Legal Question in Business Law in Illinois

I have pasted the Illinois Dept of Financial and Professional Regulation newsletter regarding this:

Tattoo Removal Is Serious Business

Doctors are required to supervise laser treatments

SPRINGFIELD � As the weather warms up, sleeveless tops, shorts and sandals might reveal

more than bare skin. Those tattoos, which seemed like such a good idea at the time, are now

highly visible and have caused thousands of Illinoisans to have buyers� remorse. The Illinois

Department of Public Health (IDPH), along with the Illinois Department of Financial and

Professional Regulation (IDFPR), today announced a joint program to remind tattoo

establishments, and their customers, that laser tattoo removal must be done under the

supervision of a physician.

Lasers are frequently used to remove hair, birthmarks or tattoos. Since March 2009, IDFPR has

imposed more stringent rules on the use of laser equipment in non-medical, cosmetic settings.

A physician is now required to examine a patient and determine an appropriate course of

treatment before the equipment is used.

�Misuse of laser equipment can result in permanent scarring, long-term pain or, in worst case

scenarios, undiagnosed cancers. The laser rule permits only licensed physicians to prescribe the

use of laser equipment,� said Brent Adams, Secretary, Illinois Department of Financial and

Professional Regulation (IDFPR).

The rule clarifies the longstanding position of the IDFPR that laser equipment, which affects

living layers of skin, is a medical device and must only be used with direct supervision of a

physician. While the physician may delegate performance of laser procedures to appropriately

educated, trained and experienced nurses or other personnel, the physician must provide direct,

on-site supervision. Because the physician maintains full responsibility for all procedures

delegated to non-physicians, appropriate training and experience is left to the delegating

physician�s professional judgment.

NEWS

�As a doctor, I encourage anyone who wants to have a tattoo removed to talk with a physician

first. There may be issues with your health or skin that should be addressed before a laser

procedure is performed,� Illinois Department of Public Health Director Dr. Damon T. Arnold

said. �Having a medical professional oversee your tattoo removal is the best way to ensure the

procedure is done safely and correctly.�

All tattoo establishments in Illinois are required by state law to be registered with the Illinois

Department of Public Health. Inspections under the state law began in November 2009, and to

date, there are more than 300 registered establishments statewide. Any tattoo establishment that

has not yet registered with IDPH must do so immediately.

While health officials look for health and safety requirements during inspections, such as

sterilization and sanitation techniques, they also check for unauthorized use of laser equipment

for tattoo removal.

The text of the letter sent to registered tattoo establishments is reprinted below:

The Illinois Department of Financial and Professional Regulation (IDFPR) is reminding all

tattoo establishments that only a physician, or a person under the direct supervision of a

physician, may lawfully perform laser tattoo removals.

Since March 2009, the IDFPR has imposed more stringent rules on the use of laser equipment.

A physician is now required to examine a patient and determine an appropriate course of

treatment before the equipment is used.

The rule clarifies the longstanding position of the IDFPR that laser equipment, which affects

living layers of skin, is a medical device and must only be used with direct supervision of a

physician. While the physician may delegate performance of laser procedures to appropriately

educated, trained and experienced nurses or other personnel, the physician must provide direct,

on-site supervision. Because the physician maintains full responsibility for all procedures

delegated to non-physicians, appropriate training and experience is left to the delegating

physician�s professional judgment.

It has come to the state�s attention there are body art establishments in Illinois that continue to

perform laser tattoo removals despite this rule. Misuse of laser equipment can result in

permanent scarring, long-term pain or, in worst case scenarios, undiagnosed cancers.

Ignoring the physician supervision requirement not only puts patients at risk, but owners or

operators of tattoo establishments could be found guilty of practicing medicine without a

license. Repeated or egregious violators could be sentenced to up to five years in prison and

fined up to $25,000.