-6-204(a)(1) any person shall be regarded as practicing medicine within the meaning of this chapter who treats, or professes to diagnose, treat, operates on or prescribes for any physical ailment or any physical injury to or deformity of another. Laser surgeries performed (pursuant to these rules—Office Based Surgery) require written policies and procedures that include, but are not limited to, laser safety, education, training, and the supervision of other licensed health care practitioners who are performing laser treatment. A safe environment shall be maintained for laser surgery. Rule 0880-02-.21(8)(b) 0880-2-.21(3)(o) Surgery – The excision or resection, partial or complete, destruction, incision or other structural alteration of human tissue by any means (including through the use of lasers) performed upon the body of a living human for purposes of preserving health, diagnosing or curing disease, repairing injury, correcting deformity or defects, prolonging life, relieving suffering, or for aesthetic, reconstructive or cosmetic purposes, to include, but not limited to: incision or curettage of tissue or an organ; suture or other repair of tissue or organ, including a closed or an open reduction of a fracture; extraction of tissue, including premature extraction of products of conception from the uterus; and insertion of natural or artificial implants. For the purpose of this rule, certain diagnostic and therapeutic procedures requiring medication to immobilize the patient are contained within the definition of surgery. (From Office-Based Surgery Policy)

2012 TN SR 94 signed by the Speaker on 4/18/2012, directs the Board of Medical Examiners to promulgate rules to prescribe standards for the practice of cosmetic procedures using laser invasive technology and chemical peels.

Use of Laser Equipment – Any procedure encompassed within the definition of the practice of osteopathic medicine contained in T.C.A. § 63-9-106 that is to be performed by the use of a laser shall be considered, except as provided in T.C.A. §§ 63-26- 102(5) and 63-6-204, to be the practice of osteopathic medicine. Rule 1050-02-.13(10). Osteopathic medicine is defined as a separate, complete and independent school of medicine and surgery utilizing full methods of diagnosis and treatment of physical and mental health and disease, including the prescription and administration of drugs, medicines, and biological, operative surgery, obstetrics and radiological and other electromagnetic emissions, which places special emphasis on the interrelationship of the muscoskeletal system to other body systems as taught and practiced by recognized associated colleges of osteopathic medicine. T.C.A. § 63-9-106(a). Laser surgeries performed (pursuant to these rules—Office Based Surgery) require written policies and procedures that include, but are not limited to, laser safety, education, training, and the supervision of other licensed health care practitioners who are performing laser treatment. A safe environment shall be maintained for laser surgery. Rule 1050-02-.21(8)(b) 1050-02-.21(3)(o) Surgery – The excision or resection, partial or complete, destruction, incision or other structural alteration of human tissue by any means (including through the use of lasers) performed upon the body of a living human for purposes of preserving health, diagnosing or curing disease, repairing injury, correcting deformity or defects, prolonging life, relieving suffering, or for aesthetic, reconstructive or cosmetic purposes, to include, but not limited to: incision or curettage of tissue or an organ; suture or other repair of tissue or organ, including a closed or an open reduction of a fracture; extraction of tissue, including premature extraction of products of conception from the uterus; and insertion of natural or artificial implants. For the purpose of this rule, certain diagnostic and therapeutic procedures requiring medication to immobilize the patient are contained within the definition of surgery. (From Office-Based Surgery Rule)

Texas

Texas Department of State Health Services Report on Regulation of Laser Hair Removal

HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE D. NUCLEAR AND RADIOACTIVE MATERIALS
CHAPTER 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION
SUBCHAPTER M. LASER HAIR REMOVAL

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm

Sec. 401.501. DEFINITIONS.

In this subchapter:

(1) “Commission” means the Texas Commission of Licensing and Regulation.

(1-a) “Department” means the Texas Department of Licensing and Regulation.

(2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(74), eff. April 2, 2015.

(2) “Executive director” means the executive director of the department.

(3) “Laser hair removal” means the use of a laser or pulsed light device for nonablative hair removal procedures.

(4) “Laser hair removal facility” means a business location that provides laser hair removal.

(5) “Laser or pulsed light device” means a device approved by the department and the United States Food and Drug Administration for laser hair removal.

(6) “Nonablative hair removal procedure” means a hair removal procedure using a laser or pulsed light device that does not remove the epidermis.

(7) “Operator” means the owner of a laser hair removal facility, an agent of an owner, or an independent contractor of a laser hair removal facility.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(74), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.225, eff. September 1, 2017

Sec. 401.5011. GENERAL POWERS AND DUTIES.

The executive director shall administer and enforce this chapter.

Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.226, eff. September 1, 2017

Sec. 401.502. EXAMINATION.

The commission may adopt rules to govern the development and administration of an examination for an applicant under this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.227, eff. September 1, 2017

Sec. 401.503. APPLICATION PROCESS. (a) An application for a certificate or license under this subchapter must be submitted in the manner and on a form prescribed by the executive director.

(b) The application must require an applicant to provide sworn statements relating to the applicant’s education and to provide other information required by the commission.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.228, eff. September 1, 2017

Sec. 401.504. CERTIFICATE FOR INDIVIDUALS REQUIRED.

(a) A person may not perform or attempt to perform laser hair removal unless the person holds the appropriate certificate under this subchapter.

(b) A certificate issued under this subchapter only authorizes a person to perform nonablative cosmetic laser hair removal. The certificate does not authorize the person to diagnose, treat, or offer to treat any client for any illness, disease, injury, defect, or deformity of the human body. The certificate holder shall specifically disclose this limitation in writing to all clients and prospective clients.

(c) This subchapter does not require a health professional licensed under another law to hold a certificate under this subchapter to perform laser hair removal if the performance of laser hair removal is within the scope of that professional’s practice as determined by the professional’s licensing board.

(d) This subchapter does not apply to a physician or to a physician’s employee or delegate acting under Chapter 157, Occupations Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2010

Sec. 401.505. CERTIFIED LASER HAIR REMOVAL PROFESSIONAL.

(a) An applicant for a laser hair removal professional certificate must:

(1) be certified by a recognized certifying agency, including the Society for Clinical and Medical Hair Removal or another certification entity approved by the department;

(2) meet the requirements for a senior laser hair removal technician certificate under Section 401.506; and

(3) pass an examination required by the department.

(b) A certified laser hair removal professional acting under the protocol established with a consulting physician may perform laser hair removal without supervision.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.229, eff. September 1, 2017

Sec. 401.506. SENIOR LASER HAIR REMOVAL TECHNICIAN.

(a) Except as provided by Subsection (b), an applicant for a senior laser hair removal technician certificate must:

(1) meet the requirements for a laser hair removal technician certificate under Section 401.507; and

(2) have supervised at least 100 laser hair removal procedures, as audited by a certified laser hair removal professional.

(b) The qualifications for eligibility for an applicant for a senior laser hair removal technician certificate who is a licensed health professional shall be established by the entity that issues licenses for that health profession.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009

Sec. 401.507. LASER HAIR REMOVAL TECHNICIAN.

An applicant for a laser hair removal technician certificate must:

(1) meet the requirements for a laser hair removal apprentice-in-training certificate under Section 401.508; and

(2) have performed at least 100 laser hair removal procedures under the direct supervision of a senior laser hair removal technician or a certified laser hair removal professional.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009

Sec. 401.508. LASER HAIR REMOVAL APPRENTICE-IN-TRAINING.

(a) An applicant for a laser hair removal apprentice-in-training certificate must have at least 24 hours of training in safety, laser physics, skin typing, skin reactions, treatment protocols, burns, eye protection, emergencies, and posttreatment protocols.

(b) A laser hair removal apprentice-in-training must work directly under the supervision of a senior laser hair removal technician or a certified laser hair removal professional.

(c) A person must be at least 18 years of age to qualify to be a laser hair removal apprentice-in-training.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009

Sec. 401.510. FACILITY LICENSE REQUIRED.

(a) A person may not operate a laser hair removal facility unless the person holds a license issued under this subchapter to operate the facility.

(b) A separate license is required for each laser hair removal facility.

(c) This section does not apply to:

(1) a facility owned or operated by a physician for the practice of medicine;

(2) a licensed hospital; or

(3) a clinic owned or operated by a licensed hospital.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2010

Sec. 401.512. TERM OF CERTIFICATE OR LICENSE.

(a) A certificate or license expires on the second anniversary of the date of issuance and may be renewed.

(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.297(3), eff. September 1, 2017.
(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.297(3), eff. September 1, 2017.
Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.230, eff. September 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.231, eff. September 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.297(3), eff. September 1, 2017

Sec. 401.513. DISPLAY OF LICENSE OR CERTIFICATE.

A person holding a license or certificate under this subchapter shall display the person’s license or certificate in an open public area of the laser hair removal facility.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009

Sec. 401.514. LASER OR PULSED LIGHT DEVICE.

(a) A laser or pulsed light device used for laser hair removal in a laser hair removal facility must comply with all applicable federal and state laws and regulations.

(b) A person who adulterates or misbrands a laser or pulsed light device violates Chapter 431. The department may investigate a person accused of adulterating or misbranding a laser or pulsed light device.

(c) A person may only use a laser or pulsed light device approved for laser hair removal by the federal Food and Drug Administration for that purpose and may only use the device at the settings expected to safely remove hair.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009

Sec. 401.515. CUSTOMER NOTICE; LIABILITY.

(a) A laser hair removal facility shall give each customer a written statement outlining the relevant risks associated with laser hair removal, including a warning that failure to use the eye protection provided to the customer by the laser hair removal facility may result in damage to the eyes.

(b) The commission shall adopt rules relating to the customer notice.

(c) Compliance with the notice requirement does not affect the liability of the laser hair removal facility operator or a manufacturer of a laser or pulsed light device.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.232, eff. September 1, 2017

Sec. 401.516. WARNING SIGNS.

(a) A laser hair removal facility shall post a warning sign as prescribed by the commission in a conspicuous location readily visible to a person entering the facility. The sign must provide a toll-free telephone number and e-mail address for the department and inform the customer that the customer may contact the department.

(b) The commission shall adopt rules specifying the size, content, and design of the sign, with wording listing the potential dangers involved.

(c) The department shall include with a license application and an application for renewal of a license a description of the design standards required for a sign under this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.233, eff. September 1, 2017

Sec. 401.517. OPERATIONAL REQUIREMENTS.

(a) Except as provided by Subsection (b), a laser hair removal facility shall have a certified laser hair removal professional or a licensed health professional described by Section 401.504(c) present to supervise the laser hair removal procedures performed at the facility during the facility’s operating hours.

(b) A laser hair removal facility may continue to perform laser hair removal procedures after the facility’s certified laser hair removal professional leaves the facility if a senior laser hair removal technician is present to perform or supervise each procedure. Not later than the 45th day after the date the facility’s certified laser hair removal professional leaves the facility:

(1) the facility’s senior laser hair removal technician must become certified as a laser hair removal professional under Section 401.505; or
(2) the facility must hire a new certified laser hair removal professional.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2010

Sec. 401.518. SAFETY.

(a) A laser hair removal facility operator is responsible for maintaining the laser hair removal facility’s compliance with the requirements of this subchapter and commission rules relating to laser and pulsed light devices.

(b) A laser hair removal facility operator may not claim, advertise, or distribute promotional materials that claim that laser hair removal is free from risk or provides any medical benefit.
(c) A laser hair removal facility operator may not produce false or misleading advertising regarding the services offered at the facility.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.234, eff. September 1, 2017.

Sec. 401.519. CONSULTING PHYSICIAN. (a) A laser hair removal facility must have a written contract with a consulting physician to:

(1) establish proper protocols for the services provided at the facility; and
(2) audit the laser hair removal facility’s protocols and operations.
(b) Under the rules of the commission, a laser hair removal facility must document with the department the facility’s contractual relationship with the consulting physician.
(c) The consulting physician must be available for emergency consultation with the facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client. If the consulting physician is unavailable for an emergency consultation, another designated physician must be available for the consultation with the facility relating to care for the client.
(d) This subchapter does not relieve a consulting physician or another health care professional from complying with applicable regulations prescribed by a state or federal agency.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.235, eff. September 1, 2017

Sec. 401.520. DISCLOSURE OF RECORD PROHIBITED; EXCEPTION.

(a) Except as provided by Subsection (b), an operator or other person may not disclose a customer record required to be kept by the department.
(b) An operator or other person may disclose a customer record if:
(1) the customer or a person authorized to act on behalf of the customer requests the record;
(2) the department, the Texas Medical Board, a health authority, or an authorized agent requests the record;
(3) the customer consents in writing to disclosure of the record to another person;
(4) the customer is a victim, witness, or defendant in a criminal proceeding and the record is relevant to that proceeding;
(5) the record is requested in a criminal or civil proceeding by court order or subpoena; or
(6) disclosure is otherwise required by law.

Added by Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449), Sec. 1, eff. September 1, 2009

Sec. 401.521. PROHIBITED PRACTICE.

(a) A person may not operate a laser or pulsed light device with the intent to treat an illness, disease, injury, or physical defect or deformity unless the person is:

(1) a physician;
(2) acting under a physician’s order; or
(3) authorized under other law to treat the illness, disease, injury, or physical defect or deformity in that manner.
(b) A person who violates Subsection (a) is practicing medicine in violation of Subtitle B, Title 3, Occupations Code, and is subject to the penalties under that subtitle and Subchapter F, Chapter 51, Occupations Code.

http://www.dshs.texas.gov/radiation/pdffiles/Laser-Hair-Removal-Report-Final.pdf

The Texas Medical Board (TMB) licenses and regulates physicians under the authority

granted to it in the Medical Practices Act, Chapters 151 through 165, Occupations

Code. In addition, the TMB regulates the delegation of certain medical acts associated

with the use of lasers and IPLs under the provisions in Chapter 157, Occupations Code.

The TMB adopted Section 193.11, Use of Lasers (22 TAC 193.11), establishing rules

for the use of laser and IPL devices for ablative and non-ablative treatment by

physicians. Laser hair removal is classified as a non-ablative procedure. The TMB rule

requires that the use of laser and IPL devices for non-ablative procedures cannot be

delegated to non-physician delegates, other than an advanced heath practitioner,

without the delegating/supervising physician being on-site and immediately available.

TMB Rule Sec. 193.11 became effective in November 2003. The rule stated that

enforcement would begin 12 months after the effective date, or December 2004, to

allow adequate time for all persons affected by the rule requirements to come into

compliance.

SECTION 193.17. Nonsurgical Medical Cosmetic Procedures

118.2 §193.11. Use of Lasers.

http://www.sos.state.tx.us/texreg/pdf/backview/0421/0421is.pdf (old)

Utah

Click to access 58-11a.pdf

R156-11a-611. Standards for Approval of Mechanical or Electrical Apparatus.

http://www.dopl.utah.gov/laws/R156-11a.pdf

(3) The use of any procedure in which human tissue is cut or altered by laser energy or ionizing radiation is prohibited for all individuals licensed under this chapter unless it is within the scope of practice for the licensee and under the appropriate level of supervision by a licensed health care practitioner acting within the licensed health care practitioner’s scope of practice.

http://www.dopl.utah.gov/laws/58-11a.pdf

25) “Practice of basic esthetics” means any one of the following skin care procedures done on the head, face, neck, arms, hands, legs, feet, eyebrows, or eyelashes for cosmetic purposes and not for the treatment of medical, physical, or mental ailments: (e) cosmetic laser procedures under direct supervision of a licensed health care practitioner as defined by rule, limited to the following: (i) superfluous hair removal; (ii) anti-aging resurfacing enhancements; (iii) photo rejuvenation; 28) “Practice of electrology” means: (b) cosmetic laser procedures under the general supervision of a licensed health care practitioner as defined by rule, limited to superfluous hair removal.

2012 UT SB 40 signed by the Governor on 3/23/2012, defines ablative procedure, cosmetic medical facility, cosmetic medical procedure, nonablative procedure, superficial procedure and supervisor. The bill prohibits the use of the term “medical” when advertising a facility that performs cosmetic medical procedures under certain circumstances; exempts certain licensees from the definition of cosmetic medical procedures; and establishes standards for the supervision of cosmetic medical procedures. The bill also amends the practice of medicine and provisions setting forth “unprofessional conduct.”

Vermont

Vermont StatutesProfessions

https://legislature.vermont.gov/statutes/section/26/086/04402

(3) “Electrology” means the removal of hair by electrical current using needle/probe electrode-type epilation, which would include electrolysis (direct current/DC), thermolysis (alternating current/AC), or a combination of both (superimposed or sequential blend). “Electrology” includes the use of lasers approved by the U.S. Food and Drug Administration for electrology by electrologists possessing a special license endorsement set forth in subsection 4404(d) of this chapter.

26 V.S.A. § 4404. Director; duties

https://legislature.vermont.gov/statutes/section/26/086/04404

(d) The Director shall adopt rules regulating a special license endorsement that shall authorize an electrologist to use lasers for hair removal. These rules shall require an electrologist to complete a comprehensive laser hair removal course satisfactorily in order to obtain this special license endorsement. (Added 1999, No. 133 (Adj. Sess.), § 46, eff. Jan. 1, 2001; amended 2001, No. 129 (Adj. Sess.), § 38, eff. June 13, 2002; 2005, No. 27, § 103; 2013, No. 138 (Adj. Sess.), § 50.)

Virginia

Code of Virginia § 54.1-2973.1. Practice of laser hair removal.

https://law.lis.virginia.gov/vacode/title54.1/chapter29/section54.1-2973.1/

The practice of laser hair removal shall be performed by a properly trained person licensed to practice medicine or osteopathic medicine or a physician assistant as authorized pursuant to § 54.1-2952 or a nurse practitioner as authorized pursuant to § 54.1-2957 or by a properly trained person under the direction and supervision of a licensed doctor of medicine or osteopathic medicine or a physician assistant as authorized pursuant to § 54.1-2952 or a nurse practitioner as authorized pursuant to § 54.1-2957 who may delegate such practice in accordance with subdivision A 6 of § 54.1-2901.

Washington

Washington Administrative Codeplasma devices

http://apps.leg.wa.gov/WAC/default.aspx?cite=246-918-125

(1) For the purposes of this rule, laser, light, radiofrequency, and plasma devices (hereafter LLRP devices) are medical devices that:

(a) Use a laser, noncoherent light, intense pulsed light, radiofrequency, or plasma to topically penetrate skin and alter human tissue; and

(b) Are classified by the federal Food and Drug Administration as prescription devices.

(2) Because an LLRP device penetrates and alters human tissue, the use of an LLRP device is the practice of medicine under RCW 18.71.011. The use of an LLRP device can result in complications such as visual impairment, blindness, inflammation, burns, scarring, hypopigmentation and hyperpigmentation.

(3) Use of medical devices using any form of energy to penetrate or alter human tissue for a purpose other than the purpose set forth in subsection (1) of this section constitutes surgery and is outside the scope of this section.

PHYSICIAN ASSISTANT RESPONSIBILITIES

(4) A physician assistant must be appropriately trained in the physics, safety and techniques of using LLRP devices prior to using such a device, and must remain competent for as long as the device is used.

(5) A physician assistant may use an LLRP device so long as it is with the consent of the sponsoring or supervising physician, it is in compliance with the practice arrangement plan approved by the commission, and it is in accordance with standard medical practice.

(6) Prior to authorizing treatment with an LLRP device, a physician assistant must take a history, perform an appropriate physical examination, make an appropriate diagnosis, recommend appropriate treatment, obtain the patient’s informed consent (including informing the patient that a nonphysician may operate the device), provide instructions for emergency and follow-up care, and prepare an appropriate medical record.

PHYSICIAN ASSISTANT DELEGATION OF LLRP TREATMENT

(7) A physician assistant who meets the above requirements may delegate an LLRP device procedure to a properly trained and licensed professional, whose licensure and scope of practice allow the use of an LLRP device provided all the following conditions are met:

(a) The treatment in no way involves surgery as that term is understood in the practice of medicine;

(b) Such delegated use falls within the supervised professional’s lawful scope of practice;

(c) The LLRP device is not used on the globe of the eye; and

(d) The supervised professional has appropriate training in, at a minimum, application techniques of each LLRP device, cutaneous medicine, indications and contraindications for such procedures, preprocedural and postprocedural care, potential complications and infectious disease control involved with each treatment.

(e) The delegating physician assistant has written office protocol for the supervised professional to follow in using the LLRP device. A written office protocol must include at a minimum the following:

(i) The identity of the individual physician assistant authorized to use the device and responsible for the delegation of the procedure;

(ii) A statement of the activities, decision criteria, and plan the supervised professional must follow when performing procedures delegated pursuant to this rule;

(iii) Selection criteria to screen patients for the appropriateness of treatments;

(iv) Identification of devices and settings to be used for patients who meet selection criteria;

(v) Methods by which the specified device is to be operated and maintained;

(vi) A description of appropriate care and follow-up for common complications, serious injury, or emergencies; and

(vii) A statement of the activities, decision criteria, and plan the supervised professional shall follow when performing delegated procedures, including the method for documenting decisions made and a plan for communication or feedback to the authorizing physician assistant concerning specific decisions made. Documentation shall be recorded after each procedure, and may be performed on the patient’s record or medical chart.

(f) The physician assistant is responsible for ensuring that the supervised professional uses the LLRP device only in accordance with the written office protocol, and does not exercise independent medical judgment when using the device.

(g) The physician assistant shall be on the immediate premises during any use of an LLRP device and be able to treat complications, provide consultation, or resolve problems, if indicated.

246-919-605. Use of laser, light, radiofrequency, and plasma devices as applied to the skin.

http://apps.leg.wa.gov/WAC/default.aspx?cite=246-919-605

(1) For the purposes of this rule, laser, light, radiofrequency, and plasma devices (hereafter LLRP devices) are medical devices that:

(a) Use a laser, noncoherent light, intense pulsed light, radiofrequency, or plasma to topically penetrate skin and alter human tissue; and

(b) Are classified by the federal Food and Drug Administration as prescription devices.

(2) Because an LLRP device penetrates and alters human tissue, the use of an LLRP device is the practice of medicine under RCW 18.71.011. The use of an LLRP device can result in complications such as visual impairment, blindness, inflammation, burns, scarring, hypopigmentation and hyperpigmentation.

(3) Use of medical devices using any form of energy to penetrate or alter human tissue for a purpose other than the purpose set forth in subsection (1) of this section constitutes surgery and is outside the scope of this section.

PHYSICIAN RESPONSIBILITIES

(4) A physician must be appropriately trained in the physics, safety and techniques of using LLRP devices prior to using such a device, and must remain competent for as long as the device is used.

(5) A physician must use an LLRP device in accordance with standard medical practice.

(6) Prior to authorizing treatment with an LLRP device, a physician must take a history, perform an appropriate physical examination, make an appropriate diagnosis, recommend appropriate treatment, obtain the patient’s informed consent (including informing the patient that a nonphysician may operate the device), provide instructions for emergency and follow-up care, and prepare an appropriate medical record.

(7) Regardless of who performs LLRP device treatment, the physician is ultimately responsible for the safety of the patient.

(8) Regardless of who performs LLRP device treatment, the physician is responsible for assuring that each treatment is documented in the patient’s medical record.

(9) The physician must ensure that there is a quality assurance program for the facility at which LLRP device procedures are performed regarding the selection and treatment of patients. An appropriate quality assurance program shall include the following:

(a) A mechanism to identify complications and untoward effects of treatment and to determine their cause;

(b) A mechanism to review the adherence of supervised professionals to written protocols;

(c) A mechanism to monitor the quality of treatments;

(d) A mechanism by which the findings of the quality assurance program are reviewed and incorporated into future protocols required by subsection (10)(d) of this section and physician supervising practices; and

(e) Ongoing training to maintain and improve the quality of treatment and performance of treating professionals.

PHYSICIAN DELEGATION OF LLRP TREATMENT

(10) A physician who meets the above requirements may delegate an LLRP device procedure to a properly trained and licensed professional, whose licensure and scope of practice allow the use of an LLRP device, provided all the following conditions are met:

(a) The treatment in no way involves surgery as that term is understood in the practice of medicine;

(b) Such delegated use falls within the supervised professional’s lawful scope of practice;

(c) The LLRP device is not used on the globe of the eye;

(d) A physician has a written office protocol for the supervised professional to follow in using the LLRP device. A written office protocol must include at a minimum the following:

(i) The identity of the individual physician authorized to use the device and responsible for the delegation of the procedure;

(ii) A statement of the activities, decision criteria, and plan the supervised professional must follow when performing procedures delegated pursuant to this rule;

(iii) Selection criteria to screen patients for the appropriateness of treatments;

(iv) Identification of devices and settings to be used for patients who meet selection criteria;

(v) Methods by which the specified device is to be operated and maintained;

(vi) A description of appropriate care and follow-up for common complications, serious injury, or emergencies; and

(vii) A statement of the activities, decision criteria, and plan the supervised professional shall follow when performing delegated procedures, including the method for documenting decisions made and a plan for communication or feedback to the authorizing physician concerning specific decisions made;

(e) The supervised professional has appropriate training in, at a minimum, application techniques of each LLRP device, cutaneous medicine, indications and contraindications for such procedures, preprocedural and postprocedural care, potential complications and infectious disease control involved with each treatment;

(f) The delegating physician ensures that the supervised professional uses the LLRP device only in accordance with the written office protocol, and does not exercise independent medical judgment when using the device;

(g) The delegating physician shall be on the immediate premises during the patient’s initial treatment and be able to treat complications, provide consultation, or resolve problems, if indicated. The supervised professional may complete the initial treatment if the physician is called away to attend to an emergency;

(h) Existing patients with an established treatment plan may continue to receive care during temporary absences of the delegating physician provided that there is a local back-up physician who satisfies the requirements of subsection (4) of this section. The local back-up physician must agree in writing to treat complications, provide consultation or resolve problems if medically indicated. The local back-up physician shall be reachable by phone and able to see the patient within sixty minutes.

(11) The use of, or the delegation of the use of, an LLRP device by a physician assistant is covered by WAC 246-918-125.

West Virginia

West Virginia Code §30-3-4. Definitions: Practice of medicine and surgery

http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=30&art=3&section=4#03

(3) “Practice of medicine and surgery” means the diagnosis or treatment of, or operation or prescription for, any human disease, pain, injury, deformity or other physical or mental condition. “Surgery” includes the use on humans of lasers, ionizing radiation, pulsed light and radiofrequency devices. The provisions of this section do not apply to any person who is a duly licensed health care provider under other pertinent provisions of this code and who is acting within the scope of his or her license.

Public Policy Statement on Surgery Using Laser, Pulsed Light, Radiofrequency Devices, or Other Techniques

https://wvbom.wv.gov/Position_Statementsnew.asp

Click to access policysurgerylaser.pdf

In those cases where the surgeon may utilize the services of a nonphysician advanced health practitioner or nonphysician health practitioner as an assistant during the performance of laser surgery (including ablative or nonablative procedures), the assistant must meet the following requirements:

• Be properly licensed, certified, and/or credentialed to practice his or her profession;

• Have appropriate education and training for assisting the surgeon in laser surgery procedures: and

• Complete assigned duties under the direct supervision of the surgeon performing the procedure.

Wisconsin

Wisconsin Cosmetology Examining Board ChapterProfessional Conduct

http://docs.legis.wisconsin.gov/code/admin_code/cos/2

Cos 2.025 Delegated medical procedures.

(1) Licensees may provide client services constituting medical procedures only as directed, supervised and inspected by a physician who has the power to direct, decide and oversee the implementation of the client services provided in licensed establishments.

(2) Delegated medical procedures include the following:

(a) Laser hair removal services.

History: see Clearinghouse Rule CR 05-118. Note that CR 15035 changed the rule text to remove training specifications for licensees

http://docs.legis.wisconsin.gov/code/register/2015/713A1/register/rule_notices/cr_15_035_hearing_information/cr_15_035_rule_text

Wyoming

Wyoming BoardMedicine Rules

http://www.wyoleg.gov/ARULES/2011/AR11-018medicine.pdf

(vii) Operates or delegates the responsibility to operate a medical device classified as a Class II or Class III medical device by the U.S. Food and Drug Administration unless operation or authorization for operation occurs in a site under the supervision of a person licensed under this chapter.

Sources

American AcademyDermatology

• Version dated May 2011 (PDF)

Federation of State Medical Boards

• Version dated May 2012 (PDF)
• Undated version (PDF)

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