Tattoo removal only from the specialist?
Please note the following remarks - a lot has happened!
We have already reported a lot on the subject of laser tattoo removal. It now seems to be clear who is still allowed to (legally) operate such a laser device in the future. In a nutshell: everyone licensed doctor (cosmetic and medical) with appropriate Continuing education or training and everybody Naturopaths (medical only). However, we expressly point out that the legal situation for alternative practitioners is a snapshot and that they should contact us before they continue to remove tattoos with the laser.
The aim of the Federal Government was to issue a decree for the further modernization of the radiation protection law. Lawmakers have recognized that the number of laser tattoo removal studios has increased dramatically. There was sometimes no uniform legislation on this.
The on 05. September 2018 passed regulation is now to create clarity on who may remove tattoos using laser in the future. Thus, the regulation in § 5 para. 2 (expertise on the use of laser devices and intense light sources) on page 263 states the following:
(2) Ablative laser applications or applications that violate the integrity of the epidermis as a protective barrier, the treatment of vascular changes and pigmented lesions, the removal of tattoos or permanent make-up, and applications with optical radiation whose effects do not affect the skin and their appendages are limited, such as adipose tissue reduction, may only be carried out by
Contrary to the instructor's draft of the 30.05.2018, only specialists for skin and venereal diseases or specialists for plastic, reconstructive and aesthetic surgery are allowed to operate lasers for the removal of tattoos.
Legislators also make it clear that no other doctor - and thus also no alternative practitioner - may operate more such a laser.
Based on the linked document, you can also recognize that the legislator has included such a transitional provision under § 13 (transitional provisions) on page 265 also for tattoo removal studios. After that you are allowed to use the 31. March 2019 - under the old legal situation - a laser can be operated. From the 01. April 2019 are allowed to do so only according to said specialists.
§ 13 (transitional provisions)
(1) For applications of laser devices and intense light sources operating on the 31. December 2018 have already been operated, § 5 paragraph 2 applies from the 1. April 2019.
Here, according to the BGB, there is the possibility of adapting your contract or even terminating it. It is important to act quickly and to declare the contract adjustment or termination legally compliant to your contractual partner.
We strongly recommend that you contact a specialized lawyer for enforcement. If you have any questions about this topic, please contact us Lawyer Stephan Hendel like in detail.
This should be less of a problem, as you at least until 04. September 2018 did not (seriously) expect that this regulation (in its sharpness) so happened to the Federal Cabinet. Here, too, the BGB helps you with the adjustment or rescission of contracts.
Whether you actually get a legal problem with your customers could be purely theoretical. This follows from the consideration, because you according to § 13 para. 1 of the Regulation (transitional provisions) in any case until the 31. March 2019 can continue the treatment. Most tattoos should be removed by this date.
From the point of view of the new regulation, it is no longer advisable to sell 'flat rate packages' or 'session packages'. This is because you can only guess badly if you have all the patients until the 31. March 2019 have finished.
Since the 05. September 2018 clarity exists that the regulation has passed the federal cabinet, you can only go to 04. September 2018 in good conscience that you could accomplish a natural removal (legal) as well.
If you do not belong to the group of people named in Section 5 (2), it is now necessary to limit the damage. Lawyer Stephan Hendel and the entire Gabler und Hendel law firm are at your disposal for this purpose. We will be happy to explain how you can best deal with the regulation. Just get in touch with us.
The lawyers of the law firm Gabler and Hendel represent many studio operators and franchisees. We have already conducted many lawsuits and know the specifics of the industry.
Also keep in mind that your franchise fees are in most cases despite professional ban continue to accumulate. Again, it is important to check whether your franchise agreement can be terminated. As a rule, this should not be a problem. However hide in some franchise agreement pitfalls, which prevent a termination. Again, we advise you.