Get the Insights and Advice You Need from an Experienced Medical Spa Attorney
As medical spas have gained popularity recently, state and federal authorities have enhanced their efforts to ensure compliance in this unique healthcare industry segment. Medical spas and their owners face substantial compliance obligations, and failure to meet them can create exposure to significant liability. This means that compliance must be a priority, and all owners must work closely with an experienced medical spa attorney who can confidently guide them forward.
Our attorneys have extensive experience advising physician and non-physician owners regarding medical spa compliance. We work with medical spas nationwide, assisting with all aspects of compliance management and defense. Whether you have a specific question or are interested in engaging our firm as outside general counsel to provide advice on an ongoing basis, we can custom tailor a solution to your particular needs.
Key Legal Considerations for Starting a Medical Spa
1. Ownership and Corporate Structure
Most states prohibit non-physicians from owning medical entities that provide clinical care, due to corporate practice of medicine (CPOM) doctrines. As such:
- Who can own a med spa? Typically, only licensed physicians (or physician-owned professional entities like PLLCs) can own and operate the medical portion of the business.
- Can non-physicians participate? Yes—through a Management Services Organization (MSO), non-clinicians may legally participate by handling the business and administrative functions under a compliant Management Services Agreement (MSA).
We help you structure your med spa using models such as the MSO-PC structure or a friendly PC model, ensuring ownership complies with CPOM laws while protecting both financial and operational interests.
2. Medical Director and Supervision Requirements
Every med spa must have a licensed medical director, typically a physician, who assumes responsibility for:
- Medical oversight of all procedures
- Delegation and supervision of staff (e.g., NPs, PAs, RNs)
- Ensuring adherence to medical standards of care
We draft Collaboration Agreements, Delegation Protocols, and Standing Orders to clearly delineate supervision obligations and ensure legal delegation of duties, particularly for injectables, laser treatments, and other medical-grade procedures.
3. Scope of Practice and Provider Licensing
Each professional on your team—whether RN, NP, PA, or esthetician—must operate within their legally permitted scope of practice, which varies by state. Violations can result in fines, license sanctions, or litigation.
We advise you on:
- Provider roles and clinical boundaries
- Proper task delegation
- Credentialing and supervision requirements
4. Informed Consent and Risk Disclosure
Aesthetic services like BOTOX, fillers, microneedling, and laser therapies carry inherent risks. You are legally required to obtain written, procedure-specific informed consent.
We provide customized Informed Consent Templates that meet state-specific requirements and reduce your malpractice risk.
5. Marketing, Branding, and Fee-Splitting
Your website, social media, and ads must comply with laws prohibiting:
- False claims or “before/after” guarantees
- Unlicensed advertising of medical services
- Illegal fee-splitting between clinicians and marketers or business partners
We review your marketing strategies, draft compliant compensation agreements, and train your team on proper language to avoid disciplinary action or FTC scrutiny.
6. Telemedicine and Remote Prescribing
Med spas offering remote consultations, telehealth wellness services, or prescription medications (like weight-loss injectables) must comply with:
- State telehealth laws
- Licensing across state lines
- Ryan Haight Act and controlled substance regulations
We prepare compliant Telemedicine Consent Forms, HIPAA documentation, and ensure your protocols meet both medical board and pharmacy board rules.
Compliance Concerns for Medical Spas
Medical spas have extensive compliance obligations. These obligations relate not only to the healthcare aspects of their operations but also to the marketing aspects of their operations. Several authorities have expressed concerns over the marketing of medical spa services, focusing on ensuring that patients understand the benefits and risks of the treatments they receive.
We rely on decades of relevant experience to help medical spas develop and implement effective compliance programs. Comprehensiveness is critical when it comes to compliance. Even a compliance failure can lead to enforcement action at the state or federal level; ignorance of the law is generally not a defense.
Our compliance services for medical spas include providing initial and ongoing assistance with matters such as:
Physician Ownership, Contracts, and Corporate Practice of Medicine
Corporate practice of medicine laws present compliance issues for medical spas with non-physician owners. Several states have corporate practice of medicine laws, each with its own unique set of prohibitions and requirements. Our attorneys assist medical spas nationwide with structuring physician ownership interests, employment agreements, and other contracts to avoid unlawful corporate practice.
Anti-Kickback Statute and Stark Law Compliance
The federal Anti-Kickback Statute and Stark Law (also known as the physician self-referral law) prohibit the payment of patient referral fees in various scenarios. However, while both of these laws are broad in their general applicability, they are each subject to multiple safe harbors and exceptions that allow the payment of compensation and other forms of remuneration in various circumstances. We help medical spas structure relevant financial relationships within these safe harbors and exceptions.
Unlicensed Practice of Medicine
When medical spas employ cosmetologists, estheticians, and other non-medical professionals, they must ensure that these professionals do not engage in the unlicensed practice of medicine. There is a fine line in many cases, particularly when clients schedule appointments for both medical and non-medical services. We help medical spas implement the necessary safeguards and provide appropriate training to their personnel to avoid unlicensed practice.
Prescription Drug Compliance
Medical spas must implement the policies and procedures necessary to comply with the Controlled Substances Act (CSA), Drug Supply Chain Security Act (DSCSA), and all other laws and regulations that apply to administering, dispensing, and prescribing controlled substance medications. We assist our medical spa clients with all aspects of prescription drug compliance, including (but not limited to) registration and renewal with the U.S. Drug Enforcement Administration (DEA).
Compliance Related to Specific Medical Spa Services
Along with meeting the compliance obligations that generally apply to medical service providers, medical spas must also meet additional obligations that apply specifically to various types of services. These services include (but are not limited to):
- BOTOX and dermal filler treatments (i.e., Juvéderm and Restylane)
- Laser hair removal and tattoo removal
- Permanent makeup application
- Platelet-rich plasma (PRP) treatments
- Photogenic rejuvenation and skin resurfacing (including broadband light (BBL), intense pulsed light (IPL) and laser treatments)
With our extensive experience representing medical spas, each attorney at our firm is well-versed in the laws and regulations that apply to these (and other services). We can use our experience to help you proactively manage compliance in all areas of your medical spa’s operations.
Medical Billing Compliance
Medical billing compliance is also a key consideration for medical spas. All payors, both public and private, require strict compliance with their billing rules, policies, and procedures. As noncompliance can lead to payment reversals, prepayment reviews, and other penalties, proactive compliance management is critical here as well.
HIPAA Compliance
Effectively managing compliance with the Health Insurance Portability and Accountability Act (HIPAA) is also critical for medical spas. Not only can HIPAA violations lead to scrutiny of medical spas’ recordkeeping practices, but in many cases, they will also lead to scrutiny of other areas of medical spas’ operations. We work with all types of healthcare providers to help them comply with HIPAA, providing services that include developing compliance policies and procedures, HIPAA compliance training, and internal auditing and enforcement.
Medical Spa Advertising Compliance
Medical spas must be extremely careful when advertising their services to the public. This is true whether they develop their own marketing materials or social media posts in-house, work with an agency, or rely on marketing collateral supplied by the companies whose products they offer. A proactive approach is also critical here, as marketing violations generally cannot be “undone.”
General Corporate Compliance and Risk Management
In addition to providing compliance services specific to medical spas’ structure and operations, we offer general corporate compliance and risk management services. For example, we routinely assist our medical spa clients with matters such as:
- Business entity selection and formation
- Financial structuring and outside financing arrangements
- Medical spa insurance policy review and negotiation
- Medical spa sales, mergers and acquisitions
- State and federal tax compliance
With our exclusive focus on representing clients in the healthcare industry, we are uniquely attuned to the challenges, risks, and opportunities medical spas and their owners face daily. By working closely with our clients and learning the intricacies of their businesses, we can provide proactive advice focused on avoiding miscues that have the potential to expose our clients to liability.
Defense Counsel for Medical Spas and Their Owners
Sometimes, even medical spas and their owners’ best efforts to maintain compliance won’t be enough. Medical spas have been under the microscope in recent years, with state and federal authorities taking a particular interest in ensuring comprehensive compliance. Along with helping clients proactively manage compliance, each medical spa attorney at our firm also has extensive experience serving as defense counsel for matters including:
- Anti-Kickback Statute and Stark Law investigations (including fee-splitting investigations)
- DEA inspections and investigations
- Federal healthcare fraud investigations
- National Practitioner Data Bank (NPDB) appeals
- State medical board investigations and disciplinary actions
These are just examples. Regardless of the authority and issues involved, if your medical spa is facing external scrutiny (or if you are facing scrutiny as a medical spa owner or physician), we can help you execute an informed and strategic defense. But, in these situations, time can be of the essence, so we encourage you to speak with a medical spa attorney at Concierge Healthcare Attorneys, LLC promptly.
The Importance of Legal Representation
As a medical spa owner or executive, making an informed decision about your business’s legal representation is essential. The laws and regulations regarding med spas are complex, and, unfortunately, significant legal and financial risks can get overlooked without the guidance of experienced med spa counsel. These oversights can lead to investigations by medical boards, lawsuits, civil penalties, or even the suspension of operations. Working with experienced med spa counsel ensures that these risks are identified and addressed proactively, helping to safeguard your business, professional license, and the med spa’s reputation.
It is important to work with a healthcare lawyer that specifically understands med spas. Not all healthcare lawyers understand the ins and outs of med spa practice, and so they can fail to offer sufficient guidance for a medspa, even though the guidance is sufficient for another medical practice. Operating at the intersection of medical practice and aesthetic services, med spas have a distinct set of regulatory, licensing, and business challenges.
Here is what you can expect if you choose to work with the team at Concierge Healthcare Attorneys, LLC:
24/7 Accessibility
As a client of Concierge Healthcare Attorneys, LLC, you will have access to your legal team around the clock. Your medical spa attorney will be here for you when you need us.
Credentialing and Licensing Support
We guide med spa professionals through complex licensing and credentialing issues, including telemedicine rules, multi-state practice concerns, and license renewals or appeals.
Custom-Tailored Representation and Advice
Since no two medical spas are identical, custom-tailored legal services are essential. We develop and deliver solutions specifically to our clients’ unique needs.
Insights Based on Decades of Experience
Led by founding attorney Barney Cohen, our team provides deep legal insights based on decades of experience representing medical spas and other healthcare providers across the United States.
Litigation and Dispute Resolution
If the medspa faces a lawsuit from a patient, vendor, or former employee, the attorney will assess legal exposure, recommend a defense strategy, represent the med spa in settlement negotiations or court, and work to protect both financial interests and reputation.
A Proactive Approach to Protecting Your Medical Spa
While we are more than ready to serve as defense counsel when necessary, we proactively protect our medical spa clients without unnecessary costs or complications.
Regulatory Compliance
From state-specific scope of practice rules to federal advertising and HIPAA regulations, we help ensure that every aspect of your med spa operation is legally compliant.
Successful Med Spa Transactions
Whether buying, selling, or entering into a partnership, we have successfully guided med spa owners through complex transactions with favorable outcomes.
Up-to-Date File Management Technology
We use up-to-date file management technology to ensure our clients have easy access to their policies, procedures, and other documents in a completely secure environment.
Why Choose Us?
At Concierge Healthcare Attorneys, we are uniquely positioned at the intersection of healthcare, aesthetics, and business. We serve:
- Physicians and advanced practice providers launching med spas
- Nurses and entrepreneurs partnering with medical directors
- Aesthetic brands expanding into new states
- Wellness providers adding cosmetic services
We offer flat-fee packages for start-ups and ongoing counsel for growing practices.
Our Med Spa Legal Services Include:
- Entity Formation (PC, PLLC, MSO)
- Operating and Shareholder Agreements
- Medical Director and Collaboration Agreements
- Management Services Agreements (MSAs)
- HIPAA & Privacy Compliance
- Informed Consent Forms
- Scope of Practice and Supervision Guidance
- Telehealth & Prescribing Compliance
- Advertising and Website Review
- Staff Training on Legal Compliance
Schedule a Free Consultation with a Medical Spa Attorney Today
We invite you to contact us if you want to know more about our medical spa practice. Once you do, we will arrange for you to speak with one of our attorneys in confidence as soon as possible. To schedule a free consultation with a medical spa attorney at Concierge Healthcare Attorneys, LLC, please call 312-804-1739 or request an appointment online today.