I was in a Med spa the electrologist / laser technician was performing fractional and treating hyperpigmentation with her Palomar IPL machine. She is not a Medical Esthetician or skin trained at all. Is this out of her scope of license in the state of Florida?

I'm not in Florida but it sounds like your esthetician friend is practicing medicine without a license.

First, as I understand the law, she can not legally own that class of medical device if she's not an MD or DO. Second, unless she's overseen by a physician for every treatment she's certainly outside the ethical and legal bounds of her scope of practice.

But, Florida is something of a wild card as seen on these boards in the past with the chiropractors who are operating down there. At the very least there would be this question: Who is providing 'Medical' malpractice insurance for the medical treatments she's performing?

That's a good way to get arrested in Florida for practicing without a licence. The last time, an electrologist was charged and held on $15000 bond. This was for doing hair removal with no MD on premise.

Florida is very clear on who can use lasers and what medical practice is.

I guess its all good and considered "a grey area" until someone blows you in. Then the DOH shows up with the Sheriff.

Marlena
It varies from State to State. For instance I live in New Jersey and only a doctor can perform laser procedures. But across the river in New York a certified tech can. You have to check with I would guess the agency would be the State Department of health in the State you want to work.

Texas recently passed a new law on the subject of the legal operation of lasers. The new law is similar to Arizona -- but they clearly do NOT permit any non-physicians to do "ablative" procedures such as laser resurtfacing. You can GOOGLE "State of Texas legal operation of lasers" and you will probably find the new statute.

I'm currently an Aesthetics Student enrolled in a Paramedical/Laser course, according to what they are teaching us is the course no state has passed any law stating other wise. In my state, New York, you could literally walk off the street and use a laser and it would not be illegal. The new "regulation" that they are trying to pass is thay anyone can do it, they just have to have medical supervision. What they have failed to do also is futher their explination of what supervision means either, and with the way its worded all you would have to do is have a Doctor that you can text message if something goes wrong just for the purpose of appeasing your insurance companies It's a very touchy subject up here right now (and I'm sure anywhere) because of the huge lawsuit that is going down with a large company in New York City (can't remember the name).

Emasi: Would you pick up a scalpel and open up someone on an operating table? Would you attempt to intubate someone? Most non-medical people would instantly answer both questions "no". But if you take a look at virtually any states laws and regs defining "the practice of medicine"-- the operation and use of a medical laser is clearly defined as "the practice of medicine". A few states have made some special exceptions for using a laser to remove hair, but I have never seen a state permit a non-medical person to perform an ABLATIVE laser procedure. Check it out with a New York attorney before you put yourself - and your patients - at risk. Ignorance of the law is no excuse... if you get busted.

Beauty Source: If you post an e-mail address I can send you the regulations. I am a collector....