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I live on Long Island, NY and looking to expand my business. I want to hire a nurse to do cosmetic laser treatments and injections out of my salon. I am unfamiliar with the laws for New York State.
It's great you want to expand your business. This area is highly regulated. I'm in California & not in NY so get NY counsel. Here, I've represented lots of medical aesthetic practices including "med spas" which sometimes are not operated under the law. There are lots of people not following the laws.
So first, your question is incomplete. Doesn't say if you're cosmetologist or esthetician or both. Also laser hair removal will be treated differently than laser IPL skin resurfacing or Botox and other injections in NY. Will also depend if laser "cosmetic" treatments are "invasive" to see whether they're more medical. Noninvasive laser will be a key term.
So step 1, get educated on the laws and rules. Rules on laser hair removal in NY are different than Botox and other injections and other laser medical skin treatments. Also rules about whether nurse can be hired by non-medical professional. Usually this is not allowed and can be unlicensed practice of medicine.
You can do basic research before hiring lawyer. Do NOT count on laser machine companies for legal advice. I've seen salons here buy machines they couldn't legally operate. Again NY different but the sales people are not lawyers.
As a cosmetologist or ethetician, you and your salon are govern by NY Dept of State on licensing. You're not licensed to do these procedures yourself. But with laser, the laws in NY are different and there are laser technicians and ways to do it.
According to NY licensing on "Appearance Enhancement (Cosmetologists, Estheticians, Nail Specialists, Natural Hair Stylists and Waxing Specialty)" it provides:
"Consumer Advisory: The Department of State cautions that laser and laser-like devices to perform non-invasive cosmetic procedures are not subject to regulation by the Division of Licensing Services. Laser hair removal services may be offered in licensed appearance enhancement businesses by licensed practitioners notwithstanding that such services are not included in the course of study for licensure."
I have seen NY cases where an esthetician got charged for offering laser treatments for procedures other than hair removal and was accused of the "unauthorized practice of medicine.” Many medical esthetic procedures involving injections and laser skin treatments often involve diagnosing, treating, operating or prescribing treatments and therefore fall in the practice of medicine.
So go slowly and determine the right way to proceed. And get legal advice before hiring a nurse or doing any procedures. Get insurance as well. Good luck.See question
I take Morphine for pain management. I need to keep a few with me in case of breakthrough pain, but I don't want to carry around the bottle so people are tempted to steal them.
I believe the DEA requires the bottle for safety and other reasons. There must be a way to transport so it's in a backpack, purse , briefcase so bottle can't be seen. If you left the morphine out - there'd be no labeling if you lost it or it got stolen. Check your local state laws.See question
I have a Water Store and I have been told that I can not advertise ,that I sell Alkaline Water. Supposedly the word "Alkaline" is not permitted to use in California. However I have seen numerous advertisements with other businesses, plus we have r...
This is becoming an issue in the vending water shops which the State regulates. First of all the fact that others advertise "alkaline" water isn't going to be the best defense here. Under California Health and Safety Code Section 111120 the Food & Safety Unit of the CA Dept of Health can prevent you from "misbranding." Under Section 111170, the same unit can make you and other vending water stores follow labeling and advertising laws. The only label they allow is "Drinking Water" or "Purified Drinking Water" but you can indicate the method you use to purify. This is becoming a hot topic because some State people believe that low income or ethnic communities over pay for water. There is also a concern because some people advertise health benefits for "alkaline" water. You need the State license and they can regulate you.
My advice is this is an industry issue and you and other shop owners should band together and lobby the State and get advertising and selling water that has been treated with an ionizer that has a certain Ph.
By the way, retail bottled water is governed by a different agency. Suing the State won't work. They have immunity. This is a policy issue and you need a smart approach that shows you understand the law and the issues. Lobbying is also important. This is an industry issue. Good luck. Tracy GreenSee question
What are the federal laws concerning non-controlled prescription drugs? Can a person be charged for possession of a non-controlled prescription like an antibiotic? Thank you
This is a very general question. It may depend on the circumstances such as whether they are for sale or misbranded or something else. If you're asking whether it's a federal crime to possess an antibiotic pill that was not prescribed to you for your personal use, it is not charged under the DEA. But if there is sale of such non controlled prescriptions then the FDA laws come in.See question
I have recently gone to skincare clinic for laser hair removal and I have signed the form which indicated it can happen some burning and side effects, and during the process, my lower lip burned because the technician did not remove my lip liner a...
This is a medical malpractice question. I am adding the practice area. I assume you signed a consent form but it does not preclude you from suing for negligence but there could be an issue of whether this was part of assumed risk but will depend on whether not taking lip liner off was below the standard of care. You should be mindful of the statute of limitation in your state which could be as little as one year. Good luck.See question
6 felonies with prison time served
This depends on whether state or federal, and what state. If federal, there is no expungement. In states such as California, if state prison time was served - no expungement. Be specific as each convicton may be dealt with differently. Arizona doesn't have true expungement. it has a "set aside" process which can help in background checks but some felonies are not eligible for set aside in Arizona (sex offender, etc.). Get details on each conviction and then seek counsel in the state where conviction was obtained. Good luck.See question
Took the test to become a California certified massage therapist around December 22nd. Originally camtc the certifying council stated they were behind and it would take 90 days. Called early March after someone who tested after me received the cer...
Based on my experience, I think it is very unlikely there are grounds for a lawsuit but another lawyer may differ. However, to solve this issue, I suggest the following. I know that you say this business needs the physical certificate but this seems odd and you may be able to get your certificate number so they can verify online you have a certificate while you wait for certificate. In fact, online verification is often more accurate than a physical certificate. You may also be able to print out the verification for your file while the actual physical certificate comes through. In any lawsuit there is a duty to mitigate damages and I would try this option with the employer. Good luck.See question
Well, on Wednesday April 25th my mother had went to our mutual doctor that we both go to for pain management an during her visit with the doctor he had asked her if I was on drugs. I have a mental illness an there is a reason I act strange he did ...
I agree with Mr. Marshall in that's it's not a violation of HIPAA. In fact, since you see this doctor for pain management and may be getting prescriptions for scheduled drugs, if you were "acting strange" it is required for the doctor to follow up on this red flag. Otherwise, he could be charged criminally with prescribing to an addict. You must have read the many articles about doctors being charged with prescribing to pain management patients who also use other drugs or abuse their prescriptions. So don't let your embarrassment prevent you from getting treatment. My view is to be grateful that the doctor cares enough to ask since he doesn't want to further any addiction or have you accidentally overdose. Take care of your health and seek psychiatric help as well and let both physicians coordinate your care. and make sure they each know what medications the other is prescribing. Be well.See question
My son has been in jail since October 2016 , due to gang related threats and confratation ,where he defended himself with illegal gun ,but no one was harmed , he is a 3 time war vet and no prior records, and has 100% PTSD ,and prior brain injury, ...
If you can gather your son's Vet records - discharge, dates of service, etc. Contact PD and see if your son qualifies for Vet Court. Here is link: http://pd.co.la.ca.us/Rest_veterans.html
It is under Penal Code 1170.9 and it's a 15 to 18 month program. Generally, violent crimes aren't to be handled but perhaps the PD can go to the DA supervisor (director of central operations in downtown I think) and seek an exception.
Judge Michael Tynan
There's a court form ML-100 which you can find on court website that should be filed in your son's criminal case. See form on this website: http://www.courts.ca.gov/11181.htm#acc11380
Contact the VA where your son got treatment. See if they can provide proof of his medical issues PTSD etc.
One contact from prior years was Sergio Antoniuk, VJO. Don't know if he's still there but you can try.
Another resource I can give you is Public Counsel a pro bono firm that has a Vet Advancement Clinic and can't represent in criminal cases but can help coordinate with VA and help provide the Public Defender with support and information. Call for intake: 213-385-2977 x 301. Website is: http://www.publiccounsel.org/practice_areas/center_for_veterans_advancement
Perhaps his Public Defender has already tried all this but I've given as much info as I can so you can advocate and get the VA involved and see if he qualifies for Vet Court. Good luck!See question
I was convicted of a felony in 2011 but it was expunged in 2015. I then applied and was denied, I tried to reapply because It was expunged and I was denied because I didn't disclose I was denied previously. Any ide?
Your options are to appeal or wait for a year from denial and reapply again and make sure you read ALL rules and do a very thorough application that discloses past expunged conviction and prior denials. You should also submit proof of your rehabilitation and remorse in not being more careful in past in completing applications under penalty of perjury. You may have a good chance on appeal but it is hard to tell and will depend on the strength of your background, character and evidence of rehabilitation. Good luck.See question