Current through Rules and Regulations filed through October 17, 2024
Rule 360-35-.08 - Informed Consent(1) Prior to receiving cosmetic laser services for hair removal from a cosmetic laser practitioner, a person, or if under the age of 18, his or her parent or guardian, must consent in writing to such services and shall be informed in writing of the general terms of the following: (a) The nature and purpose of such proposed procedure;(b) Any material risks generally recognized and associated with the cosmetic laser service to be performed which, if disclosed to a reasonably prudent person in the customer's position, could reasonably be expected to cause such prudent person to decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services;(c) The name of, degrees and qualifications held by, and type of licenses obtained by the individual who will be performing the cosmetic laser service; and(d) The steps to be followed after the cosmetic laser service is performed in the event of any complications.(2) Prior to receiving cosmetic laser service other than hair removal from a cosmetic laser practitioner, a person, or if under the age of 18, his or her parent or guardian, must consent in writing to such services and shall be informed in writing of the general terms of the following: (a) The nature and purpose of such proposed procedure;(b) Any material risks generally recognized and associated with the cosmetic laser service to be performed which, if disclosed to a reasonably prudent person in the customer's position, could reasonably be expected to cause such prudent person to decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services;(c) The name of, degrees and qualifications held by, and type of licenses obtained by the individual who will be performing the cosmetic laser service, by the supervisory, and by the consulting physician;(d) The steps to be followed after the cosmetic laser service is performed in the event of any complications; and(e) The emergency contact information for the consulting physician and the address of his or her principal place of practice. If the cosmetic laser service is provided at the physician's office, then this information does not need to be included in the informed consent.(3) After receiving each cosmetic laser service other than hair removal, a person shall be informed in writing of the steps to be followed after the cosmetic laser service is performed in the event of any complications and the emergency contact information for the consulting physician and the address of his or her principal place of practice.(4) It shall be the responsibility of the cosmetic laser practitioner to ensure that the information required by this rule is disclosed and that the consent provided for in this Rule is obtained.(5) The cosmetic laser practitioner can disclose some of this information on the procedures and risks through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with the cosmetic laser practitioner; provided, however, that such information is also provided in writing and attached to the consent form which the person signs.(6) Failure to obtain informed consent shall be grounds for disciplinary action against the license of any cosmetic laser practitioner as provided in O.C.G.A. Section 43-34-8.Ga. Comp. R. & Regs. R. 360-35-.08
O.C.G.A.§§ 43-34-5, 43-34-249, 3-34-249.1.
Original Rule entitled "Informed Consent" adopted. F. Sep. 14, 2015; eff. Oct. 4, 2015.