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.