Today, physicians and medical spas are offering laser hair removal (“LHR”) services. However, authorizing non-medical professionals to perform aspects of these procedures could cost a physician his or her license and more.
In New York it is professional misconduct for a physician to permit, aid or abet an unlicensed person to perform activities requiring a license[i] or to delegate professional responsibilities to a person the licensee knows not to be qualified by training, experience, or licensure to perform such procedures. While non-medical professionals, such as cosmetologists and estheticians, may be qualified to remove hair utilizing certain cosmetic techniques, they are not qualified to perform LHR if performance of LHR is determined to constitute the practice of medicine.
The conclusions reached by other states suggest that New York physicians may be delegating too much responsibility to non-medical professionals. Many states have adopted the position that LHR is a medical procedure and can only be performed by a medical professional.
This concern is supported by a statement made by a representative of the state licensing authority and an analysis of the laws governing the practice of medicine.
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