Illegal practice of the medical profession for the beautician who uses instruments in the medical devices database

The machines used by beauty centers, such as lasers and high-intensity pulsed light equipment for skin photo-rejuvenation, tattooing or hair removal or other dermal treatments, must be used under the supervision of a doctor, regardless of the manufacturer's instructions, otherwise it would constitute a crime of unauthorized practice of the medical profession. Otherwise, the precautionary principle established by Article 191 of the Treaty on the Functioning of the European Union would be violated.

In these terms, the Court of Cassation (ruling no. 15742 of 2025) deemed the order with which the Court of Perugia had rejected the request for re-examination proposed by the owner of a beauty center against the decree validating the seizure of an anti-aging device included in the national database of medical devices to be beyond reproach.

In the appeal against the court order, the accused had argued that:

- the medical device database “is a registration and traceability system established to collect information on all medical devices placed on the market but does not have any legal authority to define or change the intended use of a machine”;

- EU Regulation 2017/745 on medical devices assigns to the manufacturer the task of providing the technical specifications on the methods of use;