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Medspa Legal & Legislation > NM

What about the corporate practice of medicine? How can anyone other then a physician open up a medical practice? After my research the practice of medicine has been illegal in the state of Oregon but the state is unwilling to enforce the laws. www.illegalmedspa.com Before opening up a medical spa or becoming a Medical Director I would do my homework.

yup.

Most of us have done our research. Not many are foolish enough to spend the $$$ to open a business that will then be shut down because state regulations aren't followed.

In my state only MD's can open a medical practice. So we form a legal partnership with our MD's and our "corporate" practice of medicine flourishes.

I can't speak to the state of Oregon but your statement "After my research the practice of medicine has been illegal in the state of Oregon but the state is unwilling to enforce the laws" makes no sense.

It sounds like to me like the state is enforcing their laws- it's just that no laws are being broken.

Its a little bit of both. The states at least NY & CT seem to turn a blind eye to illegal practices until something happens then everyone is surprised. The problem is made worse when persons believe teaming with a physician allows for them to begin and practice what has been determined to be a medical procedure. I see a lot of spas make a venture with an MD then proceeded to perform procedures out of the scope of their licensure. An instance no aestician has the licensure to perform ablative laser procedures yet they do. Now that goes fine until someone sues then the doctor who offered their license up for a few bucks winds up in the court room. It is amazing how may do not know their malpractice carrier isn't covering this spa that they decided to add to their practice and when its realized that since they have the deep pockets they are going to be held accountable for the largest part of the pie. If the person at the spa was found to be practicing medicine then the doctor also gets hit for transferring medical capabilities which they are not legally allowed to do. IE > grandma is a great sewer I think Ill teach her some suture techniques and make her my wound closure assistant.

So you are both right to a degree. If a physician is a legal partner and all the cosmetics are handled by the aesticians and the medical by at least an RN then everything is fine in most states except NJ where only a physician can fire any laser.

I live in new Mexico and I am a certified laser technician. I am in the process of opening my own business. From what I understand I can have my own building instead of being inside a doctors office. I just need a RN,MD or NP to sign off on me. It can be supervised or unsupervised from what I understand. Can anyone vouch that this information is correct? Thanks

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