Laser treatment has been utilized with limited frequency for certain dermatological applications such as the removal of tattoos, acne scars, port wine stains, and skin blemishes for over a decade. However, in recent years, laser treatment for hair removal and wrinkle treatment has grown significantly in popularity, which has subsequently increased the demand for providers of laser treatment. Since state law governs the issue of who can perform these procedures, it is important for all current and prospective providers of laser treatment to be familiar with Michigan law, including the Michigan Public Health Code delegation provision regarding the use of lasers for dermatological purposes. In addition, on December 5, 2005, the Michigan Department of Community Health (”MDCH”) released a position statement regarding the use of laser equipment by health professionals, which clarifies the relevant law on the subject.
According to MDCH’s position statement, laser treatment falls within the Michigan Public Health Code’s definition of the practice of medicine because the treatment involves the “diagnosis, treatment, prevention, cure, or relieving of a human disease, ailment, defect, complaint, or other physical or mental condition by attendance, advice, device, diagnostic test, or other means…” Thus, generally speaking, dermatological laser procedures should be performed by a licensed physician. However, MCLA 333.16276 permits a “licensee, registrant, or other individual” to perform laser procedures for dermatological purposes as long as the procedure is performed under the supervision of a licensed physician. Notably, delegation will not be permitted unless the patient involved has knowledge and consents to the laser treatment procedure being performed by a non-physician. This delegation provision further permits physician’s assistants and nurse practitioners to perform these laser procedures without supervision, as long as the procedure is performed in a healthcare facility as narrowly defined by the Michigan Public Health Code (e.g., a hospital). It should also be noted that the delegation provision does not permit physician’s assistants and nurse practitioners to delegate the authority to perform these laser procedures to someone else. Read more...
