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As of January 01.01.2021st, XNUMX, non-medical practitioners may no longer remove tattoos using lasers without appropriate preparation. Take the chance now and book ours Complete advice for alternative practitioners. We ensure that you can legally remove tattoos even after December 31.12.2020, XNUMX!
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The ordinance on protection from the harmful effects of non-ionizing radiation when used on humans, or NiSV for short, was introduced in 2018 adopted. Especially in the area of laser tattoo removal, this regulation has massive effects on the professional practice of many tattoo removers.
As of January 01.01.2021, 5, according to Section 2 (XNUMX) NiSV, only physicians who are licensed and have received the appropriate medical training or advanced training may remove tattoos or permanent makeup using lasers. This means the inevitable end for many tattoo removers. In recent years in particular, many cosmetic studios or even entire chains have built a solid foothold with laser tattoo removal.
First of all, it is necessary to take a closer look at the regulation. It can be anticipated that the minimum requirement to be able to remove tattoos at all is training as a naturopath (or higher). All other groups of people are prohibited from performing the applications listed above. Section 5 (2) NiSV makes a clear statement on this. So it says here:
"Ablative laser applications or applications in which the integrity of the epidermis is violated as a protective barrier, the treatment of vascular changes and pigmented skin changes, the removal of tattoos or permanent makeup, and applications with optical radiation, the effects of which are not limited to the skin and its appendages are, like the fat tissue reduction, may only be carried out by licensed doctors with appropriate medical training or advanced training. "
Yes there is. This loophole can be found in Section 1 (1) NiSV. This says:
"This ordinance applies to the operation of systems for the application of non-ionizing radiation on people, which are too cosmetic or other non-medical purposes used commercially or in the context of other economic ventures. (...) "
The crux of the matter is that the The doctor's reservation only applies to cosmetic applications or other non-medical applications. Conversely, this means that laser applications, which for example alleviate physical or psychological suffering, are not covered by this regulation. Should such a condition be alleviated by the removal of the tattoo, the removal is for medical (and no longer cosmetic) purposes.
This is exactly why it is absolutely necessary to have at least completed training as a naturopath. Because according to Section 1 (2) of the Heilpraktikergesetz (Heilpraktikergesetz), alternative practitioners are allowed to cure or alleviate illnesses, ailments or physical injuries in humans. If the desired tattoo removal is absolutely necessary to cure or alleviate any physical ailments (e.g. allergies), this is not covered by the doctor's reservation according to the clear wording of the NiSV.
Definitely no! The laser treatment may not be delegated to the staff.
The former ministerial draft for the NiSV of May 30.05.2018, 5 still provided for the possibility of delegation in Section 2 (3) No. XNUMX
(2) Ablative laser applications or applications in which the integrity of the epidermis is violated as a protective barrier, the treatment of vascular changes and pigmented skin changes, the removal of tattoos or permanent make-up as well as applications with optical radiation, their effects do not have on the skin and their appendages are limited, such as fat tissue reduction, may only be performed by
- a specialist in skin diseases,
- a specialist in plastic and aesthetic surgery or
- Personnel with specialist knowledge under the direct supervision and responsibility of a specialist in skin diseases or in plastic and aesthetic surgery.
If you compare the design with the now current and valid version the NiSV one recognizes that the Section 5 (2) No. 3 has been deleted without replacement. In its decision-making process, the legislator executes the deletion as follows:
In the case of high-frequency treatments, which are used to reduce thermal fat tissue or to treat vascular changes or pigmented skin changes, these are services “which the Doctor because of their difficulty, their dangerousness for the patient or because of the unpredictability of possible reactions with the use of their specific specialist knowledge and experience must provide personally"(See announcement BÄK / KBV" Personal service provision - possibilities and limits of the delegation of medical services ", p. 3).
This is only consistent, since the legislator recognized the massive hazard potential of lasers within the framework of the NiSV. In the context of the medical delegation law, however, only treatments are included that do not present a great risk potential for the patient. Conversely, it can be assumed that the regulatory authority wanted such a dangerous activity to be carried out only by licensed doctors. This consideration also supports the decisions of numerous courts, which saw the tattoo removal by laser as a dangerous procedure, which - as currently - may only be carried out by doctors or alternative practitioners (personally). At this point we refer to ours Article on the so-called picosecond laser. This has a different mode of action than the nanosecond laser and, in our opinion, offers significantly less hazard potential. A current court decision on our opinion is still pending - but is pending by our law firm at the Nuremberg Higher Regional Court. We will inform you on our website as soon as there are any innovations in this matter.
If you have any questions on the subject, please contact our office. For alternative practitioners in particular, the procedure outlined above is an opportunity to continue their work after December 31.12.2020, XNUMX. However, this should definitely be accompanied by a lawyer, as this still represents a loophole and can be changed at any time. In addition, the above is our legal opinion, which we present for our clients to authorities, competitors, etc. in any proceedings. In sum it can be said: the The opportunities for alternative practitioners are great - but they are also associated with a certain risk.