Ala. Admin. Code r. 540-X-11-.01 - Purpose
(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 apply to the removal of
body art wth LLBD but shall not apply to the practice of placing "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.
Notes
Author: Alabama Board of Medical Examiners
Statutory Authority: Code of Ala. 1975, §§ 34-24-50, 34-24-51, 34-24-53.
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