A client wanted her microdermal removed from her cheek. I used a scalpel to make a tiny incision and popped it out. It bled a lot. She needed stitches. She sued me for “Practicing Medicine Without a License” and disfigurement. My insurance denied the claim immediately.
Key Takeaways
- The Scalpel Line: In many states, inserting jewelry is body art. Removing it using a scalpel or punch is considered “Minor Surgery.” Only doctors can perform surgery.
- Criminal Act Exclusion: If your state law defines cutting tissue for removal as a medical procedure, and you do it, you are committing a crime. Insurance excludes criminal acts.
- “Removal” vs. “Insertion”: Policies often cover insertion of anchors. They rarely explicitly cover removal.
- Refer to a Doctor: The safest insurance move for a stuck or rejected dermal is to refer the client to a doctor or urgent care for removal.
The “Why” (The Trap): Unauthorized Practice of Medicine
Insurance companies are terrified of the “Medical” line.
If you use anesthesia (lidocaine injections) or scalpels for removal, you are crossing into medical territory.
Professional Liability covers “Body Art Services.” It does not cover “Surgical Services.”
If you perform a procedure you are not licensed for (surgery), the policy is void.
The Investigation: “I Called Them”
I asked about Dermal Removal coverage.
1. The Policy Language
- Found: “Excludes any procedure involving the administration of anesthesia or the excision of tissue.”
- Meaning: You can’t cut it out.
2. The Manipulation Method
- Allowed: If you can massage/manipulate the anchor out without cutting, that is generally covered as “jewelry removal.”
- Risk: If it tears, you are liable.
Comparison Table: Removal Risks
| Method | Legal Status (Varies by State) | Insurance Coverage |
| Manipulation/Unscrewing | Legal | Covered |
| Scalpel Incision | Illegal (Medical) | Denied (Criminal Act) |
| Punch Removal | Illegal (Medical) | Denied |
| Referral to MD | Best Practice | N/A (Safe) |
Step-by-Step Action Plan
- Know Your State Law: Google “Body Art statutes [Your State] dermal removal.” If it says “prohibits cutting of tissue,” do not use a scalpel.
- Update Consent Form: “I understand that removal of anchors may require medical intervention. Artist does not perform surgical removal.”
- Refer Out: Build a relationship with a local plastic surgeon or cool doctor. Send removals to them. It prevents the scar lawsuit from landing on you.
- No Injectables: Never use injectable lidocaine. That is a felony in many places for non-medical personnel. Use topical only.
FAQ
Q: Can I use a punch to insert?
A: Usually yes, biopsy punches for insertion are standard body art tools in most states. Removal is where the legal definition shifts to “correction/surgery.”
[IMAGE: Graphic warning sign: “Scalpel = Surgery. Do Not Use for Removal.”]