Description of Event or Problem · 1
A CLASS II, INTENSE PULSED LIGHT HAIR REMOVAL DEVICE, MARKETED AS THE SPECTRACLEAR SYSTEM WAS DISTRIBUTED TO A CHIROPRACTOR IN 2004. THE DEVICE WAS MANUFACTURED BY RADIANCY, INC., UNDER THE NAME SPATOUCH PRO. DISTRIBUTOR, IN 2005, RECEIVED WRITTEN NOTICE FROM THE STATE THAT IT PROHIBITS CHIROPRACTORS FROM USING THEIR MEDICAL DEVICE. THEY ONLY PERMIT PHYSICIANS LICENSED BY THE BOARD OF MEDICAL EXAMINERS TO PERFORM HAIR REMOVAL WITH LASER OR PULSED LIGHT DEVICES, AND THESE PROCEDURES CANNOT BE DELEGATED TO NON-PHYSICIANS. DISTRIBUTOR KNEW OF SIMILAR RESTRICTIONS IN OTHER STATES. IN 2007, THE CHIROPRACTOR USED THE DEVICE TO PERFORM HAIR REMOVAL, CAUSING 2ND DEGREE BURNS ON THE PT'S FACE AND ARMS. THE CHIROPRACTOR DID NOT COMPLY WITH PT EXCLUSION CRITERIA LISTED IN THE SPECTRACLEAR OPERATOR MANUAL WHICH STATES THAT PTS WHO HAVE BEEN TANNING WITHIN THE PAST 30 DAYS SHOULD NOT BE TREATED. THIS PT HAD DISCLOSED THAT SHE HAD BEEN TANNING THREE TIMES IN THE WEEK BEFORE HER HAIR REMOVAL TREATMENT. THE COMPLAINT SETS FORTH ALLEGATIONS DEMONSTRATING THAT DISTRIBUTOR MARKETED HAIR REMOVAL DEVICES TO CHIROPRACTORS IN MANY STATES, AND RECEIVED WRITTEN NOTICE FROM SEVERAL STATE CHIROPRACTIC BOARDS THAT CHIROPRACTORS WERE NOT PERMITTED TO USE INTENSE PULSED LIGHT (IPL) DEVICES FOR HAIR REMOVAL.