Two Considerations When Offering Ablative Laser Therapy as Part of Your Practice

Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. In particular, our clients often ask whether they can offer laser therapy as part of their practice. Laser therapy is being offered at med spas as cosmetic procedures and carries legal risks.

Our previous blog post discussed non-ablative, cosmetic lasers, while this blog post discusses ablative cosmetic lasers. If you need assistance setting up a practice to provide 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: Providing Ablative Cosmetic Lasers Constitute the Practice of Medicine

Unlike non-ablative cosmetic lasers, which do not damage the skin’s epidermis layer, ablative cosmetic lasers, such as carbon dioxide and erbium lasers, typically involve damage to or removing the epidermis. As a result, providing ablative cosmetic lasers fall under general rules for practicing medicine. The Georgia Medical Board has more restrictions on ablative cosmetic lasers than on non-ablative cosmetic lasers, such that, for example, a senior laser practitioner entered into a Consent Order for operating without a license when the practitioner used CO2 ablative lasers because using CO2 ablative lasers “is the practice of medicine.”

Second Consideration: Practitioners Should Consider Their Scope-of-Practice Rules Before Providing Ablative Cosmetic Lasers

Because providing ablative cosmetic lasers falls under the practice of medicine, practitioners need to consider whether providing ablative cosmetic laser therapy falls within their scope of practice. In Georgia, for example, the Georgia Medical Board has said the following practitioners can perform ablative cosmetic laser procedures: physicians, physician assistants with an approved job description and additional duty request, and nurse practitioners with an approved nurse protocol agreement and Form C with additional procedures.

Notably, because performing ablative cosmetic laser therapy is considered the practice of medicine, the provider (physician, physician assistant, or nurse practitioner) must also perform a good-faith exam on the patient before providing the ablative cosmetic laser therapy.

Providers also must consider whether they can delegate the performance of ablative cosmetic laser therapy to other licensed individuals, such as registered nurses. In South Carolina, for example, physician, physician assistants, can delegate the performance of non-ablative laser therapies to other licensed individuals, such as registered nurses; however, it does not say whether providers can delegate the performance of ablative cosmetic laser therapies to registered nurses and other similar licensed individuals.

If you need assistance setting up a practice that offers ablative cosmetic 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.

 

 

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