Key Takeaways
- Laser hair removal is considered the practice of medicine in Illinois. Under the Illinois Medical Practice Act, laser hair removal is classified as a medical procedure. A licensed physician must perform the procedure or properly delegate it in accordance with statutory supervision requirements.
- Delegation is allowed but requires physician oversight. Physicians may delegate non-ablative laser procedures to nurses, nurse practitioners, or trained assistants, but the physician must establish the treatment plan, ensure proper training, and remain available during the procedure.
- Medical spa structure and ownership must follow Illinois law. Because laser hair removal is considered a medical service, the Illinois corporate practice of medicine rules apply. Medical services must operate through a properly licensed professional entity and cannot be combined with cosmetology services within the same business structure.
Is Laser Hair Removal a Medical Procedure in Illinois?
Medical spa owners often assume laser hair removal is a cosmetic service that licensed aestheticians can perform. Illinois law treats it differently.
Under the Illinois Medical Practice Act, laser hair removal and other similar treatments are classified as the practice of medicine. Only a licensed physician may perform the procedure unless the physician properly delegates the task under the Act’s supervision requirements.
This classification places laser hair removal under the regulatory authority of the Illinois Department of Financial and Professional Regulation (IDFPR). IDFPR has shown increased scrutiny of how medical spas structure staffing, supervision, and delegation for laser services.
Practices that treat laser hair removal as a cosmetic service may face regulatory issues if the service is not set up and supervised as a medical procedure.
What Makes Laser Hair Removal a Medical Procedure in Illinois
Under the Illinois Medical Practice Act (the “Act”), the use of laser and energy-based devices for cosmetic or dermatologic treatment is broadly defined as medical care.
Covered technologies include:
- Laser devices used for hair removal.
- Intense pulsed light (IPL) systems.
- Radiofrequency devices.
Even when these services are marketed for cosmetic purposes, Illinois law regulates them as medical procedures. A physician must either perform the procedure personally or delegate it in compliance with the Act.
Who Can Perform Laser Hair Removal in Illinois?
Who can perform laser hair removal in Illinois depends on the provider’s professional license and the type of laser procedure.
Physicians
A physician may perform laser hair removal without delegation.
Before treatment begins, the physician must:
- Conduct an initial patient evaluation.
- Establish a treatment plan.
- Establish the physician-patient relationship.
Once the treatment plan is in place, the physician generally does not need to examine the patient before each session if the procedures continue under the same plan.
Beginning January 1, 2025, Illinois law permits a limited exception to the in-person physician examination requirement for certain non-ablative laser procedures. The exception applies only when all of the following are in place:
- A physician delegation protocol.
- A patient evaluation performed by an APRN.
- Delegation to properly trained nursing staff.
- Physician availability during treatment.
Registered Nurses and Nurse Practitioners
Registered nurses may perform non-ablative laser procedures if a physician properly delegates the task. The physician must remain available during the procedure by telephone or electronic communication to address complications or answer questions.
Nurse practitioners may also perform non-ablative laser procedures when properly delegated. In certain situations, full practice authority APRNs may not require physician supervision.
Licensed Aestheticians and Cosmetologists
Licensed aestheticians and cosmetologists cannot perform laser hair removal. Illinois regulates laser procedures under medical licensing laws. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act (BCENT) does not authorize cosmetology professionals to perform these treatments.
A physician may delegate non-ablative laser procedures to an unlicensed assistant, but the assistant must operate within a medical framework and under physician supervision. The assistant cannot represent the treatment as a cosmetology service or claim to perform the procedure under an aesthetician or cosmetology license. The patient must also receive an in-person physician evaluation before the first treatment.
Laser Hair Removal Supervision Requirements in Illinois
For medical spas and physician practices, supervision and delegation are the core compliance issues. The supervising physician must:
- Establish the treatment plan.
- Delegate the procedure appropriately.
- Ensure personnel receive proper training.
- Remain available during treatment.
Supervision requirements vary depending on the type of procedure:
Non-Ablative Laser Procedures
For non-ablative procedures, physician supervision may occur either:
- On-site.
- Remotely, provided the physician remains available electronically during the procedure.
Ablative Laser Procedures
Ablative procedures have stricter supervision requirements. The supervising physician must remain physically present on site while the procedure is performed.
Training and Documentation Requirements
Illinois law requires documentation of training and education for every individual performing laser procedures and for each device used at the practice. Recommended documentation typically includes:
- Training certifications for each laser system.
- Delegation protocols and standing orders.
- Documentation of the physician’s patient evaluation.
- Records identifying the individual performing each treatment.
- Procedures explaining how the supervising physician remains available.
Although the law does not require every element of supervision to appear in a single written agreement, organized documentation matters if IDFPR reviews your practice.
Medical Spa Compliance and Business Structure in Illinois
Compliance involves more than staffing and supervision. Ownership structure also matters. Illinois follows the corporate practice of medicine doctrine (CPOM), which restricts who may own or control a medical practice.
Because laser hair removal is classified as a medical service:
- Medical services must operate through a professional entity owned by licensed professionals.
- Non-physicians generally cannot own or control a medical practice.
- Professional entities are limited to specific professional services.
This creates a challenge for medical spas offering both medical and cosmetic services.
Illinois law generally requires medical spas to operate through two separate entities:
- A medical entity providing medical treatments such as laser hair removal.
- A separate cosmetology entity offering services such as facials or aesthetic treatments.
The separation prevents confusion about whether a service is medical and who has authority to perform it.
Although some medical spas operate without separate entities, IDFPR enforcement trends show increasing attention to these compliance issues.
How Jackson LLP Helps Medical Practices and Medical Spas
Jackson LLP works with healthcare professionals and medical spa owners to evaluate their operations and bring them into compliance with Illinois law. This includes reviewing staffing and supervision models, identifying potential risks, preparing or revising protocols and delegation documentation, and advising on ownership and entity structure.
Book a free 15-minute consultation to find out where your practice stands and what steps you may need to take to reduce risk and operate compliantly. We provide flat fee legal services for healthcare providers.
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Frequently Asked Questions
Is laser hair removal considered the practice of medicine in Illinois?
Yes. The Illinois Medical Practice Act classifies laser hair removal and similar cosmetic treatments as the practice of medicine. A licensed physician must perform the procedure or properly delegate it under the state’s statutory supervision requirements.
Who can legally perform laser hair removal in Illinois?
A physician may perform the procedure or delegate non-ablative laser hair removal to qualified personnel such as registered nurses, licensed practical nurses, nurse practitioners, or trained assistants. Delegation must follow supervision and training requirements under the Illinois Medical Practice Act.
Can aestheticians perform laser hair removal in Illinois?
No. Laser hair removal falls outside the scope of practice for licensed aestheticians and cosmetologists under Illinois cosmetology law. These treatments are regulated as medical procedures.
Do physicians have to be on site during laser hair removal treatments?
For non-ablative laser procedures, the physician may supervise remotely as long as they remain available by telephone or electronic communication. Ablative laser procedures require the supervising physician to be physically present on site.
Does Illinois require training documentation for laser hair removal providers?
Yes. Anyone performing delegated laser procedures must complete and document appropriate training for each laser device used at the practice. These records should be maintained for compliance and potential IDFPR review.
Can a medical spa and cosmetology business operate under the same entity in Illinois?
Generally, no. Illinois corporate practice of medicine rules require that medical services be provided through a professional medical entity. Cosmetic services regulated under cosmetology laws typically must operate through a separate business entity.
