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

Only licensed physicians can own and operate a medical spa in the State of Wisconsin. Under Wisconsin law, certain procedures performed in a medical spa (e.g. laser treatments) are considered the practice of medicine

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Can a nurse, esthetician, PA or NP own a med spa by employing a medical director?

No. As stated above, only physicians licensed to practice medicine in the State of Wisconsin may own and operate a medical spa. A person who is not licensed to practice medicine in the State of Wisconsin cannot

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

Because physicians are prohibited from sharing a percentage of their professional fees with anyone other than

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

Not necessarily. PAs and APNPs are permitted to treat patients without first having a physician examine the patient, provided the supervisory

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What about PAs and NPs—can they see new patients or does it have to be a physician?

Wisconsin law explicitly states that a PA may obtain a personal medical history and perform a physical exam, and record and present pertinent data concerning the patient in a manner meaningful to the supervising physician, all within the limits

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

Yes, provided certain conditions are met. Physicians may delegate patient care tasks or duties to unlicensed individuals who possess appropriate training and experience. However,

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

Not necessarily. Services performed by PAs and APNPs need not always be in the presence of a physician; however,

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Who can perform laser treatments?

In Wisconsin, the use of a laser is considered a medical act which means a physician may perform the treatments. However,

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Can estheticians perform laser treatments?

As described above, aestheticians may perform laser treatments as a delegated medical act. However,

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Botox and other injectable fillers: who can inject?

While Wisconsin law does not provide specific guidance as to who may inject Botox and other injectable fillers, it is likely that these types of injections would be considered medical acts to be performed

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Can a dentist own a medical spa?

In Wisconsin, only a licensed physician may own a medical spa. Under Wisconsin law, certain procedures performed

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Can a dentist serve as a medical director at a medical spa?

In Wisconsin, the medical director of a medical spa must be a licensed physician. The medical spa must be

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Can dentists inject Botox?

It depends. In Wisconsin, a licensed dentist may administer Botox or other injectables for

Can dentists perform laser treatments?

Again, it depends. In Wisconsin, the use of lasers for cosmetic or medical procedures that disrupt the epidermal surface of the skin

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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

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
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