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Medspa Legal & Legislation > Legal issues of a non-physician owned medspa

Can anyone tell me how to find information specific to my state regarding bringing on a physician into a non-physician owned practice? Procedures that esticians and RNs can preform legally? How a physician can be a medical director of a medspa owned by a non-physician?
Midwest MD
01.30 | Unregistered Commentermidwest MD
What state are you located in? If you are in Minnesota I know most of the answers. I am not sure, however, to actually implement. Virtually nobody in the state is in compliance as far as I have observed.
I'm in Wisconsin.
Dear Midwest MD: I have researched Minnesota law but not Wisconsin. If you send me an e-mail I can give you some suggestions. I am a licensed Minnesota lawyer also.

Mr.Berglund, I am a Registered Nurse that lives in ohio who would like to open up my own Medispa. However, I don't know if I can do this legally. Can I? I was thinking about going back to school to become a nurse practioner in hopes that would give me more leeway in regards to seeing patients but I am just not sure. What are your suggestions?

02.29 | Unregistered CommenterSummer

Summer: I would advise you to obtain a copy of Chapter 4731 of the Revised Ohio Code. Section 4731-18-03 prescribes the current regulations for the delegation of the use of light based devices by licensed physicians. After you have read this statute you can determine whether or not you will be able to see (and treat) patients on your own, etc. My suspicion is that you will need to enter into a legal relationship with a licensed physician. This may actually be the best way for you to go anyway. Many physicians prefer to stick to surgery, for example, and would just as soon let someone else do these light-based procedures, fillers, etc. Good luck.

MedSpaGuy... Are you in MN? Do you know the laws reguarding estheticians performing IPL or Velasmooth without a medical director??
I believe we lost our medical director and we are all worried that we shouldnt be doing these treatments without one. Our owner says he has insurance... but that doesnt make me feel any better. He doesnt have malpractice insurance, just insurance on the place he's renting....
HELP! what can we do??!!!

In my opinion anyone who is using medical lasers or pulsed light devices to perform treatments who is not either a licensed physician or operating under the supervision of a licensed physician in Minnesota could be found to be practicing medicine without a license. To cover yourself I would recommend that you find a physician to be your medical director as American Laser has done. Technically, in Minnesota docs can only (legally) delegate the use of lasers to medical personnel (such as nurses) who are allowed by their respective boards to perform these services. However, this "technicality" does not appear to be being enforced (thankfully) at the moment. But if I were an aesthetician operating medical devices with no clear "approval" by any state agency I would be concerned....

I am interested in starting a MedSpa in Illinois but am not a licensed physician. I am looking to hire a director or a physician, but have no clue how to go about it. Any advice on finding an MD and/or lawyer who is knowledgeable in this field is greatly appreciated.

05.6 | Unregistered Commenterroxy

Roxy, where in IL are you located? If you are near Chicago I might know of a doc for you. pat.monroern@yahoo.com

Hey Pat Monroe, We were located in Arlington Heights, but might be relocating to Des Plaines. I met a doctor over the weekend, a general MD, that might be interested in becoming our Medical Director and has offered us to rent rooms at his office building. I am now trying to locate an attorney that is knowledgable in IL laws regarding Medspas and can help draft a contract between us and the doctor. Any advice?

05.10 | Unregistered CommenterRoxy

There is a health law attorney group in Chicago somewhere called Greensfelder (sp?) They have a group that specialized in representing medical people, as opposed to malpractice claims. They aren't cheap and Chicago may have more choices. Use the search terms health law lawyers, instead of medical law or you will get nothing but the ambulance chasers.

Thanks for the tip Pat!

05.11 | Unregistered CommenterRoxy

Roxy: If you provide an e-mail address I can send you a very comprehensive legal brief on Illinois laws and regulations relating to providing aesthetics procedures, etc. that I found on the Internet...

Med Spa guy, can you send it to me too. I always like having as much legal info as I can lay my hands on. LOL

pat.monroern@yahoo.com

Thanks

Roxy, If you could forward me any information regarding spas in Illinois I would appreciate it. I am a Registered Nurse. Certified in Botox, Mesotherapy, Chemical peels etc..... still have a few courses scheduled to take. Having problems finding any information on my limitations of treatment in Illinois. Please forward me any information that you may have.....thanks in advance.....jerddrink@yahoo.com

10.11 | Unregistered CommenterJerddrink

I am an advanced practice nurse in Illinois - I am interested in setting up my own medispa. Can you send me the legal brief also - thank you letamarie58@yahoo.com - I will be hiring if anyone would like to send me a resume.

10.21 | Unregistered CommenterLeta

hello all.
i am a new physician, focusing in cosmetic dermasurgery, and plan to open a medspa one of these days. i would also be interested in being the medical director or partner at a current clinic.
my location of choice is the suburbs of Chicago.
if anyone is interested in chatting, don't hesitate to shoot me an email. aleksradovic@aol.com

thanks!

01.19 | Unregistered Commenterdr. r

Medspa Guy: I run my own business with a medical director in Chicago but I would also love a copy of the Illinois legal brief to explore my options in the near future. Please email to skintech13@gmail.com . Thanks!

01.31 | Unregistered CommenterCat

Hi all,
I am an NP and interested in starting a med spa business in minnesota. I would like information regarding MN state law as it relates to an NP opening this type of business. What does the MN medical board and Nursing board stipulates when it comes to an NP opening a business.I will appreciate any additional information that will assist me in this journey. Thanks

05.24 | Unregistered CommenterLindaA

Linda: I tried reading the pertinent (i.e., "aesthetic medicine practice") Minnesota Nursing Board regulations a few years and found the regs to be surprisingly complex and difficult to interpret. As far as I know right now Minnesota-- like most states-- considers the operation of lasers, IPLs, etc. to constitute "the practice of medicine" so you need to be very careful about the way you approach this. I believe the involvement of a licensed physician will be required--even for you. I suggest you retain the services of an experienced attorney to help you navigate these potentially treacherous waters....

05.26 | Unregistered Commentermedspa guy

Why do most of you people insist on asking the wrong people about laws in your own state? Most of us told you what we know. ASK your state officials. They will answer you for FREE. That is their job. I brought most of this to light a couple of years ago. Ask the insurance companies. They want business and will tell you what they insure in your state. If you do not have professional insurance.... You are making one heck of a mistake. You heard it here.

05.28 | Unregistered Commenterlefty2g

I have a beautiful facility in Naperville, Illinois. I want to start a med spa here, if anyone is interested in having conversations about the possibilities please contact me.

I am looking for medical director in Bloomington MN for med SPA any help?

06.26 | Unregistered CommenterDr MO

Hello all...I am interested in starting a medi spa in central Illinois, mainly on focusing on Dysport and/or Botox, and injecting in a salon, not my own space. Can either Roxy or Medspa guy send me the info on the rules for Illinois please? I am a CRNA already and need to find a medical director, as well. Thanks for all you advice!!

schmandy12@gmail.com is my address

03.6 | Unregistered CommenterAmanda

I also live in the midwest (ND). For the comment lefty2g made, it is NOT that easy to call up our state board to get answers! I have tried and tried to get a straight forward answer on what is and is not ok for a "medi spa". I am constantly passed off to the next board with no answers. The state board of health looked at me like I was insane when I asked whom to speak to about laws, the board of Medical Examiners told me to call the board of nursing. The NDBON was extremely vague as if they had NO idea and the board of pharmacy was in addition, NO help! I am trying to do things correctly but with out any black and white rules it is pretty much a free for all.

03.17 | Unregistered CommenterCK RN

It is also hard to find answers in WI. The WI Board of medicine gives conflicting information and the Board of Cosmetology and Barbers thinks they have all the answers. It is pretty much the Wild West out there!

Hi... I am opening a Cosmetic & Wellness Center in the suburbs of Pennsylvania and I am looking for a medical director. I have a patient following...I have been in the business for 27 years. No financial investment necessary; will compensate.
I'm open to building with someone!

Looking for a medical director in southwest Ohio near Indiana state line.

03.7 | Unregistered CommenterMindy

Looking to bring on a medical director for a Chicago southwest suburban office. We currently are using modalities such as light therapy (class IV lasers) for rehab and pain, but wish to expand into the medspa realm with more services.

05.8 | Unregistered CommenterChi Doc

Hi All,

I routinely follow discussions here as they help provide practical suggestions for some of my clients. I am a healthcare attorney in Chicago and work specifically with licensed healthcare providers and non-physician owned healthcare entities. Feel free to email me if you guys need any of the services mentioned above (medical director agreement, partnership documents, etc.).

wasif.khan@heplerbroom.com

10.11 | Registered CommenterWasif Khan

I want to open a medispa in Wisconsin. I'm not licensed in medical field, do I need to partner with a doctor to be the generically physician director of the spa? Where can I find some information on the rules in Wisconsin?
Thanks

12.19 | Unregistered CommenterJulia

Does anyone have documents pertaining to independent CRNA practice within medspa-aesthetic businesses in Ohio? Is it a requirement to have a physician medical director in order to practice neuromodulators/injectables/etc?

03.22 | Unregistered CommenterOHCRNA

I am a physician assistant and registered nurse practicing in Minnesota. I am searchin for a supervising/ collaborative physician. Any leads or suggestions. Thank you!

I am seeking legal clarity for medspas owned by anNP in Minnesota. Please email me if you are knowledgeable about it or a lawyer. I would love to get a clear picture to what I can do on my own. Thanks!

08.27 | Unregistered CommenterKrystal

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