Legal vs. Illegal Practices – Do You Know Who is Injecting You?

When you enter a MedSpa or cosmetic service provider’s office, you expect to receive treatment from a professional, licensed individual who knows what he or she is doing. Unfortunately, this isn’t always the case. With the increase in “17032306 - legal vs illegal illustration design over a blackboardspa” parties, medispas, and other establishments boasting to offer cosmetic services such as Botox and fillers, it’s important to do your homework to ensure you’re working with an establishment that’s legally performing the services you seek. DermaTouch RN just celebrated its ten year anniversary, which is in part due to our ethical and legal practices as well as our focus on putting the patient’s needs and safety first.

Did you know that all injectables require a prescription?

When we speak of injectibles, we mean fillers such as Juvederm products (Voluma, Ultra, Ultra Plus), Restylane, Kybella, Sculptra, Radiesse, Botox, and Dysport. These all require a prescription before being injected. Further, certain chemical peels require a prescription.

Who can legally inject with a prescription?

Per our recent blog post, “Who Can Legally Inject Based on Texas Medical Board Rule 197.13?” we shared that, “Per the Texas RULE §193.17, a midlevel practitioner, in addition to a physician, can inject with a written order. A midlevel practitioner is defined as “a physician assistant or advanced practice registered nurse.”

Who should NOT be injecting you?

Licensed Estheticians of any sort are not permitted to inject or use any product or procedure that comes in contact with or penetrates the dermis layer of the skin. In other words, it is illegal for an esthetician to be injecting you, even if delegated by a doctor. Unfortunately, this type of practice happens more often than it should.  Also, an esthetician is not authorized to use lasers for hair removal, teeth whitening, or skin resurfacing.

Medical assistants who are injecting offer another area of concern. “Medical assistant” has no true legal significance in Texas. There are no required training, licensing, or certifications. When direct care is provided by a medical assistant, the patient must be notified of such. Medical assistants are not permitted to write prescriptions and in most cases are prohibited from doing cosmetic laser treatments, fillers, or Botox injections without a prescription. Doctors may be subject to disciplinary action for professional misconduct if they allow a medical assistant to do such things.

How can we ensure legal vs. illegal practices?

Always do your research before having any type of cosmetic treatment performed. Ask for licenses and credentials. If you find that an esthetician or individual is performing injections or services he or she should not be, please contact the Texas Medical Board at 512-305-7030 or 1-800-248-4062 or http://www.tmb.state.tx.us. We want to keep our community and patients safe, first and foremost, and the only way to stop such illegal action from happening is to report it.

To find out more about DermaTouch RN and how we approach ethics and cosmetic procedures, visit www.dermatouchrn.com. We’re here to help you create a cosmetic and aesthetic procedure approach to support your skin care needs and goals.