Dental and Medical Counsel Blog

Med Spa Regulations and Legal Issues: What You Need to Know Before Starting a Med Spa Business

May 3, 2023
Med Spa Regulations and Legal Issues: What You Need to Know Before Starting a Med Spa Business

The medical spa industry is booming, with more and more people seeking non-surgical cosmetic treatments to enhance their appearance. However, starting a Med Spa business comes with its unique set of challenges, including navigating complex regulations and legal issues. There are a number of key considerations for aspiring Med Spa owners, such as licensing, supervision, state laws, telemedicine, medical-grade skincare treatments, and corporate formation. The team at Dental & Medical Counsel is here to help you navigate the legal landscape and set your Med Spa up for success.

Experience and Training: Are You Licensed?

Before opening a Med Spa, it's crucial to ensure that you and your staff are properly licensed and trained. While a physician should have a medical degree, additional specialized training in cosmetic procedures might be necessary to help certain physicians get the skills and qualifications they need to deliver spa treatments. In addition, even doctors might need to obtain additional state licenses and certifications. It's essential to stay current with continuing education and industry developments to maintain your licensure and provide the highest level of care for your clients.

Furthermore, if you show a willingness to stay on top of the latest developments in the field, you should have an easier time attracting clients to your practice.

Supervision: Who Is Qualified To Work Under You, and How Do You Supervise Them?

As a MedSpa owner, you'll likely employ a team of professionals, including nurses, aestheticians, and other support staff. It's important to understand your responsibilities for supervising and delegating tasks to your team. In most states, non-physician practitioners must work under the supervision of a licensed physician, who is responsible for overseeing patient care and ensuring that all treatments are performed according to state regulations and industry standards.

Of course, you need to think about the skills and qualifications of your support team and decide how much supervision you want to give them; however, you may want to reach out to an experienced attorney who can review the laws of the state and make sure you are in proper compliance. This is a critical part of delivering Med Spa services.

State Laws: Can Non-Physicians Be Owners of Medical Spas?

Laws regarding Med Spa ownership vary from state to state. In some states, only licensed physicians can own and operate medical spas, while in others, non-physicians can own Med Spas as long as they partner with a licensed physician who oversees medical treatments. It's crucial to research and understand the specific laws and regulations in your state before proceeding with your Med Spa business plans.

This is another area where reaching out to a lawyer who has experience dealing with medical spa treatments can be beneficial. This could make it easier for you to set up the ownership structure of your practice accordingly.

Telemedicine: Do You Offer It, and What For?

Telemedicine has become an increasingly popular method for providing healthcare services, including virtual consultations for Med Spa treatments. If you plan to offer telemedicine services, be sure to familiarize yourself with the relevant state and federal regulations, which can vary in terms of licensing, reimbursement, and patient privacy. Even though many medical spa treatments do not fall under the umbrella of insurance, some of them might. You may want to reach out to some of the major payors in your local area to see what their reimbursement rates are for medical spa services.

Additionally, consider the types of treatments and services that can be effectively delivered via telemedicine and ensure that you have the appropriate technology and infrastructure in place to support this service. This could be an additional revenue vertical for your practice, but you must make sure you do not sacrifice the quality of the care you deliver when you provide telemedicine services.

Medical-Grade Skin Care Treatments: Always Do a Thorough Exam

Before administering any medical-grade skincare treatments, it's essential to perform a thorough examination of the patient's skin and medical history. This allows you to identify any underlying health conditions, allergies, or contraindications that could affect the safety or efficacy of the treatment. Documenting this information and obtaining informed consent from the patient is crucial for both legal and ethical reasons.

For example, if the patient has signs of a skin infection, you probably don't want to deliver treatments at that specific location. Or, if the patient has an active rash, it could be a sign of an allergic reaction, and you may want to think twice about moving forward with your treatment.

Corporate Formation: Sole Proprietor Versus LLC?

When starting a Med Spa business, one of the first decisions you'll need to make is the type of business entity to form. The two most common options are sole proprietorship and limited liability company (LLC). A sole proprietorship is the simplest business structure, with the owner personally responsible for all debts and liabilities. In contrast, an LLC provides limited liability protection for its owners, separating personal assets from business debts. Each option has its pros and cons, so it's essential to consult with legal and financial professionals to determine the best choice for your Med Spa business.

Every medical spa is different, and our team is here to help you figure out which formation structure is right for your practice.

Contact Dental & Medical Counsel for Help With Your Lease Renewal Negotiation

Starting a MedSpa business is an exciting and rewarding endeavor, but it also comes with its share of legal and regulatory challenges. Navigating the complex landscape of Med Spa regulations and legal issues can be challenging, which is why partnering with an experienced legal team like Dental & Medical Counsel is essential.

At Dental & Medical Counsel, we understand the unique needs of Med Spa owners, and we can help you navigate the intricacies of licensing, supervision, state laws, telemedicine, medical-grade skincare treatments, and corporate formation. Our team will work with you to ensure that your Med Spa business complies with all applicable laws and regulations, setting the foundation for long-term success. We will act as your legal advisors every step of the way, addressing questions and concerns well providing you with the knowledge, tools, and resources you need to provide the best possible care for your clients.

Don't leave the future of your Med Spa business without a firm plan. Contact Dental & Medical Counsel today to discuss your Med Spa plans and let our experts guide you through the legal and regulatory process, ensuring that your business thrives in the competitive Med Spa market. With our support, you can focus on providing exceptional care to your clients and growing your Med Spa business with confidence.

Frequently Asked Questions

Q: What is a med spa?

A: A med spa, short for medical spa, is a hybrid between a traditional day spa and a medical clinic, offering a range of cosmetic and aesthetic treatments that are performed by qualified medical professionals, such as licensed physicians or registered nurses, in a spa-like setting.

Q: What are some common challenges in opening and operating a med spa?

A: Opening and operating a med spa can come with various challenges, including:

  • Navigating the complex legal and regulatory landscape, including licensing, permits, and compliance with medical and aesthetic regulations.
  • Hiring and retaining qualified and licensed medical professionals.
  • Managing the costs
Q: How much does it cost to open a med spa?

A: The cost of opening a med spa can vary widely depending on factors such as location, size of the facility, types of treatments offered, equipment and supply costs, and marketing expenses. It's important to develop a detailed business plan and budget to estimate the costs involved in opening and operating a med spa, including initial setup costs and ongoing operational expenses.

At Dental & Medical Counsel, PC, we understand navigating the legal process can be tricky. We believe every doctor deserves the best advice and service so doctors can do what they do best, treat their patients. We make their lives easier by providing expert guidance, so they can focus on their personal and professional aspirations.

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About Ali Oromchian, Esq.

Ali Oromchian, JD, LL.M. is the founding attorney of the Dental & Medical Counsel, PC law firm and is renowned for his expertise in legal matters

In addition to practicing law for almost 20 years, Ali is also a renowned speaker, throughout North America, on topics such as practice transitions, employment law, negotiation strategies, estate planning, and more! Ali has helped hundreds of optometrists realize their professional goals and looks forward to aiding you in navigating the legal landscape. 


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