Monterey, Calif.- Medical Spas have become the hot trend and a 10-billion dollar a year industry. Now the Medical Community sounds a warning and have successfully backed it up with a new law to further criminalize those practicing medicine without a license. The Center for Investigative Action uncovered a growing problem where unlicensed or unsupervised staff could literally scar you for life.
After 3 years Deanna Sinsel of Monterey is still receiving treatment from a Medical Spa laser skin procedure that damaged the pigmentation on her face.
She says, "I was very scared that I had done this to myself."
These cases are happening more often as the lure of a quick laser skin treatment or shot of Botox over lunch can promote a younger look and are being served at 'corporate laser' or 'chain spas' and as side services in dentist offices and hair salons.
In California, by law doctors must have direct oversight of all injections and laser treatments whether driven out of medical necessity or cosmetic. But as Central Coast News has learned that's not always happening and many 'corporate spas' are providing cosmetic services without the benefit of a Medical Doctor directly supervising treatment.
Central coast Dermatologist Dr. Chris Barnard routinely treats botched cosmetic procedures. He says, "I've seen laser burns, permanent scaring, missed skin care cancer diagnosis that really shouldn't happen."
So our Center for Investigative Action went to work to find out if there are any Medical Spas on the central coast that could be skirting the law. What we found in some cases was troubling and corroborates what the Medical Community fears, the corporate practice of medicine is alive and well and gray areas exist that poses a risk to unwary cosmetic consumers.
Doctors are allowed to keep on file a 'statement of delegation' saying the doctor certifies licensed technicians to perform cosmetic procedure such as laser skin treatments. But here's where it gets tricky and here is where some med-spas may be cutting corners.
The Medical Board of California states in it's online primer, "Physicians must really supervise, not simply lend their license to allied health professionals on paper." And "...a supervising physician who does not give direction, oversee or inspect...is in violation of the law."
Here's another loophole, by California law, if the doctor prescribes a cosmetic treatment, licensed technicians in corporate spas may then perform future prescriptive treatments without a courtesy exam by a doctor. Dr. Barnard says that's where a problem lies, each patient is entitled to a courtesy exam ahead of cosmetic treatments, but if no doctors are truly onsite, the potential for disaster exists. A consumer has to ask what standard of care am I really receiving?
One 'corporate' medical spa we've investigated is American Laser Skincare. They have 156 med-spas in the United States, 25 in California. The spas listed in Pismo Beach and Santa Barbara show their 'Medical Director', the doctor to supervise and certify licensed staff, as Dr. Myron Reiff. Dr. Reiff's address of record is in Lake Forest in Orange County, a 3 to 5 hour drive south of Santa Barbara and Pismo Beach. A long drive away to offer onsite direction, oversight and inspection of American Laser Skincare patients on the central coast.
We've attempted to contact Dr. Reiff repeatedly to ask if he is onsite for every treatment or just a 'Medical Director' in name and license only? Dr. Reiff did not return our calls and when we called his office number the operator told us quote : "he's in the field."
We also reached out to American Laser Skincare's corporate office in Farmington Hills, Michigan. We wanted to ask if their patients in California are examined by onsite doctors before injections or laser treatments? After at least two weeks and several phone calls and emails, we have yet to get a response from the company.
Last year Dr. Barnard was part of a successful legislative committee that sought to strengthen consequences against medical spa chains for violating the law by the practice of medicine without proper licensing or supervision. Due to their efforts and beginning January first, a new state law will make performing cosmetic medicine without a license a felony, with up to 5 years in jail and a 50 thousand dollar fine.
Even with this new law, Dr. Barnard says more has to be done to actually regulate who is actually onsite while your getting cosmetic treatment. "There's been no policing, no control and no downside, I believe this is a very useful tool for the medical board."
He also warns patients need to be the first line of defense. "Ask what the training is of the person who's treating them is. Who is the physician, who owns the facility and may I see the doctor."
Remember Deanna Sensil? A momentary lapse in judgement cost her dearly. "This is the one time I wavered and it cost me."
The Medical Board tells us they've taken action against several individuals suspected of practicing cosmetic medicine without a license at medical spas from San Jose to Camarillo on the Central Coast. Most notorious is Martha Vasquez of Salinas, dubbed the 'vegetable oil killer', after injecting a client in the buttocks with cooking oil. The patient died after one week and now Vasquez is serving 12 years for manslaughter.
But opponents argue that this new law is wrong and ask the question, is a lack of physician supervision at a medical spa really a criminal offense worthy of up to 5 years in jail?
Proponents say yes, but Defense Attorney Tom Worthington who defended Martha Vasquez believes this new med-spa law is quote "grossly excessive." He says there are plenty of laws already on the books that can prosecute these case. He says "stiffen the fines...but jail time, no."
In the end, with the dangers that do exist in medical spas, the safety of public health in the hugely popular cosmetic medicine industry can't be overstated.
