(1) The use of
lasers/pulsed light devices, or any energy source, chemical, or other modality
that affects living tissue (when referring to the skin, anything below the
stratum corneum), whether applied for surgical, therapeutic, or cosmetic
purposes, is the practice of medicine.
(2) The purpose of these rules is to provide
guidelines for the use of these devices for ablative and non-ablative treatment
by physicians. Nothing in these rules shall be construed to relieve the
supervising physician of the professional or legal responsibility for the care
and treatment of the physician's patients.
(3) These rules shall not apply to the
following:
(a) Any person licensed to practice
chiropractic if the laser/pulsed light device, energy source, chemical or other
modality that affects living tissue is used exclusively for the practice of
chiropractic;
(b) Any person
licensed to practice dentistry if the laser/pulsed light device, energy source,
chemical or other modality that affects living tissue is used exclusively for
the practice of dentistry;
(c) Any
person licensed to practice occupational therapy if the laser/pulsed light
device, energy source, chemical or other modality that affects living tissue is
used exclusively for the practice of occupational therapy;
(d) Any person licensed to practice optometry
if the laser/pulsed light device, energy source, chemical or other modality
that affects living tissue is used exclusively for the practice of
optometry;
(e) Any person licensed
to practice physical therapy if the laser/pulsed light device, energy source,
chemical or other modality that affects living tissue is used exclusively for
the practice of physical therapy.
(4) These rules shall not apply to the
practice of "body art," as defined in Chapter 420-3-23 of the Administrative
Rules of the Alabama Department of Public Health, which is not a part of
patient treatment; and which is performed with equipment specifically
manufactured for performing body art procedures and specifically used according
to the manufacturer's instructions and standard professional practice; and
which is otherwise regulated by the Alabama Department of Public
Health.
(5) These rules shall not
apply to the use of a laser/pulsed light device, energy source, chemical or
other modality that affects living tissue which occurs in "hospitals" as
defined in the Code of Ala. 1975, §
22-21-20.
