March 8, 2010

Estheticians and Cosmetologists Cannot Perform Laser Hair Removal

Under the Barber, Cosmetology, Esthetics and Nail Technology Act of 1985, 225 ILCS 410/1 et seq., licensed cosmetologists “are prohibited from using any technique, product, or practice intended to affect the living layers of the skin.” 225 ILCS 410/3-1. Removal of unwanted hair involves affecting the dermis, which is a living layer of the skin.

The Act states that the “term cosmetology includes rendering advice on what is cosmetically appealing, but no person licensed under this Act shall render advice on what is appropriate medical treatment for diseases of the skin.”

Only persons who are qualified and under the supervision of a medical doctor may perform laser hair removal. A physician may “delegate the performance of non-ablative procedures to a licensed practical nurse, a registered professional nurse, or other persons” with on site supervision by the physician or by telephone or other electronic means. 68 Ill. Adm.Code § 1285.336(b)(3)(B). Before the physician delegates the use of laser, “[t]he physician must examine the patient and determine a course of treatment appropriate to the patient prior to any ablative or non-ablative procedures.” 68 Ill. Adm.Code § 1285.336(b)(3). The person delegated the authority to perform any laser procedures “must have received appropriate, documented training and education in the safe and effective use of each system utilized.” 68 Ill. Adm.Code § 1285.336(b)(4)

If you are contemplating laser hair removal procedure, investigate the spa and the technician who will perform the procedure. Remember that having a license in Cosmetology or Esthetics does not render a person qualified to perform laser hair removal on you.

If you have been injured during laser hair removal performed by an unqualified person, contact us to discuss your legal options.

Posted by Zneimer & Zneimer, P.C. | | Email This Post

Posted In: Burn Injury , Laser Burns

Bookmark and Share

March 7, 2010

Laser Hair Removal Can Cause Burn Injuries

Numerous spas have cropped up in Chicago and the suburbs, which advertise laser hair removal services. Some of these spas call themselves "medical spas" and declare that they use FDA approved lasers, and that therefore the laser hair removal performed at the spa is safe, guaranteed, and FDA endorsed. They claim that their hair removal service is "non invasive" and specifically designed to safely remove hair.

However, these claims are misleading for several reasons.

First, hair removal is invasive as the hair root is located within the dermis, which is a living layer of the skin.

Second, the FDA does not guarantee safe laser removal. The FDA considers all laser hair removal devices as medical devices. The agency regulates their manufacture, labeling, and servicing.

Third, Illinois considers the use of lasers as a "practice of medicine, which shall only be performed by a physician licensed to practice medicine.” 68 Ill. Adm.Code § 1285.336(b)(2).

The notice of proposed amendment to the regulations acknowledges the misuse of lasers by unqualified persons: "Lasers are frequently used in “medical spas” to remove hair, birthmarks or previously applied tattoos. The misuse of laser equipment by inadequately educated or trained individuals without adequate physician supervision can result in permanent scarring, long-term pain or even misdiagnosed cancers. This proposed amendment clarifies existing law and the longstanding position of the Department and the Medical Disciplinary Board that laser equipment, which affects living layers of skin, is a medical device and must only be used with direct supervision by a physician." 32 Ill. Reg. Sec. 4127 (Mar 21, 2008).

Lasers can cause serious burns, scars, infections, and discolorations. It is not uncommon for victims of unqualified technicians to end up in the burn unit of a hospital with blisters and lasting disfigurement.

Before going for a hair removal procedure, make sure that the technician who will work on your skin is qualified and works under the supervision of a medical doctor. Before subjecting yourself to laser hair removal procedure, a physician must examine you to ensure that you are an appropriate candidate. Many factors can affect how your body will react to a laser light, including certain medications, prior sun exposure, medical conditions. The laser technician must perform a patch test on a small area of your body prior to hair removal. The technician must have sufficient training and must have a medical education. Don't forget that laser hair removal affects the living layers of your skin. It is invasive, dangerous, and harmful if performed by unqualified person. Instead of losing your hair, you may lose your skin.

If you have been burned by a hair removal procedure contact us to explore your options.

Posted by Zneimer & Zneimer, P.C. | | Email This Post

Posted In: Burn Injury , Laser Burns

Bookmark and Share


Peter Zneimer


Sofia Zneimer

Subscribe

Subscribe to the blogs's ATOM feed Subscribe to the RSS feed

Subscribe

Contact Us

Nuestro blog en Español

Recent Entries