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|Illinois Summary of State Laws & Regulations|
Disclaimer: 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 on this site is for general reference only and accuracy cannot be guaranteed, as medical spa legalities and regulations change very frequently. 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.
Medical spas were developed to offer certain aesthetic skin care procedures developed by dermatologists and plastic surgeons in an environment thought to be more pleasing to clients. Examples of these include >>Read More
Generally, because medical spas offer treatments that are for medical purposes >>Read More
Only a >>Read More
If I'm not a doctor, can I employ a "Medical Director" to provide medical services for my medical spa?
If a non-professional business owned by non-physicians employs a medical director >>Read More
Illinois law specifically prohibits >>Read More
Generally speaking, non-physicians can make money from a medical spa through use of >>Read More
What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?
An unlicensed person or entity that violates the ban on the corporate practice of medicine >>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 Illinois law it is considered a “kickback” if anything >>Read More
Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?
Illinois law specifically >>Read More
A medical spa may employ and provide >>Read More
An unlicensed person or entity may >>Read More
Yes, so long as >>Read More
Both prescription and nonprescription medications and medical appliances are >>Read More
The law does not restrict where Botox treatments may be performed, as long as >>Read More
Under Illinois law, administering cosmetic laser treatments is considered >>Read More
A person who injects Botox for cosmetic purposes >>Read More
A physician must be on-site when >>Read More
The IDFPR does not >>Read More
Before a physician may delegate any medical procedure >>Read More
Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?
Physicians can hire licensed cosmetologists to >>Read More
A physician is required to >>Read More
Can they see new patients or must a physician do it? >>Read More
A medical spa is considered to be a medical practice. Therefore, in Illinois, >>Read More
Illinois law expressly limits what a medical spa can advertise to the following: >>Read More
The Illinois IDFPR issued a position statement on daily deals, such as Groupon, and determined >>Read More
Medical spas are medical practices and therefore >>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 needed prior to performing medical treatment in a medical spa. The physician-patient relationship arises >>Read More
Informed consent is >>Read More
Physicians should >>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
The Occupational Safety and Health Administration, (OSHA), is a federal organization >>Read More
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is federal law >>Read More
Yes, the Illinois Personal Information Protection Act complements HIPAA and provides additional protections to consumers. The Act is broader in scope than HIPAA because >>Read More
A DEA registration number is >>Read More
The FDA is a regulatory agency that protects the public health by >>Read More
Generally >>Read More
The term "medical director" implies >>Read More
Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?
A physician may delegate these procedures to >>Read More
AmSpa's legal summaries are powered by ByrdAdatto, a business and healthcare law firm with an aesthetics practice that spans the United States. If you need additional legal counsel for any matters concerning your medical spa or medical aesthetic practice contact ByrdAdatto.