Laser hair removal differs from both shaving and waxing in that it utilizes light energy to eliminate unsightly hair growth. Its procedure is fast, noninvasive, and relatively pain-free – many patients liken the feeling to that of snapping rubber bands against your skin.
Recently, cosmetic laser industry was an unregulated area with limited oversight and risk for consumer injuries (burns or scarring). Now more state governmental and regulatory bodies are passing laws to regulate this practice.
Legitimacy of Aesthetic Lasers
Laser hair removal is an efficient, noninvasive solution to unwanted hair growth, making it a popular cosmetic procedure as well as medical procedure. Like any medical procedure, finding an experienced practitioner who complies with all safety protocols and license regulations is crucial to safe treatment from New York state law-certified dermatologists.
Due to high-profile laser injury lawsuits, state governmental and regulatory agencies are passing laws to regulate laser use within cosmetic industry applications. This development should help improve both quality and safety while increasing consumer trust.
As Michael Byrd from Dallas law firm ByrdAdatto notes, when laser hair removal first debuted in the late 90s it was generally classified by medical boards in most states as practicing medicine – most boards defining “anything that affects living tissue”. When performed properly however, lasers emit pulses of light that penetrate skin and destroy basal stem cells without harming nearby tissues.
Early days of aesthetic lasers were marked by few regulations and many individuals performing cosmetic laser procedures without formal training or experience. Due to a lack of standards and risks due to undertrained practitioners, several malpractice lawsuits were brought by clients against poorly trained practitioners; although most were settled out-of-court but the public was exposed to stories of injuries and scarring due to laser procedures.
Current discussions surrounding aesthetic laser regulations entail who may use aesthetic laser treatments and how much supervision must be provided by physicians or nonphysician providers (i.e. physician assistant and clinical nurse practitioner providers) who receive treatments. State regulations vary: some have no restrictions or requirements in terms of who can administer laser treatments while other states mandate presence of physicians at every treatment site, with others setting rules that specify how often an on-site physician must be present and supervise such providers (for instance physician’s assistants and CNP providers).
Regulations
Recent history shows us that cosmetic laser hair removal and other light-based treatments were like the Wild West; there were few rules and the risk of consumer injury was high (burns and scarring). But now more states are passing laws to regulate both equipment and its users; thus bringing greater maturity to this industry and making consumers more accepting of procedures; leading many successful spa and salon owners to invest in training their staff members further.
At various schools, aesthetic laser training programs are offered. Courses typically provide hands-on clinical experience and result in students earning a certificate of completion. Furthermore, each state has their own licensing requirements for laser technicians; therefore a national training institute will be able to inform you about these.
Lasers used for hair removal tend to have similar properties and effects. The most widely-used type of laser emits light at specific wavelengths that target melanin in hair cells to disintegrate them and eventually make less likely for new follicles to grow in treated areas.
The FDA recognizes lasers as medical devices and recommends only trained health professionals operate them. Some states have taken this advice to heart, mandating that lasers only be operated by physicians, nurses or physician assistants; other states such as New York have more lax regulations. Up until now there has been no requirement that individuals conducting laser hair removal be licensed or hold degrees in medicine.
New York is home to hundreds of salons and spas that specialize in laser hair removal, some owned and run independently, others run as chains or cosmetic dermatologists or plastic surgeons offer it too. Additionally, during the pandemic these businesses were forced to endure diminished customer traffic due to uncertainty around Covid-19 regulations; now they may face new, burdensome regulations which threaten their business models.
Del. Mark Keam introduced legislation this month in Virginia legislature that would mandate laser hair removal treatments be performed by physicians or health care professionals who have received adequate training. This measure stems from an audit report by Department of Health Professionals and Department of Professional and Occupational Regulation that found oversight for minimally invasive cosmetic procedures was subpar in Virginia.
Licensing
Laser hair removal is one of the most sought-after aesthetic procedures available today, yet also lies at the intersection between beauty care and clinical surgery. Due to this distinction, states have laws which govern its practice as well as mandate training for those performing it.
New York stands apart in that nonphysician practitioners don’t require licenses in order to operate lasers; this could change with a proposal recently introduced into its legislature this month that would mandate salons obtain licenses as well as provide their technicians with extensive training. Furthermore, salons would have to carry at least US$1 million worth of liability insurance coverage.
Industry experts are confident that legislation will drive out less-than-reputable providers from the laser industry, which has seen many horror stories of botched laser procedures in recent months. Media coverage often highlights mishaps attributed to technician error; making it hard for consumers to differentiate between reliable and dishonest providers.
New York state Senate bill would hold salons and non-physician practitioners to the same requirements as medical professionals, such as emitting appropriate wavelengths from laser devices for various skin types – currently, salons may use devices of 1064 nanometers on dark skin types and 755 nanometers on light ones – which could result in painful burns or other side effects.
In the past, the Medical Society of the State of New York opposed attempts to classify laser hair removal as medical practice. Now however, that position has shifted and New York may soon become one of the only states without any license requirement to operate light emitting devices that may cause discoloration and burns.
Though it is unlikely that a bill will pass this year, the state cosmetology board has already begun reviewing licensure and educational requirements for providers of laser hair removal services in order to ensure technicians possess all of the skills and knowledge required for safe and efficient implementation.
Insurance
Before the pandemic hit, laser hair removal parlors could be found virtually on every street corner in New York City. There are currently hundreds of self-described salons and spas offering laser treatments (there is no reliable data). Furthermore, cosmetic dermatologists and plastic surgeons often perform laser treatments themselves within their offices.
Some states place aesthetic laser treatments under the realm of medicine, meaning only healthcare providers such as nurses and physician’s assistants can perform them. Other states require licenses for practitioners or restrict use to facilities approved by medical bodies; but in New York the industry has opposed calls to classify laser hair removal as medical practice, with attempts at legislation mandating non-medical training similar to what the state mandates for haircuts and waxing failing.
The FDA recognizes aesthetic lasers, like they do other types of cosmetic treatments such as scar and vein treatment and wrinkle reduction, but this doesn’t guarantee coverage by insurance providers for laser hair removal treatment.
What kind of laser treatment your insurance will cover depends on how your health plan is structured. Having a “preferred provider” relationship with your doctor increases the odds that they’ll offer better coverage; also helpful if they have experience advocating on your behalf when dealing with insurance providers.
Most insurers only cover laser hair removal that takes place in a doctor’s office, since it is considered part of legitimate medical practice and the staff there can best address any potential complications that may arise. You should discuss your options with your physician to understand more about what insurance covers laser hair removal treatments.
Laser hair removal for adolescents begins at 16 years of age; most teenagers can understand and tolerate its side effects such as redness or swelling without discomfort. If your teenager is interested in getting laser hair removal treatment, visit Dr. Michele Green of NYC Board-Certified Cosmetic Dermatologist, to determine whether they qualify as good candidates for this cosmetic procedure.
