As such, they are delivered pursuant to the practice of medicine and all state and federal guidelines. This is a distinction without difference because, although they are not prescriptive, medical devices – as categorized by the United States Food and Drug Administration (FDA) – can only be utilized in a medical facility and delivered to patients by an appropriate medical provider.
Recently, many CMAs have wrongfully asserted that they are allowed to inject and, therefore, have been injecting botulinum toxins, dermal fillers and sclerosants. CMAs are marginally trained, non-medical personnel………It will also be a huge problem in any professional negligence claim, because there will be no coverage for such a loss. An insurance carrier will not provide a defense or indemnity for any claim related to these procedures. …….
For example, some “certified laser technicians” and their employers incorrectly believe that the designation “certified” elevated their stature and allows them to perform medical services. Certified Laser Technician, Certified Medical Esthetician, and Medical Esthetician are not categories of medical providers. ……..