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| Illinois Summary of State Laws & Regulations |
Frequently Asked QuestionsDisclaimer: 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 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 medical spa procedures constitute medical treatment?Medical spas were developed to offer certain aesthetic skin care procedures developed by dermatologists and plastic surgeons in an environment thought to be more pleasing to clients. Examples of these include >>Read More Who can own a medical spa?Generally, because medical spas offer treatments that are for medical purposes >>Read More Can a non-physician own all or part of a medical spa?Only a >>Read More If I'm not a doctor, can I employ a "Medical Director" to provide medical services for my medical spa?If a non-professional business owned by non-physicians employs a medical director >>Read More If I'm not a doctor can I share in the profits of a medical spa?Illinois law specifically prohibits >>Read More If I'm not a doctor or licensed practitioner, how can I make money from a medical spa?Generally speaking, non-physicians can make money from a medical spa through use of >>Read More What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?An unlicensed person or entity that violates the ban on the corporate practice of medicine >>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 Illinois law it is considered a “kickback” if anything >>Read More Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?Illinois law specifically >>Read More Can a medical spa pay a person or entity to market the practice’s services?A medical spa may employ and provide >>Read More Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?An unlicensed person or entity may >>Read More Can staff take commissions on non-medical retail products?Yes, so long as >>Read More Do I need to charge sales tax on procedures like Botox?Both prescription and nonprescription medications and medical appliances are >>Read More Are Botox parties legal?The law does not restrict where Botox treatments may be performed, as long as >>Read More Who can legally fire a laser under Illinois law?Under Illinois law, administering cosmetic laser treatments is considered >>Read More Who can legally inject Botox under Illinois law?A person who injects Botox for cosmetic purposes >>Read More Does a physician need to be on site during laser and intense pulse light (IPL) devices?A physician must be on-site when >>Read More What is a medical assistant? What role do they play in a medical spa?The IDFPR does not >>Read More What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?Before a physician may delegate any medical procedure >>Read More Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?Physicians can hire licensed cosmetologists to >>Read More Does a physician have to examine every new patient before the patient is treated at a med spa?A physician is required to >>Read More What about nurse practitioners and physician assistants?Can they see new patients or must a physician do it? >>Read More Does a medical spa need to obtain a license to operate?A medical spa is considered to be a medical practice. Therefore, in Illinois, >>Read More Can a medical spa advertise its professional services?Illinois law expressly limits what a medical spa can advertise to the following: >>Read More Can a medical spa offer discounts through Groupon or other similar social networking websites?The Illinois IDFPR issued a position statement on daily deals, such as Groupon, and determined >>Read More What type of records are medical spas required to keep of their patients?Medical spas are medical practices and therefore >>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 needed prior to performing medical treatment in a medical spa. The physician-patient relationship arises >>Read More What is informed consent?Informed consent is >>Read More Can a med spa text or email patients to convey confidential medical information?Physicians should >>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 always >>Read More What is OSHA and does it apply to medical spas?The Occupational Safety and Health Administration, (OSHA), is a federal organization >>Read More What is HIPAA?The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is federal law >>Read More Does Illinois have its own version of HIPAA? How does it differ?Yes, the Illinois Personal Information Protection Act complements HIPAA and provides additional protections to consumers. The Act is broader in scope than HIPAA because >>Read More What is a DEA Registration Number?A DEA registration number is >>Read More What is the FDA and what do they do??The FDA is a regulatory agency that protects the public health by >>Read More Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia?Generally >>Read More Can a chiropractor or dentist serve as a medical director?The term "medical director" implies >>Read More Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?A physician may delegate these procedures to >>Read More 
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 AmSpa's legal summaries are powered by ByrdAdatto, a business and healthcare law firm with an aesthetics practice that spans the United States. If you need additional legal counsel for any matters concerning your medical spa or medical aesthetic practice contact ByrdAdatto.
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