Attorneys Advocating For Illinois Healthcare Practitioners And Providers

Thinking About Opening A Med Spa? It’s Not As Simple As It Looks

On Behalf of | Sep 20, 2023 | Healthcare Law

People often ask about how they can start their own “med spa,” or medical spa. This kind of operation can be set up in many different forms. For instance, some practices provide Botox treatments, laser treatments, IV infusions and much more.

Overall, a medical spa may not be that much different than a day spa in initial appearance. These facilities tend to offer services that qualify as low-risk or non-invasive. But they are still medical procedures, and a med spa does qualify as a medical facility. This is important for those who are looking to start one of these businesses because they need to know what rules and regulations to follow, just like the local doctor’s office does.

Ownership structures

If you’re thinking about opening a med spa, the first thing you’ll need to consider is ownership structure. You need a proper license to practice and an ownership structure that conforms to local laws. Illinois and many other states require that physicians own medical spas with 100% ownership. This means that if you’re a physician running a spa, you can’t have a business partner who isn’t a licensed physician. They would constitute practicing medicine without a license.

If you don’t have a medical license, this also means you can’t open a med spa in certain jurisdictions right now. You need to get that license first, even if you were hoping to be a co-owner with a physician. There is a doctrine known as the “corporate practice of medicine” doctrine, requiring licensed professionals to run these types of businesses.

Delegating responsibilities

Even once a spa is open, physicians can sometimes delegate responsibilities, but they need to be careful that they do not choose the wrong person. That person has to be subject to necessary oversight and supervision, and they need to be both experienced and properly trained.

What legal steps should you take?

If you have questions about how to lawfully open a med spa, do not hesitate to seek legal guidance. When it comes to such a consequential undertaking, it is far better to be safe (and informed) rather than sorry.