What is the legal situation for tattoo removal?
We receive daily inquiries about the current legal situation. It is usually the question of whether a non-medical practitioner and non-doctor tattoos by laser may remove.
The Reformed Radiation Protection Ordinance is in force. It says that only approved doctors with appropriate medical training or advanced training, laser tattoos cosmetic may remove (Article 4, Section 5, Paragraph 2 of the Ordinance on the Further Modernization of Radiation Protection Law)
Since we are often asked where exactly this is, we have attached to you the regulation for the further modernization of the radiation protection law. Scroll to it Page 156 of the PDF document, There you will find this information.
The answer is: Nein! You can continue to operate your tattoo removal practice - but with a few adjustments. The new ordinance on protection against the harmful effects of non-ionizing radiation when used on humans (NiSV) only describes that the “cosmetic” or “other non-medical” removal of tattoos may only be carried out by doctors. This means that the scope according to § 1 NiSV only opened for these areas.
Again, the answer is quite clear: Nein! Already, the removal of tattoos may only be performed by naturopaths or doctors. Something else, according to our law firm, only results if you use a picosecond laser.
This is based on the fact that the removal of laser tattoos can be a dangerous interference with the physical integrity of the patient / client. It has therefore been confirmed in numerous court cases by experts that the use of lasers for tattoo removal is a curative treatment. The practice of medicine is in Germany Licensed doctors, dentists and psychological psychotherapists and according to § 1 of the Heilpraktikergesetzes Naturopaths limited.
The further legal problems to this matter we have in this Post summarized.
We hear this answer almost every day. Unfortunately, we always have to reciprocate that illegal he follows. In many federal states the matter of tattoo removal by laser was simply too new that it could be effectively monitored. Also, many authorities suffer from a lack of staff, so that your business may not have been reviewed. It is also irrelevant whether you have a medical background such as training as a nurse. If the health department inspects your business more closely, then the closure and imposition of a the fine, There are also there criminal components to be observed.
As already mentioned, the removal of tattoos by laser is only allowed to a small group of people. This leads to the fact that even these persons remove the tattoos legally can perform. The easiest way is to enter into a cooperation with such a qualified person.
If you have any questions about the contact with alternative practitioners or doctors or the procedure of this method, we are at your disposal.
If you are a naturopath, then we are happy to show you the possibilities, as well as your practice legal to 2021 continue to operate. The NiSV offers loopholes!
If you operate a laser tattoo removal studio and are not a doctor, you should take urgent action so that you can continue to operate your business in the future.
If you have questions about the NiSV, ours is ours Lawyer Stephan Hendel are available.