Laser hair removal services differ from many salon services because they fall under medical classification; however, state regulations can often be confusing and inconsistent.
California law permits only physicians, physician assistants and registered nurses who operate under physician supervision to use lasers, leading to an explosion of “medspa” businesses across the state.
License Requirements
No matter your current or potential status as an esthetician, it is imperative that you know the licensing requirements in your state. Many states have laws in place dictating who can perform laser and light-based cosmetic treatments on clients; the rules can range widely depending on which state it applies in. It would be advisable to contact either a national training institute or local cosmetology school to find out exactly which laws pertain in your region.
If your state requires licenses, attending an accredited program that meets state guidelines can help you obtain one. Most courses provide hands-on training over a two week period in an approved facility before sitting a written exam to secure certification.
Some states, like Arizona, only permit cosmetic laser treatment after passing a state-approved exam and completing certain number of training hours. Other states like Texas require stricter legislation requiring 40+ hours of state-approved training as well as 100 supervised cosmetic laser procedures completed under supervision before treating clients with cosmetic laser.
Even though California’s Medical Board considers cosmetic laser treatments and injectables medical, individual clinics have the freedom to determine whether they strictly abide by regulations. Some have physicians on staff for oversight while others may not; consequently, spas and medi-spas have become popular due to services that blur the line between beauty and medicine.
Some states allow nonphysicians, including physician’s assistants and registered nurses, to operate laser devices; however, the state will require that they operate under direct supervision by a doctor. This has allowed these professionals to open med-spas that offer soothing environments like salons and spas but have doctors on staff overseeing procedures – an option which increases both access as well as potential malpractice claims against businesses not fully aware of all state regulations and laws. While this increases diversity when it comes to treating laser treatments for clients, it also increases malpractice claims risks; this poses major risks when not fully updated about regulations.
Procedures
Laser hair removal is a safe and effective solution to eliminating unwanted hair. Compared with waxing, tweezing, and plucking, lasers make hair removal faster; treating bikini areas takes under 10 minutes while larger areas may take longer. In addition to treating hair growth, lasers also tighten skin and decrease pore size – no wonder laser hair removal has become such a popular cosmetic procedure across the United States!
Laser treatments should only be administered by professionals trained in administering them, yet state laws differ as to who can legally operate one. Some states only permit physicians or physician assistants to operate lasers, while in others medical assistants, estheticians, licensed vocational nurses, and electrologists can operate them. Furthermore, some salons and medi-spas perform illegal laser hair removal procedures.
Legislators in Virginia were alarmed to hear about a story of a man visiting a medical spa for laser hair removal only to be treated by an office cleaner with no formal education – they responded by passing legislation restricting laser hair removal to only doctors, physician assistants or nurse practitioners; or nonphysicians under supervision by one of these professionals.
Other states such as Oregon do not have laws in place to keep up with the rapidly expanding medical laser industry, leading some cosmetologists and plastic surgeons (along with some cosmetology services and laser hair removal centers) to perform laser treatments without proper training resulting in people experiencing burns or injuries having filed lawsuits against them.
According to a Harvard Medical School study, there has been an increase in lawsuits filed against nonphysicians performing laser treatments such as hair removal. Many of the lawsuits stemmed from cosmetologists or other nonphysicians providing laser hair removal treatments.
Before beginning laser treatments, a certified laser technician will conduct a comprehensive examination, asking about your health and medications you are currently taking as well as examining the area you intend to treat. After laser treatments may cause your skin to appear red or irritated so it is wise to apply cold compresses immediately afterwards.
Safety
Lasers are powerful devices and require proper training and licensing in order to use. Many states have passed laws to regulate cosmetic laser procedures and protect consumers from unlicensed practitioners who could increase the risk of accidents or injuries.
The US Food and Drug Administration (FDA) classifies lasers according to their potential risks to consumers, requiring each device to come equipped with warning labels outlining its class, power and any relevant details such as maximum output wavelengths protection requirements or any information relevant to safety concerns. Furthermore, some states make operating lasers without proper certification is illegal.
California Medical Board regulations establish strict rules governing who can operate aesthetic lasers and perform treatments at “medical esthetic” clinics, commonly referred to as med spas. According to these med spa rules, only doctors, physician assistants or nurse practitioners are eligible to operate aesthetic lasers used for these treatments – an arrangement much tighter than most states where nonphysicians may also delegate laser procedures directly or work alongside doctors at medical esthetic practices under supervision.
Under stricter state regulations, the medical spa industry is rapidly growing. Although often advertised as salons or spas, medical spas generally employ doctors and their assistants, as well as offering Botox injections and injectible fills in addition to cosmetic laser treatments. Certain states such as Alaska and New Hampshire allow nonphysicians to conduct certain laser procedures with no supervision from physicians; nine others like Iowa and Oregon do not mandate that any physician supervise any laser procedures at all.
If you’ve been injured by a non-licensed laser hair removal provider, it is crucial that you file a personal injury suit as soon as possible after the incident. The statute of limitations in such cases is two years; thus the sooner a qualified attorney is hired the higher your chances are of winning compensation from their insurer. They can also handle communications between themselves and them to avoid potentially damaging statements being made unknowingly during communication between parties involved.
Insurance
if someone is injured during a laser hair removal procedure, a lawsuit could be brought against the medical spa or salon that performed it. Professional liability coverage included in a laser hair removal center insurance policy can cover costs related to claims brought against it and protect its owner from personal liability.
Liability policies vary according to the state where your business operates, with most states mandating that laser procedures be completed by a doctor; in certain instances a physician’s assistant or nurse with proper training can perform them instead. Furthermore, estheticians or other beauty professionals are not permitted to perform laser procedures as they lack sufficient education.
Some states, like Virginia, have passed laws designed to ensure patients’ safety when receiving laser hair removal treatments and have limited it only to licensed healthcare practitioners (e.g. doctors, physician’s assistants or nurses), or individuals under supervision by one of these individuals. This serves as a valuable safeguard against injuries associated with laser treatments that have become more prevalent due to injuries sustained from laser light sources resulting in burns.
Laser burns and injuries often arise when estheticians or other beauty professionals perform unapproved laser treatments without proper certification or authorization. Luckily, many insurance companies offer policies to protect these professionals from liability – including professional liability coverage that can be purchased individually or as a package with aesthetic only or clinical malpractice policies.
General liability coverage can protect businesses against lawsuits alleging copyright infringement, libel or slander. Although such allegations are rare, they can nonetheless result in costly legal expenses for your company if they arise. A San Diego laser hair injury attorney can help businesses manage such legal matters if necessary. In case a patient of your laser hair removal center is injured by one of your employees, never speak with their insurance company without first consulting with a lawyer; these insurers represent their client not you and could try to lower settlement offers or get you to say something that may damage your case further – never speak with insurance company without first consulting first with legal representation!
