Laser hair removal is one of the most sought-after cosmetic treatments for eliminating unwanted hair. However, regulations surrounding this procedure vary from state to state.
News coverage often centers on incidents caused by inexperienced technicians. But that may soon change.
New York state follows national laws regarding licensing for laser and energy-based devices, so obtaining one may be required in order to operate them legally.
Licensing
Before Covid-19 came into being, you could find a laser hair removal salon or spa on every corner in New York City. So popular was this service that even many doctors, cosmetic dermatologists, and plastic surgeons provided it in their offices. However, unlike in the Wild West era of tattooing, most states had no regulations in place that governed this practice which can lead to discoloration or burns if technicians lack appropriate training and equipment. But that is changing now! The state legislature of North Dakota is considering a bill that would mandate salons and technicians be licensed, undergo state-approved training and exams, as well as carry a minimum US$1 million (NZ$1.3 million) liability policy policy to help drive out less reputable providers, according to salon owners, medical experts, and attorneys following this issue. This legislation may help curb less-than-reliable providers.
However, the proposal’s passage remains uncertain due to opposition from state physicians’ lobby who view laser hair removal and similar treatments as medical rather than aesthetic procedures. According to the state Board of Medicine, such procedures are considered ‘practice of medicine’ and should only be carried out under medical supervision or performed directly by physicians themselves.
Due to a lack of federal laws regulating cosmetic laser use, individual states are responsible for developing and enforcing their own regulations regarding laser cosmetic use. At present, 44 states mandate providers holding a medical-aesthetics license be issued before operating any laser hair removal and other treatments equipment; such a license typically entails both training in laser technology as well as being licensed as either a doctor or nurse.
Texas and Georgia allow non-physicians trained at an approved national laser school to administer cosmetic laser treatments under the supervision of a physician or registered nurse, while other states prohibit this procedure entirely. Some have stringent requirements regarding who must perform these treatments – for instance requiring one such as having an MD present during treatment sessions.
Many of these issues are intricate and involve various groups with competing interests, so it is wise to consult a national training institute about your specific laws in your region. The Food and Drug Administration has issued specific policies regarding legality of laser procedures; your training program should cover them.
Training
Laser hair removal is an increasingly popular aesthetic procedure that requires significant training before you can offer this service to clients. Some states mandate an esthetician or cosmetology license, while other require more stringent credentials such as master cosmetologist license or physiology and anatomy degrees. Some aesthetic laser practitioners require an adequate number of training hours in order to become certified as aesthetic laser practitioners, which ensures only qualified individuals operate the equipment. Some states also mandate consultation with each client in order to assess the area they wish to treat and explain any associated risks. Furthermore, the Food and Drug Administration has strict legal policies regarding laser technology which should be covered as part of your training.
Most states treat laser hair removal like any other medical procedure, requiring that it be performed only by doctors or physician assistants. Some states however have laws which permit non-physician providers to administer certain laser treatments supervised by physicians who can delegate firing of the laser beam to individuals with adequate training.
New York considers Class IIIb or IV laser use to be medical practice and only licensed physicians can utilize these lasers, however a handful of states allow estheticians with additional training to use these lasers as well.
New York legislators have been working on a bill that would create a licensure procedure for laser hair removal services similar to electrology, including master estheticians performing the service as it is part of their advanced training courses. While it hasn’t passed yet, it is a positive step. In the meantime, it is wise to familiarize yourself with state laws and regulations, as well as seek national certification to give yourself the confidence to provide laser hair removal in your salon services.
Insurance
Laser hair removal markets have seen rapid expansion while remaining unregulated; this may soon change. A bill has been proposed in New York State legislation which would create licensure procedures for laser hair removal technicians and facilities where they practice, with licensing fees, minimum training requirements, supervision oversight obligations, and liability coverage requirements being stipulated as requirements for licensure. It remains to be seen if this bill becomes law; if so it could significantly impact medispa operations across New York state.
Laser tattoo removal businesses should always carry general liability coverage. Also known as commercial general liability or business owners policy (BOP), this insurance protects businesses against claims such as slip and fall injuries or property damage, among others. Standard insurance providers usually offer these policies; for maximum effectiveness it would be wise to find an insurer who understands medispa operations specifically and can write custom policies to accommodate their equipment, like lasers.
BOPs also typically cover property and workers’ compensation insurance – essential components for personal care businesses which rely heavily on employees to operate efficiently, and these policies provide essential protection in case an employee gets hurt or property is lost or destroyed.
Cosmetic lasers were initially regulated as medical devices when they first came onto the scene in the 90s. Since then, most states consider cosmetic laser treatments medical procedures and most physician practices incorporate them into their services; this allows physicians to claim reimbursement through malpractice insurance as well as use their credentials when defending against malpractice suits.
Without significant regulations, laser hair removal has devolved into an unregulated Wild West industry with few laws, high risks for consumer injuries and minimal record keeping. Personal injury lawyers have often had to turn away injured clients who weren’t covered by insurance; as more state governmental and regulatory bodies draft laws regulating laser hair removal practice, consumers will gain more trust in this process.
Safety
Laser hair removal has quickly become one of the world’s most sought-after cosmetic treatments. Used to permanently reduce unwanted facial and body hair, laser hair removal offers safe yet effective removal from unwanted body hair. While its results may speak for themselves, any form of cosmetic procedure comes with risks.
When choosing a laser hair removal provider, it is imperative that the procedure be conducted by certified laser technicians and licensed aestheticians. This will ensure the procedure is conducted efficiently and safely – leaving you satisfied with your results! Additionally, make sure the provider you select boasts experience and an outstanding safety record.
Many may be unaware of the fact that performing laser hair removal in New York State involves adhering to specific regulations and safety protocols, which must be observed for optimal safety and effectiveness of treatment. Understanding these laws will help ensure you receive optimal care during this process.
The FDA considers aesthetic lasers medical devices, since they’re used on living tissue (hair follicles). Yet despite numerous laws regarding their use, salon owners usually don’t require any license to operate them – especially those lasers designed for appearance-enhancing treatments like tattoo removal, scar and wrinkle reduction, vascular lesions removal and skin tightening.
These devices are extremely powerful and can cause serious injury if misused incorrectly, although news coverage tends to focus on dramatic mishaps that cause discoloration and burns; in reality, most salon-related laser injuries result from equipment fault rather than technician error; a bill currently under consideration in New York may help drive out some offenders but cannot guarantee this lucrative industry is free of accidents.
Consumers should exercise extreme caution when opting for laser hair removal treatments without medical supervision from either a registered nurse or physician. To minimize side effects such as burns, blisters and scars from these services, consumers are best off choosing an established laser clinic like NYSVC that employs expertly trained laser nurses.
