State Regulators File Laser Protection Rule

SPRINGFIELD – Today Governor Rod R Blagojevich’s administration filed a proposed rule to protect people from the damage that can be caused by improper use of laser equipment Lasers are frequently used in non-medical cosmetic settings to remove hair, birthmarks or previously applied tattoos.  Today’s rule, if allowed to take effect would require a physician to examine a patient before the use of laser equipment and determine an appropriate course of treatment for each patient.   

“Misuse of laser equipment can result in permanent scarring, long-term pain or, in worst case scenarios, can lead to misdiagnosed cancers.  The rule being filed today will ensure that only licensed physicians will be allowed to prescribe the use of laser equipment,” said Dean Martinez, Secretary, Illinois Department of Financial and Professional Regulation (IDFPR).

The rule clarifies the longstanding position of the Department that laser equipment which affects living layers of skin is a medical device and must only be used with direct supervision of a physician.  While the physician may delegate performance of laser procedures to appropriately educated, trained, and experienced nurses or other personnel the physician must provide proper supervision. The Department considers proper supervision of non-physicians delegated laser procedures to mean direct, on-site supervision. Because the physician maintains full responsibility for any procedures delegated to non-physicians, appropriate training and experience is left to the delegating physician’s professional judgment.

“Over the last year, our members have reported a dramatic rise in the number of patients coming to them to treat complications and misdiagnosis of skin cancer as a result of laser procedures performed by non-physicians,” says Dr. Darrell S. Rigel, President, American Society for Dermatologic Surgery Association.  “Requiring initial physician assessment and on-site physician supervision will ensure that patients are good candidates for safe and effective laser procedures and make certain that the diagnosis of skin cancer or other pre-existing conditions are not present.”

The text of the rule follows:

Section 1285.335 Use of Lasers

The use of a light emitting device, including, but not limited to, lasers required to be registered with the Illinois Emergency Management Agency, Division of Nuclear Safety under 32 Ill. Adm. Code Part 315, intense pulsed-light, radiofrequency, and medical microwave devices, used for the treatment of dermatologic conditions or cosmetic procedures that disrupt living tissue is considered to be the practice of medicine which may only be performed by a physician licensed to practice medicine in all of its branches.  A physician licensed to practice medicine in all of its branches may delegate the performance of these procedures to a licensed practical nurse, a registered professional nurse, or other persons with the on-site supervision of the physician.  The supervising physician must examine the patient and determine a course of treatment appropriate to the patient before any such procedure is performed.  A licensed practical nurse, a registered professional nurse, or other person delegated the authority to perform these procedures must have received appropriate, documented training and education in the safe and effective use of each system.

Nothing in this Section shall be deemed or construed to prevent any person licensed in this State under the Illinois Dental Practice Act as a dentist, the Podiatric Medical Practice Act of 1987, the Nurse Practice Act as an advanced practice nurse, or the Physician Assistant Practice Act of 1987 from engaging in the practice for which he or she is licensed.