By Nathalie Boudet-Gizardin, partner and Louise Buffet.
In an article from January 10, 2022[1], we explained to you that the first civil chamber of the Court of Cassation had finally aligned itself with the position of the criminal chamber and the Council of State concerning the end of the doctors' monopoly on hair removal with pulsed light, without taking a position regarding laser hair removal procedures.
As a reminder, if article 2 of the decree of January 6, 1962 reserved the practice of laser or pulsed light hair removal for doctors only, this article had been declared contrary to European law, first by the CJEU then by the Council of State[2].
The Court of Cassation[3] had followed but only partially this position by retaining that the ban on pulsed light hair removal by persons other than doctors was contrary to the relevant provisions of the TFEU, but without commenting on laser hair removal.
In its judgment of October 20, 2020[4] confirming its position, the criminal chamber of the Court of Cassation had advanced in support of its decision to acquit the defendants for illegal practice of medicine that the government had “ notified to the European Commission a draft decree opening the practice of hair removal with pulsed light to beauticians under certain training conditions ».
Doubt therefore remained, however, regarding the maintenance of doctors' monopoly in matters of laser hair removal.
By the publication of decree n°2024-470 of May 24, 2024 relating to acts of hair removal using intense pulsed light and laser for non-therapeutic purposes, the position of French law has just been standardized concerning the two hair removal techniques definitive by putting an end to the monopoly of doctors in both cases.
This decree creates a new article D. 1151-2 within the Public Health Code providing that the acts mentioned in article D. 1151-1 of the same code cannot be carried out, namely " acts of hair removal for non-therapeutic purposes carried out by professionals on consumers using hair removal devices with intense pulsed light or devices non-therapeutic laser ", only people with the quality of:
1° Doctor;
2° State-certified nurse;
3° Person professionally qualified to carry out the activity mentioned in 5° of article L121-1 of the craft code.
This 3° refers to people qualified to carry out “ aesthetic personal care other than medical and paramedical and aesthetic comfort massages without medical purposes ».
There is therefore no longer any doubt: aesthetic professionals can, in the same way as doctors and nurses, perform hair removal using pulsed light or laser, provided they have followed training in how to do it. of these acts under conditions suitable to ensure the safety of consumers (new article D. 1151-3 CSP).
The content, terms of training and their frequencies will soon be set by a ministerial decree.
The decree of May 24, 2024 also includes numerous obligations incumbent on the professional (information of consumers, verification of contraindications, and reporting of adverse effects) or the operator of the establishment (display of a warning to the destination public).
So read carefully!
[1] “Laser hair removal centers continue to be talked about” by Nathalie BOUDET-GIZARDIN and Mathilde JANNET
[2] CE, 1-4 ch., Nov. 8, 2019 n°424954
[3] Crime. March 31, 2020, n°19-85.121 and Civ. 1e, May 19, 2021 n°19-25.749
[4] No. 19-86.718
Nathalie Boudet-Gizardin
Partner
Nathalie Boudet-Gizardin has developed expertise in advising and assisting health professionals (doctors, pharmacists, biologists, veterinarians, dental surgeons, midwives), both to legally structure their activity and negotiate their contracts and partnerships with health facilities.