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Is there a way for a seasoned cosmetic injector to get around a new law that would prevent RNs from injecting Botox or fillers?

Wednesday October 2, 2013
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Question:

Dear Nancy,

I have been an RN for more than 36 years and have worked in a plastic surgery office as a cosmetic injector since collagen was used years ago. I have gone through extensive training and have attended seminars around the country learning new techniques. I have injected over 40,000 patients without ever having any complications.

If a bill does get passed in my state that RNs cannot inject Botox or fillers, is there any way I can get grandfathered in so I do not lose my only source of income?

Christine

Christine



Dear Nancy replies:

Dear Christine,

When new regulatory laws are passed that may affect those who have been practicing in a particular area for a period of time, "grandfathering" often occurs. It would be impossible to know if that will be the case in your state, but there may be some things you can do to try and determine if this
is a possibility.

One thing to do before you begin the procedure to determine if grandfathering is possible is to research your nurse practice act and rules. Is there current language that would prohibit a nurse from functioning in this role? Is the act and rules silent about this? Or, have nurses in your state been doing so for a while? Regardless of the position the act and rules take, you may be able to develop a valid argument why you should be grandfathered in to this practice.

Once you have reviewed the act and rules, you might want to contact your state representative and see if regulating this practice is being contemplated or supported. When doing so, you might want to let your representative know about your current situation and the importance of grandfathering someone like yourself if a new law is passed that would affect you. You should stress your years of experience and your continuing education in the field.

It could be that a new law might not prohibit continued practice as a collagen injector. Rather, it may require, as an example, not doing so in an independent practice as opposed to working within a surgery center/office with some oversight by the cosmetic surgeon.

Be proactive and try and convince your legislator that you, and others like you, can continue your practice in this area with skill and expertise, if certain criteria are met.


Sincerely,
Nancy




Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.