Illinois Frequently Asked Questions

Which procedures at medical spas constitute medical treatment?

Medical spas were developed to offer...

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Who can own a medical spa?

Generally, because medical spas offer treatments that are for...

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

A physician, or a group of physicians, that have...

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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...

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

Illinois law specifically...

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

"Generally speaking, non-physicians can...

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...

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...

a) What are the anti-kickback statutes?

There are federal and state anti-kickback statutes....

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

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

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

We advise you to contact your local...

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

Illinois law specifically prohibits...

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

A medical spa may employ...

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

An unlicensed person or entity may...

Can staff take commissions on non-medical retail products?

As long as the retail products are not...

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

Both prescription and nonprescription medications and medical appliances...

Are Botox parties legal?

The law does not restrict...

Who can legally fire a laser under Illinois law?

Under Illinois law, administering cosmetic laser treatments is...

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

The IDFPR does not formally recognize...

Who can legally inject Botox under Illinois law?

A person who injects Botox for cosmetic purposes is...

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

A physician must be on-site when a...

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

The IDFPR does not formally recognize...

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

Illinois law does...

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

Illinois law does not...

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

Illinois law requires all persons providing...

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

Because Illinois law does not...

e) Are medical assistants allowed to pierce the skin?

Because Illinois law does not specifically...

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

Illinois law does not specifically...

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

A physician may delegate...

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

Before a physician may delegate any medical procedure...

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

RNs are allowed to...

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

Physicians can hire licensed...

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

A physician is required to...

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

A PA or APN may conduct an...

Does a medical spa need to obtain a license to operate?

A medical spa is considered to be a...

Can a medical spa advertise its professional services?

Medical spas are free to advertise in...

a) How should a medical practice advertise its prices?

Under Illinois law, a medical spa advertisement may...

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

Illinois previously prohibited the use of...

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

An advertisement should..

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

The Illinois IDFPR issued a position statement on...

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

Medical spas are medical...

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...

What is informed consent?

Informed consent is the permission given by a...

a) Do all medical procedures require informed consent?

Simple and common procedures like a typical...

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

A physician must disclose all information that is...

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

Physicians should keep their professional...

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...

What is OSHA and does it apply to medical spas?

OSHA is a federal...

What is HIPAA?

HIPAA is federal law that aims to...

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

The Illinois Personal Information Protection Act...

What is a DEA Registration Number?

A DEA registration number is a number...

a) Are separate DEA registration numbers required for separate locations owned by the same physician?

A separate registration is...

What is the FDA and what do they do?

The FDA is a regulatory agency that...

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

While food, drugs, and medical devices are...

Can a chiropractor or dentist serve as a medical director?

The term "medical director" implies...

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

Micro needling, laser or intense pulse light devices...