Frequently Asked Questions
Laser Hair Removal Devices
1. What are laser hair removal devices?
Laser hair removal devices are any lasers or IPL’s used for removing hair.
2. Can a laser hair removal professional purchase, possess and use the laser hair removal device?
A physician’s order or prescription is required for the purchase of a laser hair removal device. The laser hair removal device can only be purchased by a licensed health professional for the facility. The written contract with the consulting physician will meet the requirements for supervision for the use of the laser hair removal device. The protocols developed will satisfy the requirements for a prescription for each use.
Facility Registration
1. Does a Physician Assistant, who owns a med spa need to register the spa?
Yes, a separate laser hair removal application shall be submitted for each laser hair removal facility. Each application submitted to the agency shall designate a LSO, laser hair removal professional and include a copy of the contract with a consulting physician. However, there are a few exceptions such as a facility owned or operated by a physician for the practice of medicine, a licensed hospital or a clinic owned or operated by a licensed hospital. A certificate of laser hair removal registration is required for a facility owned or operated by a physician that performs only laser hair removal procedures.
2. Will each laser hair removal location need to register?
A separate laser hair removal application shall be submitted for each laser hair removal facility. Multiple locations will need separate registrations.
3. What records are required to be maintained at our facility?
Some of the required documents you must maintain on site are as follows:
- A prescription order for the purchase of any lasers
- Your manufacturer's user manual
- A copy of the consulting physician contract
- Current laser devices inventory
- Copy of yearly inventory audit
- Training logs for all technicians
- Records of quarterly audits conducted by consulting physician
- Written protocols to include procedures for safety and patient assessments
Personnel Roles
1. Will the facility need a medical director?
No, however each facility will need to obtain a written contract with a consulting physician.
2. Is a prescription required for each laser hair removal procedure?
No, a prescription is not required for each laser hair removal procedure. A written contract with the consulting physician that includes the protocols for the services provided at the facility will meet the requirements in regard to a prescription for each use.
3. I am a facialist and I work under a dermatologist, will I have to get certified to perform laser hair removal procedures?
No, the physician has the authority to delegate tasks. You will not need to obtain an individual certificate unless you no longer work under these conditions.
4. Physicians can delegate to staff, yet registered nurses are not allowed to use lasers. Will this rule supersede the rules of another license board?
The Texas Board of Nursing Position Statement 15.9, Performance of Laser Therapy by RNs or LVNs, states that it is not within the scope of nursing practice to perform the delivery of laser energy on a patient as an independent nursing function. Nurses who elect to accept physician delegation must meet certain criteria specified in the position statement. Please see the Texas Board of Nursing website, or contact the Board of Nursing, for further information regarding nursing practice.
5. Who can operate a laser hair removal device?
A person wishing to perform laser hair removal procedures must apply for and obtain a certificate issued by the agency.
There are four (4) levels of laser hair removal personnel each requiring different levels of training. The personnel include a Laser Hair Removal Apprentice-In-Training, Laser Hair Removal Technician, Senior Laser Hair Removal Technician, and Laser Hair Removal Professional.
6. Who is a licensed health professional?
A licensed health professional is an individual licensed under Texas Occupations Code, Title 3. The use of laser hair removal devices and performance of laser hair removal procedures are determined by that individual’s professional licensing board.
7. Can a laser hair removal professional purchase, possess and use the laser hair removal device?
A physician’s order or prescription is required for the purchase of a laser hair removal device. The laser hair removal device can only be purchased by a licensed health professional for the facility. The written contract with the consulting physician will meet the requirements for supervision for the use of the laser hair removal device. The protocols developed will satisfy the requirements for a prescription for each use.
Complaints
1. How do I file a complaint against a laser hair removal certificate holder or facility, or report unlicensed activity?
Please file a complaint online.
2. My complaint involves unsafe conditions involving radiation. Should I file that complaint with TDLR?
No. The Department of State Health Services (DSHS) continues to regulate lasers and pulsed light devices. The DSHS Radiation Control Program’s Incident Investigation Programresponds to radiological incident reports, complaints, technical assistance requests, and close-out requests. Please contact DSHSfor these types of issues.
3. How soon do I have to file a complaint?
You must file a complaint within two years of the event described in the complaint. TDLR will not accept complaints filed after two years unless you can show good cause for late filing to TDLR’s Executive Director.
4. I don’t want the certificate holder to know I filed a complaint. May I file a complaint anonymously?
Yes, TDLR accepts anonymous complaints. To file anonymously, be sure to leave the “Complaining Party” space blank on the complaint form. Keep in mind, if you file anonymously, you will not receive updates from TDLR on the status of your complaint and you will not be able to provide any additional information TDLR may need.
5. Does TDLR open and investigate every complaint received?
No. If the information you provide in your complaint does not contain enough information for TDLR to determine that a violation may have occurred, TDLR will first seek additional information from you (if you did not file anonymously). If TDLR does not receive enough information following that request, your complaint may not be opened for investigation.
6. What happens after I file my complaint?
Please see our Complaint Investigation and Resolutionpage for a detailed explanation of the complaint process.
7. What is the status of a complaint I filed?
TDLR will mail you periodic notices and will inform you of the resolution of your complaint. Please keep your address and phone number updated with TDLR.
8. How do I know if disciplinary action was taken against a certificate holder, facility, or an unlicensed person or business?
If a complaint results in disciplinary action taken by TDLR, it will be posted in our Administrative Orders Searchfor three years following the signed order.
