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

In Oregon, the injection of Botox, fillers, and laser treatments are defined as the practice of medicine. Oregon common law is construed as prohibiting the corporate practice of medicine, but the Oregon Revised Statutes carve out specific exceptions.See ORS Chapter 58.

In Oregon, a professional organization may

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Can a nurse, esthetician, or physician assistant own a medical spa by employing a medical director?

Employment of a physician as a medical director where a non-physician runs the medical spa

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Can nurses, physician assistants, or estheticians work on commission for administering laser treatments or injectables such as Botox?

Oregon law on self-referrals, ORS § 441.098, would

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

A physician or a Licensed Independent

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

See answers for specific delegations allowed for Botox injections and laser treatments under question "Who can inject Botox and other injectable fillers?”.

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Can initial patient examinations be delegated?

No.

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

Certain conditions must be met and it depends

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Who can perform laser treatments?

Under Oregon law, the use of laser, light radio frequency and plasma devices ("LLRP” devices) is the practice of medicine.See ORS 677.085.

Properly trained

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Can an Esthetician perform laser procedures for cosmetic purposes?

Such unsupervised use of lasers may

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Who can inject Botox and other injectable fillers?

Pursuant to ORS 677.085(4), the practice of medicine includes: "Offer or undertake to diagnose,

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Can an Esthetician inject substances for cosmetic purposes?

No.

May a general dentist inject Botox and other injectable fillers?

The use of Botox and dermal fillers can be within the scope of practice of

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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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