News on the draft regulation
The committees met in the Federal Council. What's new?
Yes there is. The lead committee for the environment, nature conservation and nuclear safety and other committees have spoken out in favor of changing the ordinance to further modernize radiation protection law. The recommendation sheet for printed matter 423/1/18 here.
Interesting are the pages 46 ff. Of the document. Thus, Art. 4 § 5 para. 2 (Specialist reservation for tattoo removal) should be amended as follows:
§ 5 is to be changed as follows:
aa) Paragraph 1 is worded as follows:
"(1) The required expertise in the use of laser equipment and intense light sources shall be obtained by successful training in accordance with Appendix 3 Part A in conjunction with Appendix 3 Part B and Part C or by approved physicians through appropriate continuing medical education or advanced training. "
b) In paragraph 2 are the words
"May only be performed by
- a specialist for skin and sexually transmitted diseases or
- a specialist in Plastic, Reconstructive and Aesthetic Surgery. "
by the words "may only be performed by licensed physicians with appropriate medical training or further education.".
What does this mean?
The committees have thus completely - and very unexpectedly - spoken out against the specialist prescription. This means, if the prescriptions follow these recommendations, that now also any other approved doctor with appropriate medical further education or further education tattoos by laser may remove.
From our point of view, this recommendation was more than necessary. There can hardly be a reason why only specialists for skin and venereal diseases and specialists for plastic, constructive and aesthetic surgery may operate a laser for tattoo removal.
What about the naturopaths?
However, non-medical practitioners are still excluded. This means that non-medical practitioners continue to be allowed to remove tattoos for cosmetic purposes by laser.
Is there no way for non-medical practitioners to remove tattoos anyway?
There might indeed be a loophole in laser tattoo removal. We have found this out after numerous researches and telephone calls with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.
For further questions, please call our office Contact record.
If you have any questions regarding the ordinance for the further modernization of the radiation protection law, then ours Attorney Stephen Hendel gladly to the side. We support you quickly and competently in the enforcement of your rights!
Since 2012 I remove tattoos. Four years with Nd-YAG laser and for three years with a very high-quality Picosure laser with much success. For this I invested 250.000.- €, an investment for the next 10 years. For my qualification, two-year training as a beautician, advanced training for permanent make-up and currently in training extra-occupational to the alternative practitioner.
Close cooperation with a plastic surgeon. Now my existence is endangered, because I deny my livelihood exclusively from the tattoo removal. Who can give me advice?
Does the new regulation 31.12.2018 or 31.12.2020 come into force?
Dear Mr. Baumgärtner,
For you, the ordinance becomes 31.12.2020 relevant.
With kind regards,
Stephan Hendel
Lawyer
Fork & Hendel
Lawyers PartmbB
Bajuwarenstr. 2e
93053 Regensburg
0941-307 948 90