Med Spa Formation, Licensure, and Operational Compliance: Navigating Complex Federal and State Regulatory Issues

Med spas have become increasingly popular as they offer the soothing environment of traditional day spas while providing aesthetic clinical services. Yet, despite the relaxed atmosphere, med spas must still comply with stringent healthcare regulations. In addition to federal law (including, among others, HIPAA governing the handling of PHI and OSHA ensuring workplace safety), med spas are regulated by an evolving patchwork of state laws, making licensure and operational compliance a challenge.

While most states have some type of regulation related to med spas, the requirements vary greatly across jurisdictions making it difficult for those who own med spas to know whether certain regulatory requirements apply to them. For example, some states may allow anyone to own a med spa, while others may require licensed medical professionals and/or physician ownership based on the state's corporate practice of medicine doctrine.

Other key considerations that may be impacted based on jurisdiction include delineating what services may be offered by the med spa; determining who can perform certain services and the credentials required; and establishing compliant day-to-day operational processes such as patient intake, medical evaluation, recordkeeping and documentation, pharmaceutical handling, and marketing.

Listen as our expert panel provides a comprehensive overview of the current regulation of med spas. The panel will offer best practices for assisting clients with navigating the compliance challenges associated with med spa formation, licensure, and operation.