Are Nail Salons Violating Medical Laws in Treating Fungal Infections? - Dermatology

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Hello Dr.
Wu, I have a question regarding my toenails, which have become deformed and discolored.
A few months ago, I visited a nearby nail salon that advertised services to prevent and improve onychomycosis and correct ingrown toenails.
The salon diagnosed my condition as onychomycosis combined with paronychia.
For the onychomycosis treatment, they performed a procedure using a professional nail file (mycelium separation technique), and for the paronychia, they cleaned the affected area and applied a BS spange correction patch to flatten the nail.
They also advised me to purchase nail care products (antibacterial solution made from herbal extracts).
My question is whether the salon has violated Article 28 of the Medical Act or Article 84 of the Medical Care Act.
Thank you!

Tina, 30~39 year old female. Ask Date: 2023/11/06

Dr. Wu Yuxin reply Dermatology


I'm sorry, I'm not sure about that.

Reply Date: 2023/11/06

More Info


The question of whether nail salons are violating medical laws when treating fungal infections, such as onychomycosis (commonly known as "nail fungus"), is a complex issue that intersects with both medical regulations and consumer safety.
In many jurisdictions, including the United States, nail salons are not licensed to diagnose or treat medical conditions. The practice of diagnosing and treating fungal infections falls under the purview of licensed medical professionals, such as dermatologists or podiatrists. According to the Medical Practice Act and other relevant laws, only licensed practitioners are authorized to diagnose medical conditions and provide treatments that may involve medical interventions.

In your case, the nail salon advertised services aimed at preventing and improving nail fungus and correcting ingrown nails. They performed procedures that involved the use of tools to file and buff the nails, which they referred to as "fungal separation techniques." Additionally, they recommended purchasing herbal-based antimicrobial products. While these practices may seem benign, they raise several concerns:
1. Diagnosis Without License: The salon's diagnosis of onychomycosis and paronychia (nail fold infection) is problematic. Only a licensed healthcare provider can make such diagnoses based on clinical examination and, if necessary, laboratory tests. Misdiagnosis can lead to inappropriate treatments and worsen the condition.

2. Treatment Without Medical Oversight: The procedures performed, such as filing the nails and using corrective devices, could potentially exacerbate the condition if not done correctly. For example, improper filing can lead to further nail damage or infection. Moreover, the use of herbal products, while they may be marketed as "natural," is not a substitute for clinically proven antifungal treatments.
3. Consumer Safety: The use of non-FDA approved products or treatments without proper medical oversight can pose risks to consumer safety. If the herbal products contain ingredients that are not well-studied or regulated, they could lead to allergic reactions or other adverse effects.

4. Legal Implications: Depending on local laws, the actions of the nail salon could be seen as practicing medicine without a license, which is a violation of medical laws. This could lead to legal repercussions for the salon, including fines or the revocation of their business license.

5. Patient Education: It is crucial for consumers to be educated about the risks of seeking treatment for medical conditions in non-medical settings. Nail salons may not have the training or knowledge to recognize serious conditions that require medical intervention, such as severe fungal infections or other dermatological issues.

In conclusion, while nail salons can provide cosmetic services, they should refrain from diagnosing or treating medical conditions, including fungal infections. If you suspect you have a fungal infection, it is advisable to consult a licensed healthcare provider who can offer an accurate diagnosis and appropriate treatment options. This ensures that you receive safe and effective care tailored to your specific medical needs. Always prioritize your health and safety by seeking professional medical advice for any health concerns.

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