I am having great difficulty in believing why so many medical professionals are conveying conflicting stories. Usually when one is in busienss, although state regulated, the following question would be pretty cut and dry. I am learning differently thereby questioning the entire medical field as it relates to things you would think all would know. This is not a subjective question with curves or it depends nonsense.

My most simplest question is this:
Can a facility which has intentions of removing tattoos only by way of the Medlite C-6 laser need a medical director on staff 50% of the time. I know we need a medical director and understandably so. But now I am hearing one needs to be in the building 50% of the time. The reason I question this is why wouldn't it be required 100% if such a requirement exists. Common sense tells me that patiets may be at 50% risk. Please advice so such information can be once and for all determined/conveyed. Upsetting to hear so many opinions when one woulf think such a simple situation/question is so cut and dry. I am not referring to anything else except tattoo removal. even so, i still say all you need is a medical director with experienced consciousness techs.
Thank you, John

John,

It would be nice if it were cut and dry. It is not the physicians making the rules it is the state legislatures. State legislatures are the ones that pass vague legislature that can be read to mean different things.

So, my recommendation to you is to contact a good lawyer that has experience in the medical field in your area and have him/her give you an answer. The regulations are dependent upon which state you live in.

This is not the place to get legal advice that you are going to use. You can get some insight from here but not the definitive answer.

Yes, I can understand the different laws are geared toward different states. However, having been in business for 25 years, I have never heard of such a simple question and so many answers. In your field, I would agree with most. To be certified in removing tattoos, have an MD within let’s say the company, I wish a lawyer could tell me well, it depends.

Please remember, I am not asking to do any other services, we are speaking in the state of MI, have obtained certification for tattoo removal only, use a laser machine, I am still not sure where anything depends on this situation. Could anyone give an example as to this situation only?

Of course the tech is over 21 years of age if that criteria makes any difference. If that was a requirement, no certificate would ever be issued. I cannot believe the law is this different (IN THIS SITUATION THAT IS). If this ONE question and ONE situation cannot be answered because of law, a sad day it is for us, field day for the attorneys
John

Now you understand John. The lawyers are the ones that make up the rules. They want us to have to contact them to ask them these kinds of questions. Another option is to call your state medical board and the board that credentialed your tattoo removal tech. They will likely give you the same answer "they don't know" or neither of them will give you a straight forward answer.

Jeff,
I do appreciate the editing and I hope all could understand why I became shocked to say the least. I certianly agree and support the idea of a MD being involved. It was being in the building 50% of the time that really started making me think something is really wrong here. Thanks for the clarification.

John: I am a lawyer and I have checked a number of state statutes and regs on the legal ins and outs of the use of medical lasers. Please believe me when I tell you that in many states the answer to your question is - unfortunately - quite complex. In Minnesota, for example, you need to look at over six separate statutes and -- depending on the circumstances -- the answer I would give a client is not always black and white. There are many shades of gray. In many cases the laws and regs have simply not kept pace with technology and the way the practice of aesthetic medicine is typically done in the real world. The advice LH gave you the other day is sound. If you want to be on firm footing you should retain experienced legal counsel.

med/spa guy
I do completely agree with you. I cannot convey enough how much attorneys have helped me. In business for years, I am always covering myself as I believe one should make it a practice to do so. Hence, do you or anybody know of an excellent attorney who practices in Michigan as it relates to the use/regulation/requirements involved with medical lasers including but not limited to such questions as how one protects medical directors from liability issues.

Also, please really consider the word excellent verses an attorney who is good. I would like to see an attorney who concentrates specifically in this area and only this area. Thanks for all your help. Thus is a great informational website. John C

John,

I'm curious as to how you resolved this? Where did the 50% attendance come from? I'd like to communicate further with you.

Thanks,
Scott