Are you considering venturing into the thriving world of MedSpas? As the demand for aesthetic treatments continues to rise, opening a MedSpa can be an exciting and lucrative endeavor. However, amidst the allure of transforming appearances and boosting confidence, it is crucial to understand the legal intricacies that accompany owning and operating such a facility.

What is a MedSpa?

Before delving into the legal aspects, let’s clarify what a MedSpa is. A MedSpa, or Medical Spa, is a medical practice that offers elective, non-invasive cosmetic procedures such as Botox and other neuromodulators, dermal fillers, laser hair removal, laser peels, skin tightening procedures, chemical peels, and may include other elective treatments such as body contouring, IV hydration, GLP-1 and other weight loss medications. In many states such as California, nurses and other allied licensees who provide these services must be supervised by a licensed physician.

Legal Requirements and Complexities

Running a MedSpa involves navigating a complex web of laws, regulations, licensing requirements, and compliance standards. Medical oversight, staff qualifications, advertising guidelines, GFEs, patient consent forms, and standardized procedures, encompass a fraction of the myriad of legal requirements that must be meticulously addressed to ensure both regulatory compliance and patient safety.

Among the primary legal considerations for MedSpa owners are:

  1. Medical Supervision: California and many other states require MedSpas to be majority owned and supervised by a licensed physician. Allied licensees (RNs, NPs, PAs, and a list of others) may own up to 49% of such practices, but there may not be more non physician owners than physician owners. Physician supervision is required in states such as California. Supervision should include:
    1. Onsite physician visits
    2. Review and countersigning of charts
    3. Oversight of hiring medical providers
    4. The ability to perform all services offered
    5. Availability in case of an adverse event
  2. Licensure: All providers must possess the necessary licenses to perform specific treatments, and must provide only services that fall within their “scope of practice”.
  3. Informed Consent/GFEs: Properly documenting and obtaining informed consent from patients, and performing a good faith exam (GFE), before performing any procedure is essential to mitigate legal risks and protect both parties.
  4. Standardized Procedures: A hard copy of this document must be on site at the clinic at all times and must be signed annually by the supervising physician and all providers. This document should include:
    1. OSHA guidelines
    2. HIPAA guidelines
    3. DEA guidelines
    4. Management of Adverse Events
    5. Dispensing Medications (standing order)
    6. Human Resources
    7. For each treatment:
      1. Informed consent
      2. Protocol for treatment
      3. Pre and Post Care instructions
  5. Advertising Regulations: Adhering to strict guidelines regarding advertising claims, especially when it comes to medical procedures and their potential outcomes, providers representing themselves to the public in their profession, infringement on the IP of other parties..
  6. Product and Equipment Safety: Ensuring that all products used in treatments are FDA-approved and that equipment is properly maintained and calibrated.
  7. Structure: Depending on the individuals involved, a management services organization (MSO) may be required. MSOs provide the opportunity for lay people to benefit economically from involvement in the healthcare industry, and from the MedSpa industry in particular.

The Importance of a MedSpa Attorney

Given the multifaceted nature of MedSpa regulations, working with a knowledgeable and experienced MedSpa attorney is not just beneficial but imperative. A MedSpa attorney specializes in the unique legal challenges faced by medical spa owners, and those who desire to be MedSpa owners, can provide invaluable guidance and support in navigating the intricate legal landscape.

From assisting with regulatory compliance, business structure, to drafting contracts, resolving disputes, and representing your interests in medical or nursing board legal proceedings, a MedSpa attorney serves as a trusted advisor, helping you mitigate risks and safeguard your license and your business success.

Meet Your Experienced MedSpa Attorney: Debra Scheufler

When it comes to securing expert legal counsel for your MedSpa venture, look no further than Debra Scheufler at Scheufler Law. With years of experience and a deep understanding of the legal intricacies surrounding MedSpas, Debra Scheufler is your go-to MedSpa attorney.

Whether you’re a seasoned MedSpa owner or embarking on your first venture in the industry, Debra Scheufler’s expertise, comprehensive knowledge, and unwavering dedication to your success will provide you with the peace of mind and confidence you need to thrive in this competitive field.

Owning and operating a MedSpa can be lucrative and rewarding, and it comes with its share of legal complexities. A seasoned MedSpa attorney like Debra Scheufler, can help you navigate these challenges with ease and focus on what truly matters—providing exceptional care and enhancing the beauty and confidence of your patients while building a successful business for yourself.

For personalized legal guidance tailored to your MedSpa business needs, contact Debra Scheufler at Scheufler Law today and take the first step towards a successful and legally compliant MedSpa venture.