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Ohio Summary of State Laws & Regulations
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Ohio 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 Ohio law?

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

Who can legally inject Botox under Ohio 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 Ohio?

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

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?

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 Ohio 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?


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 contained 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.

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?

The State Medical Board of Ohio (Board) has stated that Ohio law does...

Read more>>

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

As long as (1) the entity that own the medical spa is...

Read more>>

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

Ohio's Board has issued an opinion that expressly...

Read more>>

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

Ohio's Board has issued an opinion that expressly...

Read more>>

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

Non-physicians and unlicensed persons...

Read more>>

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

Ohio's Board has stated that Ohio law...

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 Ohio law it is considered a “kickback” if a physician...

Read more>>

a) What are the anti-kickback statutes?

The federal anti-kickback statute prohibits the...

Read more>>

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

Some examples of prohibited kickbacks and referral arrangements are...

Read more>>

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

In Ohio, it is...

Read more>>

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

If a nurse, physician assistant or nurse practitioner personally performs...

Read more>>

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

A medical spa may...

Read more>>

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

Ohio's Board has stated that Ohio law...

Read more>>

Can staff take commissions on non-medical retail products?

As long as the retail products are not...

Read more>>

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

Prescription medicines, drugs, and medical devices are...

Read more>>

Are Botox parties legal?

"Whether Botox parties are legal likely depends on the...

Read more>>

Who can legally fire a laser under Ohio law?

Physicians are allowed to...

Read more>>

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

Physicians may...

Read more>>

Who can legally inject Botox under Ohio law?

"Under Ohio law, physicians,...

Read more>>

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

Physicians may...

Read more>>

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

A medical assistant (MA) is a...

Read more>>

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

Medical assistants are...

Read more>>

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

Ohio regulations allow for physician...

Read more>>

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

A medical assistant...

Read more>>

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

Because the standards for delegation to...

Read more>>

e) Are medical assistants allowed to pierce the skin?

The tasks that are allowed to be...

Read more>>

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

The injection of Botox or collagen is a task...

Read more>>

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

Under Ohio law ...

Read more>>

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

Registered nurses require...

Read more>>

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

RNs may perform...

Read more>>

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

Medical spas can hire licensed estheticians or cosmetologists if...

Read more>>

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

A physician, PA, or...

Read more>>

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

New patients may be...

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?

As long as the marketing or advertising does...

Read more>>

a) How should a medical practice advertise its prices?

Any advertisement that references...

Read more>>

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

A medical spa can include...

Read more>>

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

A physician should...

Read more>>

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

Ohio law does...

Read more>>

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

"Medical spas are medical practices...

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 an...

Read more>>

What is informed consent?

In Ohio, informed consent consists of...

Read more>>

a) Do all medical procedures require informed consent?

Simple and common procedures like...

Read more>>

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

To satisfy informed consent requirements in Ohio, a physician...

Read more>>

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

HIPAA allows covered health care...

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...

Read more>>

What is OSHA and does it apply to medical spas?

OSHA is a federal...

Read more>>

What is HIPAA?

HIPAA is federal...

Read more>>

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

"Ohio's laws governing the...

Read more>>

What is a DEA Registration Number?

A DEA registration number is a number...

Read more>>

What is the FDA and what do they do?

The FDA is a regulatory...

Read more>>

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

While food, drugs, and...

Read more>>

Can a chiropractor or dentist serve as a medical director?

A chiropractor or dentist may...

Read more>>

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

"Ohio allows physicians,...

Read more>>


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 contained 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.

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