The practice of medicine involves diagnosis, treatment, or correction of human conditions, ailments, diseases, injuries, or infirmities whether physical or mental, by any means, methods, devices, or instruments.
The practice of medicine includes, but is not limited to:
- Undertaking to perform any surgical operation upon any person;
and
- Performing any act or procedure that uses a biologic or synthetic material, chemical application, mechanical device, or displaced energy form of any kind if it alters or damages or is capable of altering or damaging living tissue.
- Such acts or procedures include, for example, the use of all lasers, light sources, microwave energy, electrical impulses, chemical application, particle sanding, the injection or insertion of foreign or natural substances, or soft tissue augmentation.
- Living tissue is any layer below the dead cell layer (stratum corneum) of the epidermis. The epidermis, below the stratum corneum, and dermis are living tissue layers.
- Certain FDA-approved Class I and II devices, by their intended or improper use, can alter or cause biologic change or damage below the stratum corneum. Therefore, their use and the diagnosis and treatment surrounding their use, constitutes the practice of medicine.