Is a regulation technically a law? Do both have legal ramifications? What regulatory body dictates whether or not I can perform a particular type of laser treatment in my state?
These are a few of the questions you may ask yourself when researching your state’s regulations. In this article, we'll breakdown the difference between laser laws, regulations, statutes, and advisory opinions and what each could mean for your business.
Advisory opinions from the Board of Medicine are NOT considered laws, regulations, or statutes enforceable by law. They are, however, good indicators of how the state may view a given procedure in the future.
Some states may list advisory opinions regarding laser tattoo removal in their Medical Practice Act, but no laws. In this case, there may not currently be a law for that specific procedure. Amendments are made to these documents regularly, particularly for laser hair removal procedures.
You'll find that these laws have an overarching laser regulation, as well as a modification to specify laser hair removal, tattoo removal, or general non-ablative treatments. Occasionally, the rules written in a Medical Act only pertain to ablative treatments and might not make any mention non-ablative applications at all.
In the best case scenario, aspiring entrepreneurs can legally open a laser business if there are no laws in their state. We’ve heard several stories from people who were able to start their own business due to the lack of regulation information in their state. Even upon calling their state regulators, they were still provided with no regulations.
Feel free to contact Astanza for help deciphering your state's laser regulations and to answer any questions you may have. Click here to find your state's specific rules and regulations!
"If you’re unclear on whether the resource you’ve found is an opinion, a law, a regulation, or statute, get a lawyer. You’ll likely need one to set up your business anyway, so sometimes finding somebody who can answer this question for you is a good omen for having them help you with your business.
Again, calling the entity who may be enforcing the laws in your area will also be a critical aspect of ensuring you’re playing by the rules. Being a risk-averse person, I would tend to use the advisory opinion as a law, under the assumption that this opinion may become law in the near future."
- Justin Arnosky, VP of Clinical Education for Astanza Laser