Chapter 360-35 LASERS
For purposes of this Chapter, the following
definitions apply:
(1) |
"Assistant Laser Practitioner" means a person who had been licensed
by the Board to practice as a cosmetic laser practitioner under the
on-site supervision of a senior laser practitioner but the senior
laser practitioner does not have to be on-site if the only service
being performed is hair removal using lasers or pulsed light
devices. |
(2) |
"Board"
means the Georgia Composite Medical Board. |
(3) |
"Continuing medical education
(CME) educator" or "continuing education (CE) educator" means an
individual who teaches courses approved by the Accreditation Council
for Continuing Medical Education (ACCME). |
(4) |
"Cosmetic laser practitioner"
means a person licensed by the Board to provide cosmetic laser
services and whose license is in good standing. |
(5) |
"Cosmetic laser services" means
nonablative elective cosmetic light based skin care, photo
rejuvenation, or hair removal using lasers or pulsed light devices
approved by the United States Food and Drug Administration for
noninvasive procedures. |
(6) |
"Cosmetologist" means a person
who is registered to practice the occupation of cosmetologist by the
State Board of Cosmetology and Barbers pursuant to Chapter 10, Title
43 of the O.C.G.A. |
(7) |
"Direct supervision" means the supervising physician (MD/DO) is
physically present on the premises and immediately available to lend
medical assistance if needed. |
(8) |
"Esthetician" means a person
who is registered to engage in the occupation of an esthetician by
the State Board of Cosmetology and Barbers pursuant to Chapter 10,
Title 43 of the O.C.G.A. |
(9) |
"Facility" means any location,
place, area, structure, office, institution, or business or a part
thereof in which is performed or provided cosmetic laser services
regardless of whether a fee is charged for such services. |
(10) |
"Lasers" means light-based
devices that are prescription devices, the sale of which are
regulated by the U.S. Food and Drug Administration, (FDA), that can
be sold only to licensed practitioners with prescriptive authority.
It does not include devices which are not light based such as radio
frequency devices, ultrasound devices, thermal devices and lasers not
regulated by the FDA. |
(11) |
"Medical Practitioner" means a
nurse, physician assistant or physician. |
(12) |
"Nurse" means a person who is
licensed to practice as a registered professional nurse or who is
authorized by the Georgia Board of Nursing to engage in advanced
nursing practice pursuant to Article 1, Chapter 26, Title 43 of the
O.C.G.A. |
(13) |
"Offices"
shall mean a facility offering cosmetic laser services which serves
as the principal place of practice at which a physician regularly
sees patients for the general and usual care rendered and
administered by a physician. |
(14) |
"Physician" means one who is
licensed by the Board to practice medicine. |
(15) |
"Physician Assistant" means a
person who is licensed by the Board as a physician
assistant. |
(16) |
"Senior
Laser Practitioner" means a physician assistant or a nurse who has
been licensed to practice the occupation of a cosmetic laser
practitioner and who practices pursuant to the protocols of a
consulting physician. |
(1) |
Applicants for licensure as an
assistant laser practitioner or senior laser practitioner must submit
an application on a form approved by the Board, submit an application
fee, and submit an affidavit that the applicant is a United States
citizen, a legal permanent resident of the United States, or that
he/she is a qualified alien or non-immigrant under the Federal
Immigration and Nationality Act. If the applicant is not a U.S.
citizen, he/she must submit documentation that will determine his/her
qualified alien status. The Board participates in the DHS-USCIS
SAVE (Systematic Alien Verification for Entitlements or
"SAVE") program for the purpose of verifying citizenship and
immigration status information of non-citizens. If the applicant is a
qualified alien or non-immigrant under the Federal Immigration and
Nationality Act, he/she must provide the alien number issued by the
Department of Homeland Security or other federal immigration
agency. |
(2) |
An applicant
for licensure as an assistant laser practitioner must also show that
he/she:
(a) |
Is 21 years old or
older; |
(b) |
Holds a
current license as a physician assistant, licensed practical nurse,
nurse, esthetician, or master cosmetologist or has previously held a
license or certificate as a medical practitioner; and |
(c) |
Has received at least three
laser certificates from attending laser/intense pulsed light (IPL)
courses as approved by the Board, directly taught by a licensed
physician or certified continuing medical education or continuing
education educator. |
|
(3) |
An applicant for licensure as a
senior laser practitioner must also show that he/she:
(a) |
Is 21 years old or
older; |
(b) |
Holds a
current valid license or certificate of registration as a physician
assistant or nurse or has previously held a license or certificate of
registration as a medical practitioner; |
(c) |
Has at least three years of
clinical or technological medical experience, or both; |
(d) |
Has been or was licensed or
nationally board certified as a medical practitioner for at least
three years; |
(e) |
Has
submitted verification of licensure from every state in which the
applicant has ever held any type of license or if a medical
practitioner, has submitted verification of national board
certification; |
(f) |
Has
received at least two laser certificates from attending laser/intense
pulsed light (IPL) continuing medical education courses as approved
by the Board, directly taught by a licensed physician or certified
continuing medical education or continuing education educator;
and |
|
(4) |
A
person currently licensed in another state may apply for licensure in
Georgia as an assistant laser practitioner or senior laser
practitioner by submitting an application, paying a fee, showing
he/she is currently licensed in another state, that state has
requirements similar to and not less stringent than Georgia, that
state would accept licensees from Georgia, and passing an examination
approved by the Board. |
(5) |
An application shall expire one
year from the date of receipt. Any subsequent application must be
accompanied by submission of appropriate documentation and
application fee. |
(1) |
All licenses shall expire
biennially unless renewed. |
(2) |
Each licensee shall notify the
Board within thirty (30) days, in writing, of all changes of address.
Any mailing or notice from the Board shall be considered to be served
on the licensee when sent to the licensee's last address on file with
the Board. |
(3) |
All active
licenses must be renewed every two years. This may be done via the
internet or through mail. A licensee may not practice after the
expiration date of the license. A license must be renewed biennially
by the last day of the month in which the applicant's birthday falls,
and the licensee must establish satisfaction of Board-approved
continuing education requirements to be eligible for
renewal. |
(4) |
Licensees
have the right to obtain a late renewal of their licenses during the
three (3) month period immediately following the expiration date.
During this period, the penalty for late renewal applies. A licensee
may not practice after the expiration date of his or her
license. |
(5) |
The Board
shall administratively revoke any license not renewed prior to the
expiration of the late renewal period. In order to obtain a license
after revocation for failure to renew, an applicant must reapply for
a new license and meet the requirements in effective at the time of
the application. |
(6) |
Notwithstanding the provisions of paragraph (4) of this rule, any
service member as defined in O.C.G.A. § 43-1-31
whose license to practice as a cosmetic laser practitioner expired
while on active duty outside the state shall be permitted to practice
in accordance with the expired license and shall not be charged with
a violation relating to such practice on an expired license for a
period of six (6) months from the date of his or her discharge from
active duty or reassignment to a location within the state. Such
service member shall be entitled to renew such expired license
without penalty within six (6) months after the date of his or her
discharge from active duty or reassignment to a location within this
state. The service member must present to the Board a copy of the
official military orders or a written verification signed by the
service member's commanding officer to waive any charges. |
(7) |
The fee for renewals and late
renewals shall be designated in the fee schedule. |
(8) |
All applicants must provide an
affidavit and a secure and verifiable document in accordance with
O.C.G.A.
50-36-1(f).
If the applicant has previously provided a secure and verifiable
document and affidavit of United States citizenship, no additional
documentation of citizenship is required for renewal. If the
applicant for renewal is not a United States citizen, he/she must
submit documentation that will determine his/her qualified alien
status. The Board participates in the DHS-USCIS SAVE (Systematic
Alien Verification for Entitlements or "SAVE") program for purpose of
verifying citizenship and immigration status information of non-U.S.
citizens. If the applicant for renewal is a qualified alien or
non-immigrant under the Federal Immigration and Nationality Act,
he/she must provide the alien number issued by the Department of
Homeland Security or other federal agency. |
(1) |
An applicant for renewal who
has been initially licensed by the Board by examination for less than
two years shall not be required to complete the continuing education
hours in order to renew the license for the first time. However, for
the next renewal, the licensee must obtain 5 hours of continuing
education. |
(2) |
Each
licensee must be renewed biennially by the last day of the month in
which the applicant's birthday falls and the licensee must establish
satisfaction of at least 5 (five) contact hours of Board-approved
continuing education requirements to be eligible for
renewal. |
(3) |
Each
licensee shall be required to answer questions on their renewal
application form that establish compliance with Board approved
continuing education requirements. Licensees will not be required to
send documentation of compliance with continuing education
requirements for renewal, unless requested by the Board. |
(4) |
False statements regarding
satisfaction of continuing education on the renewal form or any other
document connected with the practice of cosmetic laser practitioner
may subject the licensee to disciplinary action by the
Board. |
(5) |
Each licensee
who must meet the requirements of this chapter must maintain record
of attendance and supporting documents for Board approved continuing
education for a period of 5 years from the date of attendance. At a
minimum, the following information must be kept:
(c) |
hours of continuing education
units completed; and |
|
(6) |
The Board will audit a fixed
percentage of randomly selected renewal applications to monitor
compliance with the continuing education requirements. Any licensee
so audited shall be required to furnish documentation of compliance
including name of provider, name of program, hours/continuing
education units completed and date of completion. Any licensee
audited that has been found to be out of compliance with the Board's
continuing education requirements may be subject to disciplinary
action. |
(7) |
If the
licensee has not complied with the continuing education requirement
by the expiration of the license, his/her license shall not be
renewed and the license holder shall not engage in the practice of
cosmetic laser services. |
(8) |
A licensee may late renew
during the three months following the expiration date of his or her
license by presenting satisfactory evidence to the Board of
completion of the contact hours or continuing education units of
Board approved continuing education. Licenses not renewed within 3
months following the expiration date of the license shall be revoked
for failure to renew. In order to obtain a valid license after
revocation for failure to renew, an applicant must reapply for a new
license and meet the requirements in effective at the time of the
application. |
(9) |
Any
licensee seeking renewal of a license without having fully complied
with the Board's continuing education requirements who wishes to seek
a waiver or variance of this rule shall file with the Board:
(a) |
A renewal application and fee
and |
(b) |
A statement that
complies with the provisions of O.C.G.A. § 50-13-9.1
setting forth the specific facts of substantial hardship which would
justify a variance or waiver, including the alternative standards
which the person seeking a waiver or variance agrees to meet and a
showing that such alternative standards will afford adequate
protection for the public health, safety and welfare; and the reason
why the variance would serve the purpose of the underlying
statute. |
|
(10) |
Courses should be in the area of cosmetic laser services, equipment
safety and operation, procedures, and relative skin modalities,
directly taught by a licensed physician or certified continuing
medical education or continuing education educator. The following
courses are approved by the Board as meeting the continuing education
requirements:
(a) |
Assistant and
senior laser practitioners can obtain laser continuing education
credit for courses from the following:
1. |
Courses approved for Category I
credit by the Accreditation Council for Continuing Medical Education
(ACCME). |
2. |
Courses
approved for Category I Continuing Medical Education (CME) credit by
AAPA, AMA, AOA, and NCCPA. |
3. |
Laser courses approved by the
Georgia Board of Cosmetology. |
4. |
Laser courses approved for
Category I credit by Medical Association of Georgia (MAG). |
5. |
Laser courses approved by the
Georgia Board of Nursing |
6. |
Courses sponsored by the Georgia
Composite Medical Board. |
7. |
Courses taught by a licensed
physician specific to laser practice and safety |
|
|
(1) |
Assistant Laser Practitioners
may practice as follows:
(a) |
May
perform cosmetic laser services which means nonablative elective
cosmetic light based skin care, photo rejuvenation, or hair removal
using lasers or pulsed light devises approved by the United States
Food and Drug Administration for noninvasive procedures under the
on-site supervision of a physician licensed by the Board or a
licensed senior laser practitioner. |
(b) |
Shall have patients examined by
a consulting physician, or a physician assistant who is a licensed
cosmetic laser practitioner or advanced registered practice nurse who
is a licensed cosmetic laser practitioner prior to service. |
(c) |
On-site supervision and an
examination prior to treatment as described herein are not required
for the performance of laser hair removal and pulsed light
treatments. |
|
(2) |
Senior Laser Practitioners may
practice as follows
(a) |
May perform
cosmetic laser services including nonablative elective cosmetic light
based skin care, photo rejuvenation, or hair removal using lasers or
pulsed light devises approved by the United States Food and Drug
Administration for noninvasive procedures. |
(b) |
May supervise assistant laser
practitioners in the performance of cosmetic laser services as
defined in the law. |
|
(1) |
In order to qualify as a
consulting physician, the physician:
(a) |
Must be currently licensed to
practice medicine in Georgia; |
(b) |
Must have a principal place of
business in Georgia or practice outside of Georgia but within 50
miles from a facility with whom the physician will provide
supervision; |
(c) |
Must be
trained in laser modalities which should include the physics, safety,
and surgical techniques involved in the use of lasers and should
include the indications for such surgical procedures, the pre- and
post-operative care involved in treatment, as well as the treatment
of complications associated with laser devices; and |
(d) |
Must be available for emergency
consultations. |
|
(2) |
The consulting physician shall
establish proper protocols for the cosmetic laser services provided
at a facility and shall file such protocols with the Board. |
(1) |
Except for physician offices,
all facilities providing cosmetic laser services other than hair
removal using lasers or pulsed light devices shall meet the following
standards:
(a) |
Must have an
agreement with a consulting physician who will examine each patient
prior to any cosmetic laser service other than hair removal using
lasers or pulsed light devices being performed or who has delegated
the authority to perform such examination to a physician assistant in
a job description who is a licensed cosmetic laser practitioner, or
to an advanced practice registered nurse in a protocol approved by
the Board and who is a licensed cosmetic laser
practitioner; |
(b) |
Must
have a consulting physician who will be available for emergency
consultation with the cosmetic laser practitioner or anyone employed
by the facility; |
(c) |
Must
file with the Board the name, address and credentials of the
consulting physician and his/her delegates, if applicable; |
(d) |
Must have a senior laser
practitioner or consulting physician present at the facility or
immediately available for consultation and supervision either
personally or via telecommunications; and |
(e) |
Must post a sign listing the
consulting physician's name, emergency contact number, his or her
board certification and specialty, and the address of his or her
principal place of practice, and indicating whether he or she is
presently on site at the facility. If the physician is not on-site, a
sign must be posted indicating who is presently acting as supervisor
and that person's name, emergency contact number, his or her degrees
and qualifications, and the type of cosmetic laser practitioner
license held. |
|
(2) |
Physician offices providing
cosmetic laser services other than hair removal using lasers or
pulsed light devices shall meet the following standards:
(a) |
Must have the physician examine
each patient prior to any cosmetic laser service other than hair
removal using lasers or pulsed light devices being performed or have
such examination conducted by a physician assistant authorized in a
job description, or by an advanced practice registered nurse in a
protocol approved by the Board; |
(b) |
Must have the physician
available for emergency consultation with a cosmetic laser
practitioner or anyone employed by the facility; |
(c) |
Must file with the Board the
name, address and credentials of the physician and his/her delegates,
if applicable; and |
(d) |
Must have a senior laser practitioner or physician present at the
facility or immediately available for consultation and supervision
either personally or via telecommunications if cosmetic laser
services are being provided by an assistant laser
practitioner. |
|
(3) |
Failure of a facility to meet
the requirements of this Chapter may subject the owner to misdemeanor
criminal charges and may subject the licensed cosmetic laser
practitioners practicing at such facility and any consulting
physician with that facility to disciplinary action by the
Board. |
(1) |
Prior to receiving cosmetic
laser services for hair removal from a cosmetic laser practitioner, a
person, or if under the age of 18, his or her parent or guardian,
must consent in writing to such services and shall be informed in
writing of the general terms of the following:
(a) |
The nature and purpose of such
proposed procedure; |
(b) |
Any material risks generally recognized and associated with the
cosmetic laser service to be performed which, if disclosed to a
reasonably prudent person in the customer's position, could
reasonably be expected to cause such prudent person to decline such
proposed cosmetic laser services on the basis of the material risk of
injury that could result from such proposed services; |
(c) |
The name of, degrees and
qualifications held by, and type of licenses obtained by the
individual who will be performing the cosmetic laser service;
and |
(d) |
The steps to be
followed after the cosmetic laser service is performed in the event
of any complications. |
|
(2) |
Prior to receiving cosmetic
laser service other than hair removal from a cosmetic laser
practitioner, a person, or if under the age of 18, his or her parent
or guardian, must consent in writing to such services and shall be
informed in writing of the general terms of the following:
(a) |
The nature and purpose of such
proposed procedure; |
(b) |
Any material risks generally recognized and associated with the
cosmetic laser service to be performed which, if disclosed to a
reasonably prudent person in the customer's position, could
reasonably be expected to cause such prudent person to decline such
proposed cosmetic laser services on the basis of the material risk of
injury that could result from such proposed services; |
(c) |
The name of, degrees and
qualifications held by, and type of licenses obtained by the
individual who will be performing the cosmetic laser service, by the
supervisory, and by the consulting physician; |
(d) |
The steps to be followed after
the cosmetic laser service is performed in the event of any
complications; and |
(e) |
The emergency contact information for the consulting physician and
the address of his or her principal place of practice. If the
cosmetic laser service is provided at the physician's office, then
this information does not need to be included in the informed
consent. |
|
(3) |
After receiving each cosmetic laser service other than hair removal,
a person shall be informed in writing of the steps to be followed
after the cosmetic laser service is performed in the event of any
complications and the emergency contact information for the
consulting physician and the address of his or her principal place of
practice. |
(4) |
It shall be
the responsibility of the cosmetic laser practitioner to ensure that
the information required by this rule is disclosed and that the
consent provided for in this Rule is obtained. |
(5) |
The cosmetic laser practitioner
can disclose some of this information on the procedures and risks
through the use of video tapes, audio tapes, pamphlets, booklets, or
other means of communication or through conversations with the
cosmetic laser practitioner; provided, however, that such information
is also provided in writing and attached to the consent form which
the person signs. |
(6) |
Failure to obtain informed consent shall be grounds for disciplinary
action against the license of any cosmetic laser practitioner as
provided in O.C.G.A. Section
43-34-8. |
(1) |
A licensee shall notify the
Board in writing within 30 days after the license holder's name is
legally changed. At the time of notification, submit a certified copy
of the official document evidencing the name change. If the name
change occurred during naturalization, the application must also
include the naturalization number, the name and address of the court,
the date of naturalization, and the name change. |
(2) |
Licensees shall notify the
Board in writing within 30 days after a change in address of record.
Failure to so notify the Board of an address change shall be deemed a
violation of this rule and may be grounds for disciplinary action
pursuant to O.C.G.A. § 43-34-8. |
(3) |
Licensees who utilize a post
office box as the address of record shall also provide a street
address where the Board may contact the licensee. |
(1) |
It shall be unlawful for any
person licensed as a cosmetic laser practitioner to perform cosmetic
laser services within any area within one inch of the nearest part of
the eye socket of any consumer. |
(2) |
It shall be unlawful for any
person licensed as a cosmetic laser practitioner to administer any
pharmaceutical agent or other substance by injection. |
The Board may impose on a cosmetic laser practitioner
or applicant any sanction authorized under subsection (b) of Code
Section
43-34-8
upon a finding of any conduct specified in subsection (a) of Code
Section
43-34-8.
This Chapter shall not be construed to
prohibit:
(1) |
A licensed
physician from engaging in the practice for which he or she is
licensed; |
(2) |
A licensed
physician assistant from engaging in the practice for which he or she
is licensed; |
(3) |
A person
licensed by this state as a registered professional nurse, licensed
practical nurse, or nurse practitioner from engaging in his or her
profession; |
(4) |
A
licensed esthetician from engaging in his or her
profession; |
(5) |
A master
cosmetologist from engaging in his or her profession; |
(6) |
Any person licensed under any
other article of this chapter from engaging in the practice for which
he or she is licensed; |
(7) |
A person licensed in this state
under any other law from engaging in the practice for which he or she
is licensed; |
(8) |
The
practice of providing cosmetic laser services by a person who is
employed by the federal government or any bureau, division, or agency
of the federal government while in the discharge of the employee's
official duties; |
(9) |
The
practice of providing cosmetic laser services by a student enrolled
in an accredited school of nursing, schools for physician assistants,
or medical school as part of his or her training; or |
(10) |
Employees or authorized
representatives of a manufacturer of a laser used for cosmetic laser
services from engaging in one or more of the following: evaluating,
adjusting, measuring, designing, fabricating, assembling, fitting,
servicing, training, repairing, replacing, or delivering a laser used
to provide cosmetic laser services under the order, direction, or
prescription of a physician or health provider operating within his
or her licensed scope of practice. |
(1) |
The Board shall appoint an
advisory committee, which shall include licensed cosmetic laser
practitioners. The initial members of the advisory committee may
include persons eligible for licensing under this rule. |
(2) |
The advisory committee shall
include at least one person licensed to practice medicine under
Chapter 43-34 and specialized in a field with expertise in the
biologic behavior of the skin. |
(3) |
Members shall receive no
compensation for service on the committee. The committee shall have
such advisory duties and responsibilities as the Board may determine,
including but not limited to consulting with the Board on the
issuance, denial, suspension, and revocation of licenses and the
promulgation of rules and regulations concerning O.C.G.A. T. 43, Ch.
34, Art. 9. |
(4) |
Advisory
committee members must be licensed by the Board. |