Laser therapy is generally divided into two categories: (1) Non-ablative, cosmetic lasers and (2) ablative cosmetic lasers. Non-ablative lasers penetrate skin layers below the epidermis layer to stimulate healing properties, like collagen production, without damaging the skin’s epidermis layer. By contrast, ablative lasers typically involve damage to or removing the epidermis, or “vaporizes tissue,” as the Georgia Composite Medical Board puts it.
In Georgia, for example, the Medical Board has Cosmetic Laser Rules that generally govern non-ablative lasers, while ablative cosmetic lasers fall under general rules for practicing medicine. This blog addresses non-ablative laser therapy. This blog covers two considerations that med spas should consider before offering non-ablative laser therapy. If you need assistance setting up a med spa to provide non-ablative laser therapy or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
First Consideration: Certain Licensed Professionals May Require a Laser Practitioner License to Provide Non-Ablative Laser Therapy
Several states, including Georgia, require certain providers, such as registered nurses and estheticians, to obtain licensure as a laser practitioner before administering cosmetic laser services, which are defined as “nonablative elective cosmetic light based skin care, photo rejuvenation, or hair removal using lasers or pulsed light devices approved by the United States Food and Drug Administration for noninvasive procedures.” Physicians, physician assistants (PAs), and nurse practitioners (NPs), by contrast, do not require a laser practitioner license, provided the PA has an approved additional duties request and the NP has an approved Form C. PAs and NPs, however, require a senior laser practitioner license if they will be supervising assistant laser practitioners.
Second Consideration: Non-Ablative Laser Therapies Can Be Split into Certain Categories, Which Govern Scope of Practice and Supervision Requirements for Certain Practitioners
Non-ablative laser therapies cover a broad array of laser treatments, and some laser treatments are more invasive than others. In Georgia, for example, the Medical Board has created two categories of laser treatments containing certain requirements for assistant laser practitioners. Category 1 includes laser hair removal and intense pulsed light services, which do not require a good-faith exam or onsite supervision from a senior laser practitioner or physician. Category 2 includes any other cosmetic laser services, including laser skin rejuvenation, radiofrequency microneedling, body sculpting, non-ablative skin resurfacing, non-ablative laser skin rejuvenation, etc., and therapies in category 2 require a good-faith exam by a licensed physician, PA, or NP, and assistant laser practitioners can perform category 2 therapies only with direct on-site supervision.
If you need assistance setting up a med spa that offers non-ablative laser therapy, or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.