Ala. Admin. Code r. 540-X-11-.01 - Purpose

Current through Register Vol. 40, No. 6, March 31, 2022

(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.

Notes

Ala. Admin. Code r. 540-X-11-.01
New Rule: Filed August 16, 2007; effective September 20, 2007.

Authors: Alabama Board of Medical Examiners ad hoc Committee: Jorge A. Alsip, M.D.; Kenneth W. Aldridge, M.D.; Michael S. Clinton, M.D., Deason C. Dunagan, M.D.; Edward C. Facundus, M.D.; Steven P. Furr, M.D.; K. Michael Hites, P.A.; Wonsuck Kim, M.D.; Elizabeth S. Martin, M.D.; Diantha Miller, CRNP; Gary D. Monheit, M.D.; Arthur F. Toole, III, M.D.; and the Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§ 34-24-50, 34-24-51, 34-24-53.

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