Florida Medical Laser Laws

Florida Medical Laser Laws & State Regulations

The information provided is for general education purposes. Please consult with a healthcare attorney for proper legal guidance for all cosmetic laser operation laws and regulations within your designated state. This information is NOT intended to be legal advise or a substitute for legal guidance. This information may be incomplete or outdated. You need to contact a healthcare attorney & State government for most updated information. 

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Florida Board of Medicine Help Center. Who is aloud to perform laser hair removal in the state of Florida?

http://flboardofmedicine.gov/help-center/who-can-perform-laser-hair-removal-in-the-state-of-florida/

Currently, the only regulation that directly addresses laser hair removal is Rule 64B8-56.002, F.A.C., which states that electrologists can perform laser hair removal only under the direct supervision of a licensed physician who has been properly trained in hair removal. If this rule does not apply to you, but you are interested in performing laser hair removal, it is recommended that you contact an attorney for legal guidance.

 

64B8-56.002 Equipment and Devices; Protocols for Laser and Light-Based Devices.

https://www.flrules.org/gateway/readFile.asp?sid=0&tid=15192836&type=1&file=64B8-56.002.doc

 

(1) The Board of Medicine approves the following equipment and devices for the permanent removal of hair by licensed electrologists if they are used pursuant to requirements established by the Board.

(a) Needle type epilators.
(b) Laser and light-based hair removal or reduction devices cleared by the United States Food and Drug Administration (FDA) for hair removal or reduction.

(2) An electrologist may not use laser or light-based devices for hair removal or reduction unless they:

(a) Have completed training in laser and light-based hair removal and reduction that meets the requirements set forth in subsections 64B8-52.004(2) and (3), F.A.C.;
(b) Have passed the Society for Clinical and Medical Hair Removal test for certification as a Certified Medical Electrologist;
(c) Are using only the laser and light-based hair removal or reduction devices upon which they have been trained; and
(d) Are operating under the direct supervision and responsibility of a physician properly trained in hair removal and licensed pursuant to the provisions of Chapter 458 or 459, F.S.

(3)(a) The supervising physician, initially upon assuming duties as the supervisor and semiannually thereafter, shall review and inspect the techniques, procedures, and equipment utilized by the electrologist in the performance of laser and light-based hair removal or reduction.
(b) The supervising physician shall ensure that the electrologist has received semi-annual training in the areas of infection control, sterilization, and emergency procedures.

(4)(a) The supervising physician and the electrologist shall develop jointly written protocols regarding the medical condition for individuals to receive laser and light-based hair removal or reduction treatment; specific conditions and the procedure for identifying conditions that require direct evaluation or specific consultation by the physician; treatment of routine minor problems resulting during or from laser and light-based hair removal or reduction; and detailed procedures to be followed in the event of emergency situations developing during the performance of or as a result of laser and light-based hair removal or reduction. These written protocols must be signed, dated, and maintained in a readily available location on the premises where the electrologist practices. One copy shall be maintained by the supervising physician and one copy must be filed with the Department of Health. The written protocols which are kept on the premises of the electrologist will be readily available for inspection and review by agents of the Department of Health. The parties to a protocol must notify the Department within 30 days of the termination of their professional relationship.
(b) The written protocol shall include and require that the initial consultation with each patient must include an examination and assessment by a physician licensed pursuant to Chapter 458 or 459, F.S.

(5) Pursuant to Section 456.072(1)(i), F.S., any physician who knows that any electrologist is engaged in unsafe practice must report that electrologist to the Department of Health immediately.

(6) Any physician who provides supervision to an electrologist must keep the Board informed of the number of electrologists the physician is supervising. No physician is authorized to supervise more than four (4) electrologists at any one time.

Rulemaking Authority 458.331(1)(v), 478.43(1), (4) FS. Law Implemented 458.331(1)(v), 458.348(3), 478.42(5), 478.43(1), (3), (4) FS. History–New 9-12-01, Amended 2-28-02, 7-23-06, 3-12-08, 11-4-14, 2-15-17.

 

Florida Department of Health: Laser Information

http://www.floridahealth.gov/%5C/licensing-and-regulation/electrolysis/laser/index.html

 

Rule 64B8-52.004, Florida Administrative Code, Requirements for Approval of Continuing Education Courses for Laser and Light-Based Hair Removal or Reduction

https://www.flrules.org/Gateway/View_notice.asp?id=18552334

 

Rule 64B8-51.006, Florida Administrative Code, Rule Governing Licensure and Inspection of Electrology Facilities (see (3)(g))

https://www.flrules.org/gateway/RuleNo.asp?ID=64B8-51.006

 

Rule 64B8-56.002, Florida Administrative Code, Equipment and Devices; Protocols for Laser and Light-Based Devices

https://www.flrules.org/gateway/RuleNo.asp?ID=64B8-56.002

Section 458.348(3) , Florida Statutes, (Board of Medicine) Formal supervisory relationships, standing orders, and established protocols; notice; standards.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0458/Sections/0458.348.html