Non Medical Personnel Operating Lasers

It never ceases to amaze me how many medical products are marketed for use to the non-medical market. There are so many skin care products making outrageous claims and product manufacturers making claims about their devices and all the while, marketing them to people who cannot legally perform services with the device. This problem is more prevalent today than ever before and this is counter intuitive since there has never been more regulation in the health industry and the FDA has stepped up compliance. 

I have previously written about skin care products that claim to alter and repair DNA (this is really funny because it is so outrageous); other products that claim to treat rosacea (even though when you read the package insert it refers to treating “redness”) and devices that are marketed to the aesthetic market when they are being offered to treat medical conditions. Sometimes the problem is that the device is a medical device being offered to non-medical markets. Other times the problem is that the device is treating medical conditions or the use of the device is such that it constitutes the practice of medicine.

I was reading Day Spa magazine today and I ran across an advertisement that I have seen for MANY years. It was for the Lamprobe. Interestingly enough, I met the owner about ten years ago and asked how he is marketing the device to the non-medical market. He had an unsatisfactory answer. It is not my intention to malign any particular product, but this one typifies the problem.

The Lamprobe advertises that it treats skin tags, broken capillaries, cholesterol deposits, cherry angiomas, fibromas, spider nevi, clogged pores and milia. Very interesting. An esthetician can treat NONE of these proposed uses. How can this product be ethically marketed to the non-medical aesthetic market when the user cannot legally perform the treatments? Virtually all of these proposed uses are outside the scope of license of an esthetician and they are clearly and squarely within the parameters of medicine. 

Just because a product is marketed to you, does not mean that you are legally permitted to use the product or servoce. The laser companies would gladly sell a laser to my dog Stoli if he would pony up the money!!

Paddy Deighan JD PhD
http://www.medicalandspaconsulting.com

More than a Few are Practicing Medicine without a License

Virtually every day, there is a a story relayed to me by a client, patient, or medical provider in which a person received questionable "advice" from a "practitioner". There are FAR too many non-physicians practicing medicine. The simplistic version of the practice of medicine is the diagnosing or treating medical conditions. It would also include the use of medical devices.

Today, I was on a conference call and one of the participants was relaying the story of a medical condition that had recently become more of a problem. The comments were made in passing and the individual was explaining why there was a delay in responding to a prior conference call.

It was a fairly serious medical condition. One of the conference call attendees proceeded to diagnose what the problem was and recommend a homeopathic remedy. I was very familiar with the "theory" behind the remedy. However, I was also aware that this proposed "remedy" had potentially dangerous side effects and that there is NO medical or scientific evidence to support its use in this situation.

I intervened and was told that I do not know what I am talking about and that allopathic doctors receive one hour of nutritional training so they do not know anything. I was compelled to illustrate that I have two doctorates and I would not have made the statement that the "practitioner" made. The "practitioner" had all of a high school diploma and little to no health training. I also was compelled to indicate that she was not a nutritionist.

There are colon hydro therapists, herbalists, personal chefs, juicing advocates, raw food enthusiasts, estheticians and many others that are practicing medicine every day. The more alarming thing is that there are MANY people that jeopardize their health by listening to these people. There are so many websites, blogs, webinars, retreats, etc being promoted by those of dubious credentials, knowledge and experience...all vying for a piece of the pie.

I am not suggesting that there is a lot of merit to many homeopathic concepts...I worked as a consultant with the Grand Father of Complimentary and Alternative Medicine (CAM) in the United States, Robert Atkins M.D. I saw first handed how such such remedies can be beneficial and save lives. However, there is a lot of ...for lack of a better term..."quackery" going on.

Actually, the most alarming this is that states are not doing anything about it on any concerted level.