I am of the pinion…all laser operators who are not licensed by the state will be out of business before long. They exist because of the distorted definition of the word “supervision” (similar to the distorted definition of PERMANENT REMOVAL when discussing and/or selling laser procedures. They do not know the definition of the word but have devised their own definition for their own self interests with no regard for the patient. This is a violation of all professional and business ethics in a professional business agreement where the client pays in advance to have some work done on her for a specified amount and expects the work to be completed in a legal, professional manner by skilled operators, who are licensed by the state agency that oversees licensing of medical and surgical procedures with licensing requirements that protect the patient by requiring a proper level of training by licensed teachers in a licensed school because lasers are NOT “non-invasive”. They are surgical devices regulated by FDA. The FDA list of side effects that accompany the LABELING OF THESE MEDICAL DEVICES spells this out explicitly.
FDA has established that “lasers are prescription devices that can not be sold to or used by anyone other than those licensed to use them in the states where they are licensed to practice. If a licensed physician allows his/her employee to use the laser the physician must supervise the procedure”.
When a free standing clinic, spa, hair removal facility or other establishment that utilizes a laser to remove hair, wrinkles, resurface skin, remove spider veins, skin tags, acne, tatoos, hemangiomas and/or other skin problems of a cosmetic or, medical nature and advertises they have a “Medical Director” or “MedicaL Advisor”, they have to notify the patient, before treatment begins, this advisor is not on site but is available for consultation.
The definition of SUPERVISE and/or SUPERVISES is clearly spelled out in any and all dictionaries of the English language.“A critical watching and directing as of a course of action”, “to OVERSEE”, “watch”, “examine”, “inspect”, “superintend”, are all synonyms for “supervise”, “or the act of supervising”. All definitions do not include any suggestion or hint of “off site” supervision or even for the supervisor to be in an other room in the same building. This will eventually be decided in court unless the Director of the State Professional Licensing Board acts in accordance with the powers that go with the office.
This is only an opinion, however, the number of suits and the size of them is too costly for the insurance companies to handle, consequently, they stopped accepting malpractice insurance from unlicensed electrologists. They are risking their homes, cars and any savings to continue a laser practice without the legal authority to do so.
Nurses and Nurse Practitioners in Massachusetts decided one day, that laser surgery was within their scope of licensing without any rules or regulations as to the necessary training to do this surgery. There was no law passed by the legislature to support this. Next week they will decide they can do brain surgery. They have absolutely no authority to do this or laser surgery.
