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I posted this question a couple of hours ago and am seeking opinions:

I am a licensed esthetician (skin care) and cosmetologist who wants to purchase a laser for aesthetic treatments (primarily for hair removal). These lasers have no worse complications for the patient than waxing or electrolosis, but my state medical board just announced 3 months ago that this laser-light technology could only be used by licensed physicians, PAs and CRNs. This is a cosmetic procedure and persons practicing electrology have been operating these aesthetic lasers for over a decade, but now, the medical community wants all the profits for themselves. I feel this is a violation - how can they announce that a non-surgical apparatus can not be used by persons well educated in skin care and skin conditions???? I am going to consult my attorney but wanted others' opinions on this matter. Thanks.

D - thanks for the answer. The problem my state medical board is having is that they cannot provide me with documentation of why aesthetic lasering is more dangerous than electrolosis. The Board of Cosmetology has since otld me they will look into this and the Medical Board told me it is still under investigation and to write a letter. I am waiting to see what the Cosmetology Board can do first. Thanks again.

Decisions made by government regarding the health and safety of the people are extremely difficult to change through the court system. A Supreme Court case called Lee Optical established that as long as the law regulating medical practices in particularly, and health and safety generally, has a "rational basis" for being enacted, it will stand. This is a state medical board decision, and it would likely be granted the same kind of broad deference. The only way you could seek to change that regulation is to petition the board, and to enlist the help of others in petitioning the board. That's just the way the democratic process works.

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