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Florida Summary of State Laws & Regulations
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Florida Frequently Asked Questions


Which procedures at medical spas constitute medical treatment?

Who can own a medical spa?

Can a non-physician own all or part of a medical spa?

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?

If I'm not a doctor, can I share in the profits of a medical spa?

If I’m not a doctor or a licensed practitioner, how can I make money from a medical spa.

What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?

I’ve heard that providing gift cards or reward programs in exchange for referrals is a “kickback.” Is this true? What are kickbacks?

a) What are the anti-kickback statutes?

b) What are some examples of prohibited kickbacks and referral arrangements?

c) How do I properly incentivize my staff and patients to bring my med spa more business without engaging in kickbacks?

Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?

Can a medical spa pay a person or entity to market the practice’s services?

Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?

Can staff take commissions on non-medical retail products?

Do I need to charge sales tax on procedures like Botox?

Are Botox parties legal?

Who can legally fire a laser under Florida law?

a) What are laser technicians and can they operate lasers under proper supervision?

Who can legally inject Botox under Florida law?

Does a physician need to be on site during laser and intense pulse light (IPL) devices?

What is a medical assistant? What role do they play in a medical spa?

a) Should a medical assistant be licensed to practice in Florida?

b) What is the legal scope of medical assistants in Florida?

c) Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a nametag?

d) May medical assistants perform any procedure in a medical spa so long as they are properly supervised?

e) Are medical assistants allowed to pierce the skin?

f) Are medical assistants allowed to administer Botox or inject collagen?

g) Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?

What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?

a) Can a registered nurse use a laser or intense pulse light device in a medical spa?

Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?

Does a physician have to examine every new patient before the patient is treated at a med spa?

What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it?

Does a medical spa need to obtain a license to operate?

Can a medical spa advertise its professional services?

a) How should a medical practice advertise its prices?

b) Can a medical spa include testimonials and endorsements by actual patients or models in its advertising?

c) Does a physician have to use his or her name in advertisements?

Can a medical spa offer discounts through Groupon or other similar social networking websites?

What type of records are medical spas required to keep of their patients?

When is a physician-patient relationship needed? How is it established? Is a physician-patient relationship established by a consultation?

What is informed consent?

a) Do all medical procedures require informed consent?

b) What information must a physician disclose to satisfy informed consent?

Can a med spa text or email patients to convey confidential medical information?

If a patient posted a message or a review on a medical spa’s social media page, can and how should the medical spa respond?

What is OSHA and does it apply to medical spas?

What is HIPAA?

Does Florida have its own version of HIPAA? How does it differ?

What is a DEA Registration Number?

What is the FDA and what do they do?

Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia?

Can a chiropractor or dentist serve as a medical director?

Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?


Which procedures at medical spas constitute medical treatment?

Medical spas were developed to offer certain aesthetic skin care procedures ...

Read more>>

Who can own a medical spa?

In Florida, ...

Read more>>

Can a non-physician own all or part of a medical spa?

In Florida ...

Read more>>

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?

Florida law requires the employment ...

Read more>>

If I'm not a doctor, can I share in the profits of a medical spa?

Florida law permits ...

Read more>>

If I’m not a doctor or a licensed practitioner, how can I make money from a medical spa?

Non-physicians (including MSOs) may be ...

Read more>>

What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?

Where an entity owns a medical spa and hires a medical director ...

Read more>>

I’ve heard that providing gift cards or reward programs in exchange for referrals is a “kickback.” Is this true? What are kickbacks?

Under Florida law it is considered a “kickback” if ...

Read more>>

a) What are the anti-kickback statutes?

There are federal and state anti-kickback statutes ...

Read more>>

b) How do I properly incentivize my staff and patients to bring my med spa more business without engaging in kickbacks?

In Florida, ...

Read more>>

Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?

A nurse, physician assistant (PA), or nurse practitioner (NP) may ...

Read more>>

Can a medical spa pay a person or entity to market the practice’s services?

In Florida, ...

Read more>>

Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?

An unlicensed person...

Read more>>

Can staff take commissions on non-medical retail products?

In Florida, ...

Read more>>

Do I need to charge sales tax on procedures like Botox?

Florida specifically ...

Read more>>

Are Botox parties legal?

Florida law does not ...

Read more>>

Who can legally fire a laser under Florida law?

"Florida law does not ...

Read more>>

a) What are laser technicians and can they operate lasers under proper supervision?

"Florida does not ...

Read more>>

Who can legally inject Botox under Florida law?

In Florida, there are ...

Read more>>

Does a physician need to be on site during laser and intense pulse light (IPL) devices?

"During any laser or IPL use related to ...

Read more>>

What is a medical assistant? What role do they play in a medical spa?

Medical assistants are ...

Read more>>

a) Should a medical assistant be licensed to practice in Florida?

Florida law ...

Read more>>

b) What is the legal scope of medical assistants in Florida?

A medical assistant may perform duties ...

Read more>>

c) Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a nametag?

Florida law requires licensed ...

Read more>>

d) May medical assistants perform any procedure in a medical spa so long as they are properly supervised?

A medical assistant may ...

Read more>>

e) Are medical assistants allowed to pierce the skin?

Medical assistants may ...

Read more>>

f) Are medical assistants allowed to administer Botox or inject collagen?

The injection of Botox, collagen, or ...

Read more>>

g) Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?

Medical assistants are ...

Read more>>

What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?

Tasks delegated by a physician that constitute the ...

Read more>>

a) Can a registered nurse use a laser or intense pulse light device in a medical spa?

In Florida, ... 

Read more>>

Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?

Physicians ...

Read more>>

Does a physician have to examine every new patient before the patient is treated at a med spa?

In Florida, ...

Read more>>

What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it?

A PA or ARNP ...

Read more>>

Does a medical spa need to obtain a license to operate?
 

"A medical spa is considered to be a ...

Read more>>

Can a medical spa advertise its professional services?

In Florida, ...

Read more>>

a) How should a medical practice advertise its prices?

Under Florida law, ...

Read more>>

b) Can a medical spa include testimonials and endorsements by actual patients or models in its advertising?

Florida law does not ...

Read more>>

c) Does a physician have to use his or her name in advertisements?

An advertisement should ...

Read more>>

Can a medical spa offer discounts through Groupon or other similar social networking websites?

In Florida, ...

Read more>>

What type of records are medical spas required to keep of their patients?

Medical spas are ...

Read more>>

When is a physician-patient relationship needed? How is it established? Is a physician-patient relationship established by a consultation?

The physician-patient relationship is ...

Read more>>

What is informed consent?

Informed consent from a patient is ...

Read more>>

a) Do all medical procedures require informed consent?

Simple and common procedures ...

Read more>>

b) What information must a physician disclose to satisfy informed consent?

In Florida, informed consent exists ...

Read more>>

Can a med spa text or email patients to convey confidential medical information?

HIPAA allows covered health care providers ...

Read more>>

If a patient posted a message or a review on a medical spa’s social media page, can and how should the medical spa respond?

When communicating on social media, a medical spa should always ...

Read more>>

What is OSHA and does it apply to medical spas?

The Occupational Safety and Health Administration, (OSHA), is a ...

Read more>>

What is HIPAA?

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is federal law that ...

Read more>>

Does Florida have its own version of HIPAA? How does it differ?

The Florida Information Protection Act (FIPA) complements ...

Read more>>

What is a DEA Registration Number?

A DEA registration number is a number assigned to a ...

Read more>>

What is the FDA and what do they do?

The FDA is a regulatory agency that protects the ...

Read more>>

Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe or Asia?

While food, drugs, and medical devices are increasingly being imported ...

Read more>>

Can a chiropractor or dentist serve as a medical director?

The term "medical director" implies ...

Read more>>

Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?

Micro needling, laser or intense pulse light devices, dermabrasion that penetrates the outer layer of the dermis, and coolsculpting must be performed ...

Read more>>


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 January 2017

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