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.
* ATTENTION: THE FOLLOWING PART IS OUT OF DATE *
And represents an outdated legal situation!
But what exactly does the new regulation regulate?
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
- a specialist in skin and venereal diseases or
- a specialist in Plastic, Reconstructive and Aesthetic Surgery.
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.
I run such a studio. What does this mean for me?
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.
What do I do with my expensive laser?
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 Attorney Stephen Hendel like in detail.
And what about my customers who have already paid for their tattoo removal?
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.
OK, but how do I behave?
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.
What do you recommend to me now?
If you do not belong to the group of people mentioned in § 5 paragraph 2, it is now necessary to limit the damage. Attorney Stephan is at your disposal for this Hendel as well as the entire law firm Gabler und Hendel gladly available. 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 und Hendel represent many studio operators and franchisees. We have already conducted many court proceedings and are also familiar with the special features 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.
Reiter 1
Reiter 2
Hi all,
Is it really already decided that only doctors are allowed to do the tattoo removal. There is a petition against this regulation. https://www.change.org/p/dr-joachim-lohse-drohendes-berufsverbot-bei-laseranwendung-nein-zum-facharztvorbehalt-nisv
What chances do you see that such a petition has succeeded?
Furthermore came in the media that the regulation only 2020 enters into force. Is that correct?
Regards
Manuel
Dear Mr. Kraus,
that this petition will be successful, I think goes to zero. She brings hardly any reasons, which the legislator would not have considered. In addition, an important asset, and therefore the health of this regulation in the foreground. In this respect, the legislature will hardly be impressed by this. If necessary, a constitutional complaint could be effective against this.
The doctor's reservation only comes into force at the end of 2020, this is correct.
With kind regards,
Stephan Hendel
Lawyer
Hey,
Sooooo, you can not let doctors lase you until the end of 2020 because the specialist doctors still have to acquire the know-how? Somehow it is absurd that people who have several years of experience who do not take black sheep into account are simply replaced by physicians who, in comparison, are much less in the matter and rarer in existence. To be honest, it's a shame that people are not even given the chance to make a name or simply to start a partnership with a specialist. I've had 2 sessions with a non-doctor and my skin is fine, but the eventual misery will only show up in 2021.
With kind regards,
Torben mouthstick
Hallo,
yes, that's right. However, we would like to point out immediately that the lasering of non-medical practitioners may also be inadmissible under the current law.
With kind regards,
Stephan Hendel
Lawyer
I am a franchisee in a company that offers Permanent Hair Removal with IPL. What is to be expected for me? The company is very professional and says of itself, we are certified. There is a separate training department and all 6 months re-certifications.
Do I now come under the regulation with my company?
Thank you in advance.
Hello Marcello,
yes, you also fall under the regulation with your company. You must have a corresponding certification in each case. The extent depends on various factors. These can be found in the 3 Annex from the new Radiation Protection Ordinance.
If you have further questions, we are available by phone.
With kind regards,
Stephan Hendel
Lawyer
Fork & Hendel
Lawyers PartmbB
Bajuwarenstr. 2e
93053 Regensburg
0941-307 948 90
Hallo,
In the meantime it is the case that you can continue until the end of 2020 (not April 19) and from then on every doctor with the necessary specialist knowledge (not only dermatologists & FÄ f. plastic / aesthetic surgery) can perform the removals or not?
LG
Hallo,
So carry on as such any curative practitioner and certified doctor. From 2021, only licensed doctors are allowed to do the tattoo removal by laser. The contribution is already older and describes the then legal status.
With kind regards,
Stephan Hendel
Lawyer
Fork & Hendel
Lawyers PartmbB
Bajuwarenstr. 2e
93053 Regensburg
0941-307 948 90
Unfortunately I read in the article not out whether this final decision concerns only the Nanolaser or also the Picolaser?
The current legal situation can be found in this post, Here too the question about the picosecond laser and nanosecond laser is answered.
I started a tattoo laser treatment a long time ago and I still need a few more sessions. At the beginning I paid a flat rate for the full treatment. Now this cannot be concluded due to the new regulation. What about the total amount already paid? Is the beautician required to provide a refund? So far he has not commented on this to me. How can I proceed?
Thanks in advance!
Dear Mrs. Ziegler,
You now have several options. On the one hand, you could claim your money back on a pro-rata basis. On the other hand, you could have the treatment carried out by a doctor and bill the beautician for the costs that have now arisen (compensation). I recommend confronting the beautician with this situation and discussing both solutions with him - of course only if you want to. In any case, the beautician has the problem that he has to keep his part of the contract. If he cannot / is not allowed to do this, the contract can be terminated or compensation for the alternative treatment can be demanded.
With kind regards,
Attorney Stephan Hendel
Dear Sir Hendel,
I hope I can still reach you through this post.
I had some laser treatments for permanent make-up removal carried out by a naturopath. Since these were rather unsuccessful, I had an appointment with a dermatologist. He immediately pointed out that the lady should not have carried out the laser treatments. She did not respond to two letters in which I asked her for an opinion. During a consultation with my legal protection insurance, I didn't really get any smarter. Can I reclaim the costs for the treatments I have received from the naturopath because she should never have carried them out? According to her website, she has the following advanced training courses: training in tattoo removal with a laser, laser safety officer in the field of “lasers in medicine”.
Many thanks and best regards
Jasmine Hamann
Dear Ms Hamann,
Whether the alternative practitioner was allowed to carry out the treatment depends heavily on the individual case. There is definitely the possibility that a non-medical practitioner can also remove tattoos or permanent make-up using a laser. But then this would have to be done on the basis of medical treatment. Only then is the scope of Section 1 NiSV not open, which means that Section 5 (2) NiSV is not reached. In order to clarify this, it would make sense for you to arrange a consultation with me. If you would like to do this, please call us or use this link.
With kind regards,
Stephan Hendel, LL.M.
Lawyer