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Can I hire an aesthetician to perform laser services in NY?

March 1, 2016

Question:

Hi Jennifer, 

Can I hire an aesthetician under my medical practice to perform laser services in NY?

Thanks, 
Dr. L
 
Answer:

Absolutely. But, not for medical services. Only for non-medical appearance enhancement services that are within the aesthetician's license.  (i like to think of the services that are covered in aesthetician training curriculum, many of which include laser and IPL use.)   Its too bad this topic hasn't come up before!  I am always happy to highlight the major defeat our firm served the Department of State in DOS v. Kaufman where we successfully overcame Big Brother's attempt to expand the definition of the Practice of Medicine to limit all laser and IPL use for medicine only. For all of my MDs DOs out there who rallied for same, I apologize.  However, I also have yet to meet a physician willing to spend their day performing laser services and I understand many aestheticians are quite good.  

Here is a link to the decision on appeal (we won at ALJ AND on appeal!)

If you are looking to properly integrate laser, IPL or aestheticians into your practice, its time for us to discuss structure.  Same goes for ideas about "Medispas".  No such thing in NY. And, same goes for "medical director" of a spa. A lay person owner cannot employ a physician for any medical purpose, including oversight or director position in New York. 

 
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