When starting a laser tattoo removal business, researching your state's regulations should be at the top of your checklist. Each state has respective rules and regulations on who can operate a laser for specific procedures, if delegation is needed, and more. While many states' medical or licensing boards provide straightforward rulings on their website, some of the regulations can be a bit vague–but this might work in your favor. In other words, if rules are not clear, they can be open to interpretation and indicate that certain people can perform laser tattoo removal. In this article, we help navigate the top 5 laser tattoo removal regulation-friendly states.
When it comes to laser tattoo removal regulations that are unclear and subject to interpretation, Florida ranks number one, and there's a pretty simple explanation for why that is. Unlike tattoo removal, laser hair removal is strictly regulated, and the rules are pretty straightforward when it comes to this aesthetic laser service. To be certified in laser hair removal, practitioners must be certified in electrolysis to use hair removal technology and also receive laser hair removal endorsement on their training.That said, laser hair removal and laser tattoo removal technology are significantly different, making them governed differently as well. Fortunately, the Florida Board of Medicine website has a pretty clear-cut landing page for those curious about how laser tattoo removal is managed. Essentially, it isn't. The Florida Medical Practice Act doesn't directly address tattoo removal, enabling tattoo shops and non-medical entrepreneurs across the state to offer laser tattoo removal services without that medical oversight.
The Aloha state is another interesting case. A few years ago, the Hawaii Medical Board issued an advisory ruling regarding laser tattoo removal. This ruling implies that the medical board thinks that a medical director should establish a patient as suitable for treatment. Still, the legislators never adopted a rule based on this advisory ruling. So this particular state can be seen as one that may have regulations change in the future, but there is no additional oversight required for now.
Many organizations single out New York as one of the states with incredibly vague rules for lasers in the aesthetic space, including laser hair removal and tattoo removal. So the state is a bit up in the air at the moment. Although a few bills are being introduced to rein in the expanding market, particularly for laser hair removal, nothing has made any traction, been signed or passed to clarify any regulations.
There is a lack of information regarding the use of lasers in *any* capacity in Sin City and Nevada more broadly. We've seen non-medical entrepreneurs and tattoo artists across the state try to capitalize on the open market and low barriers of entry. The only documentation we've been able to find references tattoo removal, but not with lasers specifically. Simply put, it seems that all you need to start removing tattoos is to register your business with the Nevada Division of Public and Behavioral Health.
Our nation's capital has a similar situation to that of Hawaii. Advisory rulings and suggestions from the departments of health or boards of medicine are nothing more than advice. If you're treating patients responsibly and with an FDA-cleared laser for the procedure you hope to perform, that should cover the vast majority of the issues that could arise. The District would like to see business owners have a doctor on-site with the practitioners, but they haven't mandated such a restriction to this point.
What the heck is a medical director, and what do they do?
The role of a medical director is really to serve as a backstop for practitioners. Depending on your state, a medical director may need to be on-site for many reasons, including while procedures are being performed, to conduct a good faith examination, or be available during treatments but not necessarily at the physical location. This medical director relationship is how nearly all states operate. Still, some states are a little more clear about who the medical director can be and what their responsibilities include.
For more information on medical directors, check out this blog: https://info.astanzalaser.com/blog/medical-directors-and-tattoo-removal-clinics.
Disclaimer: Please consider the advice in this post as mere guidance based on research readily available through various state regulatory bodies versus a statement of factor rule of law. Rules and laws may change at any time and may be interpreted differently from how indicated here. As we always say, do your due diligence and check with official regulation websites and whoever may be enforcing your state rules. Regardless of the state rules, all practitioners should aim to have a medical director to have reliable medical advice for all patients.
If you have questions about how New Look Laser College or Astanza can help your search for elusive state regulations or a medical director, call or text at (281) 846-5890 or email firstname.lastname@example.org and we'll do our best to help answer questions about your specific situation.