Who can own a medical spa?
New Jersey 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.
Can a nurse, esthetician, PA or NP own a med spa by employing a medical director?
Under New Jersey law, only licensed
Can a nurse, esthetician, PA, or NP take a commission for administering laser treatments or injectables like Botox?
New Jersey regulations prohibit "commissions” of
Does a physician have to examine every new patient before the patient is treated?
Generally, physicians must examine every new patient before the patient is treated, but in some cases,
What about PAs and NPs—can they see new patients or does it have to be a physician?
As discussed above, physician assistants can
Can a physician delegate medical tasks and duties to non-physicians?
Under certain limited circumstances, a physician can delegate certain medical tasks and duties to non-physicians. For example, a physician
Does a physician have to be present at the med spa at all times?
In an outpatient setting, a physician can supervise a physician assistant "through
Who can perform laser treatments?
Physicians or podiatrists can perform laser treatments. See Board of Medical Examiners regulations in the New Jersey Administrative Code at: N.J.A.C. § 13:35-4A.6(a); see also N.J.A.C. § 13:35-4A.3 (defining practitioners as a "physician or a podiatrist” and including laser treatments in the definition of surgery); see also New Jersey Statutes Annotated at: N.J.S.A. § 45:9-6 (1968) (stating that only licensed persons can practice surgery).
Other practitioners can perform laser treatments if they are
Can estheticians perform laser treatments?
New Jersey law limits the performance of laser treatments to individuals licensed as
Botox and other injectable fillers: who can inject?
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 November 2014