TIMELINE OF EVENTS RELATED TO LASER HAIR REMOVAL REGULATIONS - Page 5
2003
q Florida physicians have a huge loophole (458.348) that allows them to utilize untrained personnel to operate their hair removal lasers. The phrase “properly trained” has never been defined by the BOM, therefore there are no training requirements in place. Electrologists were told by the BOM attorney that there is no requirement in the statute for “properly trained” to be defined and therefore it will never be defined.
o The licensed profession of electrolysis has been given away to untrained and inexperienced ‘techs’. These individuals have no prior experience in hair removal, no training in hair removal, and usually no training in laser hair removal. One afternoon in a hotel watching a demonstration, does not constitute “laser training” for anyone!
§ For the convenience of a few physicians who choose to offer laser hair removal in their clinics, the BOM is being asked to allow certain techs to operate lasers with no real training requirements.
q Florida’s declared experts in hair removal – licensed electrologists – have willingly accepted the strict requirements of 30 hours of approved training, 2 national certification requirements, malpractice insurance, and a supervising physician. While we were made to wait the 2 years to get our rules package passed, techs from all allied health professions have been allowed to use hair removal lasers with no penalty or consequence. Investigative services has not taken action against any professional who has had a complaint filed by the electrologists.
o No requirements are in place for the inexperienced.
o Investigative services is reluctant to pursue these ‘techs’ due to the BOM’s broad position 4 years ago, on who could use lasers.
q Malpractice insurance records reveal exemplary performance from Florida electrologists using lasers for hair removal. (below)
o Electrologists were told outside of the rules meeting last November that legislative action would be introduced into the 2003 session that would require direct supervision. Since the medical malpractice issue took as much time, money, and energy as it did, electrologists escaped their wrath for one more year.
q July 11, Rules committee meets with Ed Tellechea, the new assistant attorney general presiding. Mr. Tellechea has now interpreted statute 458.42 Definitions to mean that it only applies to professions who are licensed under Chapter 458 & 459. Electrologists agree with his interpretation, which would mean that supervision would only apply to physician assistants since they are the only profession who is licensed under those chapters.
q FMA is now asking the BOM to revisit the definitions for supervision. The BOM meeting on 12-08-03 reveals discussion that would require a physician on site for both medical assistants and electrologists.
o Since the FSD/FMA didn’t damage us in the 2003 legislative session like they told us they would do, we believe that their intention is to attempt another attack on us from this avenue.
� The FSD has blackballed a particular laser company from attending their professional conferences due to the company’s support of electrologists at BOM meetings and in the legislature. They insisted that the laser company sign a document that would allow them to sell equipment to electrologists, but they could no longer support electrologists politically in any way. To support electrologists would deny the laser company any ability to present their equipment at their professional conferences. Additionally, this laser company who has supported electrologists in the past is required – extorted – to participate at the highest monetary level of sponsorship at these conferences.
� Dr. Mark Nestor has written articles in Skin and Aging Magazine about how safe laser hair removal is, and how to use your office staff to operate the lasers.
o January, 1998
o March, 1999
� Electrologists have requested physician supervision from the very beginning of our rule making process.
� The small group of physicians who have instigated the attempted monopoly of laser hair removal in Florida, have never produced any evidence that consumers are in danger or even at risk in the hands of trained and licensed Florida electrologists.
� This is purely a turf war, a situation of greed, and the overt attempt to monopolize the hair removal industry.
� This same activity is occurring in many states in our country. The same tactics and misleading photographs are showing up in other states!
� Florida consumers are being victimized by this small group of physicians who are attempting to use the Florida Board of Medicine and the Florida legislature to further their agenda of monopolizing the hair removal industry!
� There is enough hair removal business to go around for everyone! Electrologists have never been afraid of fair competition. Remember that Florida is a right to work state!
� Let consumers retain their opportunity to choose where they want to receive their hair removal treatments!