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Medspa Legal & Legislation > Does the MD have to be 'physically' on the premesis to perform procedures?

While injections, peels, and IPL is being done (Laser only by MD), is it legally OK if he can be reached at any moment while the facility is open?
Hi CNS,
In my state. No. If it's a medical treatment of any kind (requires a MD or DO to perform or oversee) they must be physicially on site and have seen the patient before any treatment. Phone calls are not enough.
You will have to check the laws in your state. Also, ask your nursing board for clarification regarding cosmetic procedures. In some states, only doctors can perform Botox, IPL, etc.
I have heard that there are regulations restricting ownership of laser machines by Registered Nurses.

Does the Med. Director have to have ownership or a controlling percent of the equipment?

I am doing some research prior to opening up a "Med Spa" and this issue was brought to my attention..

I have not found anything regarding this through the Cal Nursing Board..

Can anyone shead any Laser Light on this issue?

Thanks! SoCalRN

08.17 | Unregistered CommenterSoCalRN
Hi SoCalRN,
My understanding is this: Medical devices like lasers, Thermage, IPLs, Fraxel, etc, must be owned by physicians. They are medical devices regulated by the FDA. Im not personally aware of any state where this is not the case.
in a medi spa under the direction of a md, can a rn
perform botox, restylane and treat with a ipl. if the md isn't on premises at all time.
Hi rn in california,
You will have to check with your state but if you are treating patients without them being seen by a physician before every treatment, I think you're at risk. If your licensure won't allow you to prescribe treatment, you can't treat on your own. It's the physicians licensure that allows treatments to be performed.

You're asking about different treatments. Check with your state directly. Never take what you read on a blog as gospel.
You can go to your state medical and licensure website and then go to search box. Input Laser Hair Removal and I have found that in Texas that there is not hard and fast regulation in place that says an MD must be present for oversight. In fact the regualtion that was attempted has come up against legal battles and the enactment has been stalled for the last two years at least.

I hope this helps.

RWS
10.10 | Unregistered Commenterrws
I am a PA-C considering employment in a Pennsylvania Medspa under the supervision of a DO. Does the DO need to be on the premises to perform procedures?
Check with the state but... In most states a PA and NP can provide oversight to perform treatments. It's just like any other medical situation. If your state allows you to practice without immediate oversight you can. Again, check with the state and read all of the legal posts on this site.

Im an R.N in Florida and I want to open a med spa, I will be doing injections but no lasers. Does my medical director have to be onsite?

08.16 | Unregistered Commenterjmf

Yes, your MD needs to be physically on-site. In Florida, that's known as "direct supervision". Ideally, he/she should evaluate each patient, order the treatment, and then that injection can be delegated to a suitably trained RN.

08.16 | Unregistered CommenterTF

What if your a nurse practioner? Also, if you own a med spa and your plastic surgeon/medical director uses it as a second office, can you just schedule injections on the days he is there?

08.16 | Unregistered Commenterjmf

If you are a NP or a PA, the situation is different. Provided you are working under the appropriate protocol / arrangement with a supervising physician, you could be much more independent with your scheduling & practice.

Alternatively, just schedule the injections on those days when your MD is on site, as you suggested.

08.16 | Unregistered CommenterTF

SoCalRN:
I'm not so sure who "owns" the box is the problem. For example you could have taken out an "equipment loan" from a bank and be responsible for the payments yet have a working relationship/ arrangement with an MD (hopefully a core MD) working in his office. Ergo, you "own" the box.

I believe you are missing the point here. Lasers and pulsed light devices are PRESCRIPTION DEVICES. Federal law restricts the sale of these devices to health care professonals-- and then I believe defers to the medical boards of the various states in order to determine exactly who can legally purchase and/or operate the device. With sales being made every day over the Internet these laws are- of course- being violated all the time. The next step is to obtain professional liability insurance to protect yourself from possible lawsuits, etc. Most of the reputable insurance companies will want some assurance that the device is being operated legally.

A PA (or NP too I believe) does NOT need an MD/DO to be on-site when injecting fillers or botox or performing laser services, at least in Florida. Everything we do is on behalf of our supervising physician, and our practice law says the MD/DO only need be available by some means of telecommunication (i.e. - phone, email, etc).

For Texas RNs: Laser Hair Removal by RNs is regulated by both the nursing AND medical boards. The Texas BNE has its own rules AND then they tell you to also abide by the Texas Medical Boards. The Medical Board differentiates betw 'ablative' and 'non-ablative.' Currently, LHR is considered 'non-ablative.' Basically, any NP or PA may do LHR under 'supervision' of an MD and the MD does NOT have to be physically present in the clinic. The MD generally just signs off the records by the NP or PA. If you are 'only' an RN, the MD has to be physically present 'in the building' and immediately available. Notice I mention 'in the building.' This has been translated by MDs that the RN can do LHR on the 2d floor of a clinic if the MD is on the 23d floor seeing his internal med patients. And yes, there is an MD in TX who is fighting the medical board as the medical board is attempting to regulate the use of lasers to those who are under the DIRECT supervision of the MD. This particular MD uses medical assistants (9months of Medical Assistant School) to do all of the laser hair removal (with kickass Candela's and Cynosures Alex and nd-Yags). The MD is 600 miles away. The only one supervising these Med Assts is a RN and in fact,the RN 'oversees' three other clinics in the area so it is way obvious that this RN cannot even supervise the laser procedures being done by the medical assistants. Each of these clinics see about 30-40 'clients' per day and MA's are paid 9.50 per hour. What a sweet deal for the MD, heh? So, there is always a way to get over the system as evidenced by this MD and the conflicting regulations by the nursing and medical boards.

What about in the starte of wisconsin? An RN or Aesthetician? For example, can an aesthetician preform thermage with only an RN on site?

12.12 | Unregistered CommenterCT

If you check the Wisconsin statutes - usually the law or regs which define the practice of medicine, etc., it is probably stated-- as it is in most states-- that the operation of a laser (usually any light-based device also) is considered "the practice of medicine". Most states then discuss whether or not the doctor can delegate, abd if so to whom, etc. If delegation to nurses, P.A.'s, etc. is permitted, you then need to research the laws and regulations concerning their conduct, Just finding the correct law in your state is rather difficult. Minnesota law is very puzzling in this regard. Throughout the U.S. many people are currently flying under the radar. It only becomes a problem when someone files a complaint and the authorities call you to the carpet. Oftentimes the insurance companies will also require compliance in order to provide professional liability coverage.

What about in the state of Maryland, what are the laws regulating injectables and use of laser for R.N.'s

10.24 | Unregistered CommenterMary R.N.

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