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New York Summary of State Laws & Regulations
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Who can own a medical spa?

New York follows the "Corporate Practice of Medicine” doctrine, which among other things, restricts the delivery of medical services to entities that are owned and controlled by licensed professionals.

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Can a nurse, esthetician, Physician Assistant (PA) or Nurse Practitioner (NP) own a med spa by employing a medical director?

Under New York law, only a licensed

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Can a nurse, esthetician, PA or NP take a commission for administering laser treatments or injectables like Botox?

See N.Y. Educ. Law § 6509-a. This prohibition is designed to ensure that medical and nursing decisions are based on sound clinical judgment, uncompromised by economic or business consideration. New York law

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What about Physician Assistants and Nurse Practitioners – can they see new patients or must it always be a physician?

A Physician Assistant is considered a dependent practitioner working under the supervision of a licensed physician responsible for the actions of the Physician Assistant. The supervising physician

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Can physicians delegate medical tasks and duties to non-physicians?

In New York State, a physician may not delegate tasks that fall exclusively within that physician’s scope of practice to another licensed professional who does

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Does a physician have to be present at the med spa at all times?

Physicians do

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Who can perform laser treatments?

A Registered Professional Nurse, who has

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Can Estheticians Perform Laser Treatments?

According to the Department of State, Division of Licensing Services website, "laser hair removal services may be offered in licensed appearance enhancement businesses by licensed

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Botox and other Injectable Fillers: Who can inject?

Upon prescription of an authorized provider who has examined the patient, a

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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

LEGAL SPOTLIGHT
The American Med Spa Association (AmSpa) is powered by ByrdAdatto, the leading law firm in the medical aesthetics industry. The law firm of ByrdAdatto was formed for one simple reason: to help business and health care professionals navigate the complicated maze of business and health care legal issues that come with owning a successful business. You take care of business. We take care of you. For more information, please call 888-827-8860 or email legal@americanmedspa.org.
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