Well I just spent over 3 hours on the phones trying to find out the state regulations in Texas for laser tattoo removal and all I can tell you is their are 4 regulation boards that can have an input on your business but none of them have any specific laws in place that that say who can practice tattoo removal in the state of Texas.
Here is what I found out during my search though the fog of state government regulations...
1. Your laser must be FDA approved according to the Texas Department of State Health Services (DSHS) and it can only be operated with the supervision of a medical doctor who determines whether he or she is onsite while the laser is in use. The MD must also assume all responsibilities and liabilities associated with the lasers use.
2.Your laser must me registered with the Texas Department of State Health Services (DSHS )- Radiation Safety Licensing Branch (RSLB). You must fill out forms ZZ113-120, RC Form 301-2, RC Form 226-1, pay a two year fee of $230.00 in accordance with Title 25 Texas Administrative Code and you must graduate a Laser Safety Officer Course (LSO) RC Form 42-L that has been approved by the state of Texas Medical Board.
3. The Texas Medical Board "suggest" that you acquire laser malpractice insurance and abide by the same laws that pertain to hair removal, but after going back and forth they ultimately agreed that there are no specific laws that addresses tattoo removal procedures. They also agreed that by following the top two steps any one should have the right to practice tattoo removal legally in Texas, but will probably be met with some resistance if a laser related injure should occur.
The problem with finding any definitive regulations about practicing tattoo removal in the state of Texas is because this industry is still very new to Texas and they have yet to address it completely. The other problem is that there are too many variables involved in tattoo removal to let one governmental department regulate it on their own. Since your equipment is regulated, the safety is regulated, the business has regulations, your training could possibly be regulated, and your insurance is regulated; it very difficult and confusing to get the answers you desire. I would suggest calling Jeff Manfell or Saul Alvez at the Texas Department of State Health Services (DSHS) who were great at walking me through this bureaucratic maze. They will definitely help with the clarification and understanding of the rules that are in place but cant be found or directly attributed to laser tattoo removal...
Jeff Manfell - 512.834.6755 (ex2326)
Saul Alvez - 512.834.6755 (ex2336)
http://www.dshs.state.tx.us/radiation/laser.shtm - Texas Department of State Health Services - Radiation
http://www.dshs.state.tx.us/dmd/ - Texas Department of State Health Services - Medical Devices
http://www.tmb.state.tx.us/ - Texas Medical Board
http://www.lia.org/store/course/LSOHA1112 - Laser Institute of America
I hope you enjoyed this blog, if you have any question or if you are interested in receiving laser tattoo removal training please check out our web site www.ilaseracademy.com or call me directly at the number or email below.
Lorenzo Kunze II, CLS/MLS
Owner / Lead Instructor: International Laser Academy