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

In Virginia the legal issue is not about "ownership” per se, but rather the operation, supervision and delegation of various medical services

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

See above.

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

Fee splitting Virginia code §54.1-2962 (2007)

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

A physician does

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

See Question 4.

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

As discussed in Question 4, a physician

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

Va. Code § 54.1-2952 specifically provides that "the requirement for physician

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Who can perform laser treatments?

In Virginia, whether the specific laser treatment at issue falls within the definition of "practice of medicine” as provided by

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Can Estheticians Perform Laser Treatments?

Va. Code § 54.1-700 describes "esthetics” as the performance of

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Botox and other Injectable Fillers: Who can inject?

Virginia has not passed any code provisions or regulations dealing specifically with the injection of Botox and other fillers. Because Botox and other fillers are schedule VI controlled substances in Virginia, laws and regulations governing

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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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