The Cosmetic/Aesthetic Procedures Position Statement by the Georgia Board of Nursing

Our healthcare and business law firm works with many medical spas to ensure compliance with state and federal laws, rules, and regulations.  Recently in Georgia, the Georgia Board of Nursing published two long-awaited position statements; one on “Cosmetic/Aesthetic Procedures,” and the other on “IV Hydration.”  This blog post discusses the Nursing Board’s position statement on Cosmetic/Aesthetic Procedures.  Even if your practice is not in Georgia, it is helpful to consider the perspective of different states because state licensing boards will often consider other published positions when developing policies and positions.  If you need assistance understanding how either position statement impacts your practice or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Prior to discussing the substance of Nursing Board’s position, here are some important points:

• You can find the two-page Cosmetic/Aesthetic Procedures Position Statement here. We recommend reviewing the Position Statement in its entirety.
• The Nursing Board defines the “cosmetic/aesthetic procedures” discussed within the Position Statement as “neuromodulator and dermal filler injections (e.g., Botox, Restalyne, Collagen).”
• If you are a Nursing Board licensee and received an email from the Nursing Board with this Position Statement, it was circulated to all licensees, not just you.
• Per our firm’s understanding of the rules and laws in Georgia, the Cosmetic/Aesthetic Procedures Position Statement did not change the requirements in Georgia; however, it did provide much-needed clarity, particularly for med spas that have been operating without the assistance of legal counsel.

Now, let’s get into the Nursing Board’s position:

First, the big takeaway is that a registered nurse (“RN”) can only perform cosmetic/aesthetic procedures after a physician, nurse practitioner, or physician assistant has evaluated the patient, personally performed a history and physical, and prepared an “individualized order/prescription.”

Second, for businesses that have been using standing orders, the Nursing Board states two separate times, both in bold font: “Standing orders are not an appropriate substitute for the individualized order/prescription and history and physical.”

Third, the position statement also discusses the role of licensed practice nurses (“LPN”) in providing neuromodulator and dermal filler injections and provides: “It is not within the scope of practice for an LPN to perform prescribed/ordered cosmetic/aesthetic procedures.”

Fourth, the Nursing Board also provides that each cosmetic/aesthetic business must “establish and maintain policies and procedures on-site for the administration of cosmetic/aesthetics and emergency interventions.”

For nurses in Georgia who have been practicing in a way that is not in full compliance with the Position Statement, there are options for modifying your business to come into full compliance.  If you need assistance understanding how either position statement impacts your practice or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

 

 

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