Frequently Asked Questions
- Who can own a medical spa?
- Can a nurse, esthetician, PA or NP own a med spa by employing a medical director?
- Can a nurse, esthetician, PA, or NP take a commission for administering laser treatments or injectables like Botox?
- Does a physician have to examine every new patient before the patient is treated?
- What about Physician Assistants and Nurse Practitioners – can they see new patients or must it always be a physician?
- Can physicians delegate medical tasks and duties to non-physicians?
- Does a physician have to be present at the med spa at all times?
- Who can perform laser treatments?
- Can Estheticians Perform Laser Treatments?
- Botox and other Injectible Fillers: Who can inject?
- Other relevant information
Who can own a medical spa?
Because certain medical services in the cosmetic or aesthetic field constitute the practice of medicine, a licensed physician must perform or properly delegate the performance of such services. However, a medical spa does
Can a nurse, esthetician, Physician Assistant (PA) or Nurse Practitioner (NP) own a medical spa by employing a medical director?
If a medical spa is owned by a
Can a nurse, esthetician, PA or NP take a commission for administering laser treatments or injections like Botox?
In Colorado, the answer to this question depends upon who is performing the service. Colorado law would
What type of medical services in the cosmetic or aesthetic field constitutes the practice of medicine for which physician supervision is required?
"Medical-Aesthetic Services” that are considered to be the practice of medicine include, but are not limited to:
Can physicians delegate Medical-Aesthetic Services to non-physicians?
A Medical-Aesthetic Service can be delegated if it is
What is a "delegatee”?
A delegatee is the provider of Medical-Aesthetic Services who has
Are there limitations on those persons who are eligible to serve as a delegatee?
A physician cannot delegate medical services to any person who is otherwise
What are some of the requirements for a physician who delegates the performance of a Medical-Aesthetic Service?
Written Agreement Requirement. A delegating physician and delegatee must have a written agreement documenting and detailing their relationship. This agreement must be available to the public at the site where the delegated services are performed. As well as
Does a physician have to examine every new patient before the patient is treated?
Physician performance of an initial consultation with the patient is
What are the requirements for the establishment of a physician-patient relationship when delegating Medical-Aesthetic Services?
When delegating Medical-Aesthetic Services, the delegating physician must:
- Provide information to patients regarding the
What about Physician Assistants and Nurse Practitioners – can they see new patients or must it always be a physician?
While Physician Assistants (PAs) and Nurse Practitioners (NPs) or other
Does a physician have to be present at the medical spa at all times?
A physician must be on the premises and readily available to provide adequate personal and responsible direction and supervision. However,
Who can perform laser treatments?
The use of lasers constitutes the practice of medicine. More specifically, the Colorado Medical Board has stated that
Can estheticians perform laser treatments?
While Colorado law does not directly
Botox and other injectable fillers: Who can inject?
The performance of injections of Botox, Collagen, Restylane or any other substance injected for a primarily cosmetic purpose are considered the practice of medicine and therefore must be performed by
Does electrolysis require physician supervision?
No. The use of electrolysis devices which are identified by the FDA as Class I devices does
Do "chemical peels” require physician supervision?
Whether a chemical peel requires physician supervision depends on
The information and answers contained in these frequently asked questions provide a general guide to certain laws that apply to "medical spas” in this particular state. The information contained on this site is for general reference only. This information is not intended to provide legal advice, and it should not be relied upon as legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers: You should not act upon this information without seeking knowledgeable legal counsel that takes the laws of your jurisdiction into account. All uses of the content of this site, other than personal uses, are prohibited.
Summary updated June 2014