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Medspa Legal & Legislation > NY Ruling for Lasers & Aestheticians 2010

http://docs.dos.ny.gov/ooah/decisions/Appearance_enhancement/2010/Padolfo_Aurora.htm

"III- As testified to by Walter Ramos, Esq., RN, Executive Secretary of the Board of Medicine, Medical Physics, Athletic Training and Dietetics and Nutrition of the State of New York, an appointee of the Board of Regents, it is the position of that Board that the use of a laser or non-ablative radio frequency procedures, including Thermage, to treat any medical condition, including the removal of wrinkles and spider veins, is the practice of medicine, and the practitioner must be a physician, or a nurse practitioner supervised by a physician, who is licensed by the New York State Department of Education, and no corporation or limited liability company other than a professional corporation or limited liability may pay a physician to perform such procedures. See Education Law §§6521 and 6522"

Given above for NY State, it does seem that the practice of certified aesthetician operating lasers on a patient/client for a medical condition to not be legal; even within a medical practice with a physician on premise. Am I reading this NY Administrative Hearing conclusion correctly?

Since this 2010 ruling for NY State, is anyone aware of any progress to expand the scope of the aesthetician's license toward operating lasers independently other than for laser hair removal?

Thanks in advance.

05.11 | Unregistered CommenterDan in NY

New York is pretty draconian on this stuff which is why there are lot of clinics in NY and CT that cater to NY patients. Having a physician push the button on and IPL is just dumb.

It is the illegal practice of medicine for an aesthetician to use a laser in this state. There was a time when they said laser hair is acceptable then took it back now its in limbo. Aestheticians can use IPL

Now the rub , the state could care less. There is virtually no enforcement of the law until a catastrophic injury occurs as in a recent patient blinding. However they will work to close just that establishment and not nip the problem in the bud.

There are non medical practices being closed only to reopen in another town with another name.

07.8 | Unregistered CommenternYMD

nYMD,

I have since found this web page. The linked .pdf stated that "On this record, there is insufficient evidence upon which the (State Education) Department can rely to determine whether the use of laser or laser-like devices by appearance enhancement licenses to perform non-invasive cosmetic procedures constitutes the unauthorized practice of medicine."
https://www.kirschenbaumesq.com/article/pdf/002371-appeal-decision.pdf

This is a 2012 NY state ruling of aestheticians use of cosmetic lasers not being the practice of medicine. If you or anyone know of a more recent evolution of this position, please update us.

07.24 | Unregistered CommenterDan in NY

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