Why California Has Strict Laws Regarding Laser Treatments and Injectables

By Brian Lett
11 Min Read

Why California Has Strict Laws Regarding Laser Treatments and Injectables

Laser treatments can be an excellent way to address skin sagging and discoloration, but it is crucial that you are aware who will be holding that laser beam for you.

Medi-spas provide services like laser hair removal, spider vein treatment and tattoo removal that have become popular services, yet according to California law only a licensed physician or someone under their direct supervision can perform procedures involving lasers.

1. They Are Strictly Limited to Medical Professionals

When seeking laser treatments to enhance your appearance, it’s crucial that you thoroughly research both the type of laser device used and practitioner who will perform the procedure. A qualified healthcare provider who has an impressive track record with regards to successful treatment outcomes is key in order to get optimal results from this type of procedure.

At present, the medical industry is a multibillion-dollar business, and aesthetic procedures such as hair removal and laser-assisted liposuction have experienced dramatic surges in demand and popularity. Due to this rapidly expanding business sector, regulatory agencies are struggling to keep up with laws and guidelines surrounding who can provide these services; unfortunately due to rapid industry expansion some clinics and spas are taking shortcuts by hiring uncertified staff for these laser services.

According to the California Medical Board (MBC), only physicians or those under their direct supervision can perform laser treatments. MBC highlights this important fact because improper handling of laser devices could potentially result in serious harm if their handler lacks experience and training for conducting safe procedures.

Lasers used incorrectly can lead to severe burns, permanent scarring and eye damage if they are used improperly. The settings on each laser may need to be customized depending on what condition is being treated in order to provide safe handling; only experienced healthcare providers are qualified enough to do this effectively.

Unfortunately, many of those allowed to operate laser equipment at MedSpas are unqualified to operate it safely; as a result, patients seeking laser treatments at these establishments run the risk of severe complications, including burns and scarring.

Arizona residents visiting MedSpas for laser hair removal or spot treatment run the risk of being burned by unlicensed laser technicians, possibly leading to permanent scarring and nerve damage as a result. Although MedSpas are profitable businesses that satisfy customer demand, their safe operation requires adhering to stringent guidelines set out by state medical boards representing doctors, nurses and other healthcare providers.

2. They Are Strictly Limited to Registered Nurses

As a Med Spa owner or investor, you understand the potential of medical lasers is enormously lucrative. Used to remove hair, tighten skin and treat acne scarring – among other aesthetic treatments – lasers offer tremendous versatility in aesthetic treatments. Unfortunately, not everyone has received enough training on safe laser operation; improper usage has been reported as leading to burns, scarring and even permanent nerve damage in severe cases; so these risks must not be taken lightly.

Though the FDA has set minimum standards for medical lasers, individual states are ultimately responsible for deciding who can operate them. While some states provide loose supervision that allows non-physician owners to run Med Spas without physician oversight; others do not at all; for instance Arizona enacted laws restricting its practice to licensed professionals like registered nurses, nurse practitioners and physician assistants only.

California laws mandate that only licensed physicians or physicians may operate and own laser clinics, with Botox, dermal fillers and laser procedures classified as medical treatments and only being administered by authorized healthcare practitioners with present during procedures.

State regulations concerning laser operation are intended to safeguard consumers against unqualified technicians and injuries associated with laser usage, but also provide nurses with training in medical-grade laser use a valuable service.

Consumers have grown increasingly alarmed at incidents involving improper use of medical-level lasers. Furthermore, they fear being left with unsightly scars or complications after treatments that went wrong at medical spas.

Patients want the confidence of knowing they’re receiving treatments from trained, licensed professionals. Therefore, it is imperative that your Med Spa employs registered nurses with appropriate certification and training who have undergone cosmetic injections and laser treatments – this way you’ll know you are protecting clients’ health and safety. In addition to making sure RNs possess these credentials, having a clear patient intake process is also key in order to avoid conflicts of interest that may arise between treatments and clients.

3. They Are Strictly Limited to Physician Assistants

Lasers have long been utilized both within medicine and aesthetic settings like “Med Spas” to remove dark spots, tighten skin and more. While laser treatment services represent a multi-billion dollar industry in the US, there remains significant ambiguity around who can provide these treatments.

Although the federal government has set some guidelines regarding who can use lasers, much of the decision making remains up to individual states and can differ significantly between them. Arizona for instance offers anyone interested in operating lasers a license provided they complete training including 64 hours of classroom education on how treatments work followed by 24 hours of hands-on experience.

Lasers may only be operated in certain states by medical professionals such as registered nurses, nurse practitioners, physician assistants and doctors; however, even these requirements aren’t universally enforced in all areas. As a result, there have been an increase in clinics offering potentially hazardous aesthetic laser procedures which pose risks to consumers.

As with any medical treatment, there is the potential risk of serious injuries and even death from receiving aesthetic laser procedures in a medical spa or clinic. Consumers should do their homework prior to undertaking any aesthetic laser procedure and ensure their practitioner has been licensed by their state as required.

Consumers should remember that many states prohibit staff at Med Spas from sharing commissions and/or referring patients for laser treatments. Paying staff a percentage of client fees could expose physicians and the Med Spa to lawsuits from medical boards in their states as well as fines.

Medical spas should make sure all laser practitioners are licensed and properly trained on the devices they are using. A physician should never delegate ablative laser treatments to non-physician advanced health care providers or nurse practitioners as this could result in permanent scarring, disfigurement and even death; that is why the American College of Surgeons advises only doctors should perform such surgeries.

4. They Are Strictly Limited to Doctors

Laser treatments have become an increasingly popular choice for med spa clients, making it difficult for state regulatory bodies to keep up with who can use lasers. Many consumers spend a great deal of time considering which laser they wish to use but fail to check qualifications of those holding that laser. Without knowing what signs to watch out for when receiving their first treatment session, consumers could be in for an unpleasant surprise when receiving one!

Microdermabrasion is a popular medi-spa procedure used by those seeking to reduce fine lines and wrinkles, fade scars, clear up acne or smooth out melasma. But while this cosmetic treatment doesn’t penetrate the skin directly, when medical spas offer Botox or dermal fillers as part of a medical spa package they are actually treating living tissue that requires medical experts with Texas Botox Certification Requirements in place to perform this type of therapy.

Medical professionals performing any kind of treatment in a med spa must be accountable to every patient they treat and be able to answer all questions related to the procedure they’re performing. HIPAA regulations must also be strictly observed as well as anti-kickback laws are adhered to. Furthermore, California’s Business and Profession Code states that only physicians can own medical practices or corporations; with exceptions granted by state medical boards for Registered Nurses, Licensed Vocational Nurses or Physician Assistants to work alongside them.

These rules have been put in place for patient safety. There have been multiple reports in the media detailing patients who experienced serious complications after receiving injectables from unqualified providers, which is why the American Medical Association advocates for patient care led by physicians, who possess unparalleled training as health care providers. Without their medical care services they could end up losing their vision or experiencing other potentially life-threatening side effects that require doctors’ expertise to treat.

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