As cosmetic medical practices are finding out, it matters who performs what procedure.
Recently, we have seen an increase in Maryland Board of Physicians (“Board”) complaints, investigations and charges arising out of cosmetic medical procedures performed by aestheticians, technicians and other non-licensed personnel. The Board will issue public orders, fines and other sanctions against physicians who permit the unauthorized practice of medicine, even when their non-medical staff are well-trained, experienced and capable.
The Code of Maryland Regulations defines what type of professional is permitted to perform certain procedures. Non-medical personnel are prohibited from performing office-based procedures such as dermabrasions, CoolSculpting, laser procedures, phototherapies and injections, among others. Even with documented physician supervision, these defenses do not prevent Board disciplinary action.
Bottom line: It’s your job to know the limits imposed by law. Only properly licensed individuals are permitted to perform cosmetic procedures or use cosmetic medical devices. If you have any questions about this or other defense strategies, please contact us.