There seems to be a massive increase in the number of non-medical personnel injecting Botox® Cosmetic, dermal fillers such as JuveDerm, Collagen, Perlane, Hylaform and Restylane. There is a correspondingly huge increase in the arrogance with which such providers are maintaining that they are allowed to do this. In the past two weeks, I received contacts from physicians in New Jersey, Texas, Colorado, California and Nevada about the issue of estheticians injecting Botox® Cosmetic.
The argument that they are allowed to do this is that they are doing so under supervision of a physician. IF this is legally supportable, the non-medical personnel would have to be DIRECTLY employed by the physician and properly supervised by the physician. Remember that I stated “IF” this is legally supportable. Other times they are stating that the physician can DELEGATE this to the non-medical personnel. Again, “IF” this is legally supportable (and it isn’t), the injector would have to be directly employed by the physician and supervised by the physician. Additionally, it would be far more preferable if the injector was NOT and Independent Contractor of the physician. He or she should be an employee.
Realize that there are many issues presented here- not the least of which is insurance coverage. If an esthetician injects Botox® Cosmetic , Collagen, Restylane, Perlane, Hylaform, Juvederm etc., there is NO insurance coverage for this procedure!!
Another issue is that the esthetician license is frequently not recognized in the medical office. Accordingly, the esthetician is an unlicensed non-medical person performing medical treatments. Even in situations in which the esthetician license is recognized in a medical office, the scope of their license NEVER allows them to inject Botox® Cosmetic or dermal fillers.
So, let’s sum this up…non-medical personnel are injecting prescription drugs and medical devices through a syringe and there is no professional negligence coverage; and they are doing so outside the scope of their license. This is OK??? Really?? Guess what…it isn’t OK….for the simple reason that they are engaged in the “UNAUTHORIZED PRACTICE OF MEDICINE”!!!!! EVERY state prohibits this! EVERY STATE! The state Attorney General can prosecute such cases..wanna go there???