In the state of Texas, regulations surrounding laser tattoo removal procedures are relatively strict, as is the sale or use of laser equipment.
All laser tattoo removal treatments in the state of Texas must be performed under the jurisdiction of a specified practitioner within the scope of his or her license. The definition of “practitioner” implies that the person in question has the requisite education and experience to properly administer the laser treatment or supervise the treatment. Training for laser tattoo removal procedures can be provided by
- A specific program or internship
- An approved, official training course
- A manufacturer’s or distributor’s training division
Training is required of not only practitioners, but also any delegates performing the procedure.
Delegation of laser tattoo removal privileges
A physician can delegate the administration of laser tattoo removal procedures to nurses, physician assistants, and other advanced health practitioners. However, under Texas Medical Board Rule Sec. 193.11, the procedure cannot be delegated to a non-physician unless the supervising physician is on-site and immediately available. This decision became effective in November 2003, and all persons are required to comply as of December 2004. Prior to this decision, two laser device-related lawsuits were opened.
Before delegating a laser treatment, the practitioner in charge must ensure that the delegate:
- Can perform the procedure safely and properly
- Performs the act in the manner it is intended
- Does not give the impression that he or she is a medical practitioner
Even if a laser tattoo removal treatment is performed by an authorized delegate, the practitioner is responsible for the procedure and the acts of the delegate.
Prior to performing the laser tattoo removal procedure, the physician (or delegate) will inform the patient of any risks associated with the treatment, as with any medical procedure.
Regulation of laser devices
In Texas, laser devices are considered to be medical devices and are regulated as such by the Department of State Health Services (DSHS) Drugs and Medical Devices Group and the U.S. Food and Drug Administration (FDA). This means that these laser devices can be used only if:
- The device is in the possession of a practitioner licensed by law to use the device
- The device carries a caution label stating that sale of the device is restricted to practitioners
Law prohibits the sale of laser devices to any unauthorized persons, and these devices are required to be labeled accordingly.
Professional misconduct
If a practitioner is found guilty of professional misconduct or breaking a rule of the board, he or she is subject to a variety of penalties depending on the severity of the misconduct. These penalties include:
- Revocation or suspension of medical license
- Private or public reprimanding
For a full list of penalties for professional misconduct, refer to the Texas Occupations Code: http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.164.htm.
Federal regulations
In addition to following Texas-specific laws, any facility that provides laser tattoo removal treatment is required to follow all federal regulations.
Please note that this article is not intended to provide legal advice. For legal advice regarding laser tattoo removal procedures, contact the Texas medical board or call one of our reps at SunrayLaser.com to discuss at 888-875-7001
