Alex R. Thiersch J.D., founder and director of the American Med Spa Association (AmSpa), shares his legal insights on performing CoolSculpting.
CoolSculpting is a popular body-sculpting treatment. However, questions still exist regarding who can perform it. Because cryolipolysis treatments don’t use light-emitting devices or lasers, they fall into a legal grey area, because existing laser statutes don’t cover it directly. It has been argued that cryolipolysis does not fall under the practice of medicine, because it isn’t covered under existing regulations.
If this is the case, any practitioner could perform these treatments, provided he or she is properly trained to do so, and the practice would not need to conduct a face-to-face exam with a licensed medical professional prior to the procedure. However, medical boards generally identify a procedure as a medical treatment when an ailment is diagnosed and living tissue is impacted. Because of this, cryolipolysis, from a legal standpoint, is a medical treatment.
Medical esthetic practices that don’t use the same in-office procedures for cryolipolysis treatments as their laser treatments are leaving themselves vulnerable and taking a legal risk.