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Maximize Your Client’s Treatments this Holiday Season

Posted By Administration, Tuesday, December 18, 2018

Sponsored Content: CareCredit

The holiday season is upon us and your clients will want to end the year on a positive note by treating themselves to aesthetics services to help ensure they look and feel their best. Take advantage of this period by offering specials and promotions that tie to the holiday season. Follow these simple tips and experience success throughout the season and beyond, well into the New Year.

1. Offer the most popular treatments of the season:
First, monitor trending treatments and maintenance procedures to best serve your clients and help them achieve the healthy, well-rested and refreshed looks they desire. Capitalize on popular wash and wear treatments, which can be done in a lunch hour or before and after work. Head-to-toe skincare and minimally invasive body refinement services are also hot through December, ensuring clients look their best as they head from one holiday party to the next. 

2. Introduce new treatments that provided added value:
The holiday season is a great time to launch new treatments and therapies designed provide multiple benefits. Facial treatments, for example, can grouped together as exclusive “add-on’s” to offer greater value and benefits. Promote these offerings via social media and e-blasts so your clients are in the know. With new treatments that address more of their concerns, your clients will be more likely to book extended versions of each treatment during their next visit.

3. Give your clients the gift of a dedicated payment option with promotional financing options:
While many of your clients may want to take advantage of seasonal treatments, they may not have a strategy in place for how to pay for their aesthetic services. Help them by offering a payment option like the CareCredit credit card. With promotional financing options* including no interest if paid in full within 6, 12, 18 or 24 months** your clients can purchase and enjoy all the treatments and promotions the season has to offer without dipping into their holiday gift giving budgets. 

CareCredit works with more than 210,000 provider and retail locations across a broad range of specialties including medical care, beauty, dental, optometry, hearing and veterinary services. With CareCredit’s 11 million cardholders, spa and med spa businesses can get connected to a new client base, while providing optimal service for current clients. 

Visit carecredit.com/beauty now to learn more and enroll so you too can offer your clients CareCredit as a preferred payment option.

*Subject to approval. Minimum payments required. 
**No interest will be charged on the promotional purchase if you pay the promotional purchase amount in full within the 6, 12, 18, or 24-month promotional period. If you do not, interest will be charged on the promotional purchase from the purchase date. If your purchase qualifies for a 24-month promotional offer, fixed monthly payments are required equal to 4.1667% of initial promotional purchase amount until promotion is paid in full. The fixed monthly payment will be rounded up to the next highest whole dollar and may be higher than the minimum payment that would be required if the purchase was a non-promotional purchase. For all other promotional offers, the regular minimum monthly payment terms of the account will apply. Regular account terms apply to non-promotional purchases and, after promotion ends, to promotional balance, except the fixed monthly payment will apply until the promotion is paid in full. For new accounts, Purchase APR (interest rate) is 26.99%. Minimum Interest Charge is $2. Existing cardholders should see their credit card agreements for their applicable terms. Subject to credit approval.

Tags:  Sponsored Content 

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Make Your Plans to Attend AmSpa’s Medical Spa Show in Las Vegas

Posted By Administration, Friday, December 14, 2018

 

The American Med Spa Association (AmSpa) is working hard to put the finishing touches on planning for The Medical Spa Show, the premier trade show for non-invasive medical aesthetics, which will take place February 8 - 10, 2019, at the Aria Resort and Casino in Las Vegas. AmSpa has developed a very strong agenda that offers real insight into cutting-edge treatments, including microblading, new techniques in fillers and Botox, platelet-rich plasma (PRP), stem cells, and more.

 

It is very important to note that The Medical Spa Show’s room block at the Aria is very close to being full, so if you are planning to attend and wish to take advantage of the special rate we are offering in conjunction with the resort, you need to register for the conference and reserve your room very soon. The room block will sell out, and we want to make sure everybody who wants to stay at the Aria gets the chance. Click here to register for the conference; upon registration, you will receive information about the room block.

 

Also, the expo hall is completely sold out. It has sold much quicker than we ever could have anticipated. The Medical Spa Show is welcoming an incredible array of exhibitors from all different verticals in the industry, from injectables to lasers to digital marketing, and everything in between. Learn about all the latest trends and opportunities available to the medical aesthetics industry on our show floor. Check out the list of exhibitors here

 

Thank you to everybody who already has registered to attend. The entire AmSpa team is very excited to present the best show in the country for medical spas. We can’t wait to see everybody there!

Tags:  The Medical Spa Show 2019 

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AmSpa Member Spotlight with Maegen Kennedy, PA-C, Co-Founder of Windermere Dental & Medical Spa

Posted By Administration, Thursday, December 13, 2018
Updated: Friday, December 14, 2018

Take a tour through Windermere Dental & Medical Spa, located in sunny Orlando, Florida.
 
Maegen Kennedy, PA-C, shares the success of her medical spa and highly regarded microblading training in this member spotlight feature.
 
Windermere Dental & Medical Spa is a popular destination for not only injectables and microblading, but also general and cosmetic dentistry.
 
Maegen attended the Orlando AmSpa Boot Camp in November 2018 to speak on the social media panel. She will also be teaching an all-day microblading training session at The Medical Spa Show on February 7, 2019, at the Aria Resort & Casino. For more information on training, click here
 
To visit Windermere Dental & Medical Spa’s website, click here.

Tags:  Member Spotlight 

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Who Can Perform Aquagold Fine Touch Procedures?

Posted By Administration, Tuesday, December 11, 2018

By Alex R. Thiersch, CEO of the American Med Spa Association (AmSpa)

Aquagold Fine Touch is a channeling device offered for sale by Aquavit Pharmaceuticals that has become extremely popular in the medical aesthetics industry. It delivers micro-droplets of a variety of drugs—typically including Botox and other toxins, as well as fillers—into the skin. What’s more, its manufacturer claims the treatments it provides are pain-free.

Unlike a typical Botox treatment, in which the drug is directly injected and paralyzes the muscle, an Aquagold Fine Touch treatment is essentially microneedling. It delivers tiny amounts of the drug with which it is loaded over a wide area—much wider than a Botox treatment can manage. It is suitable for sensitive areas where Botox is impractical or impossible, such as the neck, and because the doses are much smaller than typical toxin treatments, it tends to result in skin that looks more natural and vibrant. Patients who wish to avoid the “frozen” look that Botox and other toxins often produce are embracing this technology.

As is typically the case when such a product emerges, we at AmSpa are getting a ton of questions about who can actually perform Aquagold Fine Touch procedures. The treatment appears to be very straightforward—a provider simply applies the device to the skin like a stamp. Its simplicity raises an obvious question: Can an esthetician or licensed vocational nurse (LVN) perform this procedure?

It’s good that we’re getting these questions because it shows that medical spa owners and operators care about remaining compliant, but because technology moves faster than the law, it’s sometimes difficult to determine what the answers are when new technology emerges. However, we can use what we know about similar treatments and technologies to determine the most prudent course of action until government agencies make their rulings.

Simply put, the Aquagold Fine Touch is essentially a microneedling device, so a lot of the issues we’ve addressed in recent years regarding microneedling are likely also going to apply to it. Every state that has looked into microneedling has found it to be a medical treatment, so a good-faith exam must be performed before the procedure, and if a doctor is not administering the treatment him- or herself, it must be properly delegated.

Unfortunately for practices that would like to use unlicensed practitioners to perform Aquagold Fine Touch procedures, this takes them out of the scopes of practice for estheticians and LVNs. In addition, the fact that Botox and fillers are being administered raises the question of whether or not this represents an injection and, therefore, if it can be administered only by a registered nurse or, in some cases, a nurse practitioner, physician assistant or physician.

The only conclusion we can draw with any sort of certainty is that Aquagold Fine Touch will be regulated in much the same way as microneedling, both in terms of medical board rulings and FDA approval, which has become a bit of a sticking point for microneedling products recently. Additionally, mixing different drugs together, as many doctors do with the Aquagold Fine Touch device, may represent a violation of pharmaceutical regulations, as many IV bars are finding out. Does a practice need to be registered as a pharmacy and have pharmaceutical oversight? Can nurses do it? Can LPNs? Who is qualified, capable and allowed to do this under the law?

Unfortunately, I don’t have all these answers at the moment, but I am going to find out, so stay tuned to AmSpa for more about Aquagold Fine Touch treatments. Thus far, it has been very safe and very well received, but the industry needs to have a firmer grasp on the regulatory issues surrounding it.

Tags:  Med Spa Law  Med Spa Ownership  Med Spa Trends 

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EmSculpt Laws and Your Med Spa

Posted By Administration, Monday, December 10, 2018

By Michael S. Byrd, JD, Partner, ByrdAdatto

Unless you’ve been living under a rock, you may have noticed the increasing number of medical spas and aesthetic practices popping up in areas across the country. Similarly, the variety of non-invasive cosmetic procedures are continuing to attract ― and now contract ― bodies into its facilities.

Using high-intensity focused electromagnetic energy, or HIFU, Emsculpt is the newest non-invasive aesthetic procedure in the body contouring market.  It induces supramaximal muscle contractions to burn fat and strengthen abdomen and buttocks muscles in weeks instead of the months it would take to get the same or similar results in the gym, or with the alternative butt-lift.

Emsculpt, and similar non-invasive procedures, are commonly referred to as “cosmetic” procedures which may suggest that the procedures are different from other medical treatments; but as names can mean almost nothing, so do many states that broadly define what constitutes the practice of medicine and medical treatments. In other words, states couldn’t care less about the attractive name of your business ― if it operates like a medical facility, employs like a medical facility and treats physical conditions like a medical facility, then it’s a medical facility.

Emsculpt, as is the consistent case with Coolsculpting and SculpSure, will be considered the practice of medicine and constitute a medical treatment in most states.  Although the law and enforcement of the law lag behind advances in technology, the various states generally look to see what happens to the body with the treatment.  For example, Coolsculpting causes changes in the body to eliminate fat;  Microneedling stimulates collagen production.  Both of these treatments are routinely considered the practice of medicine.

If Emsculpt is indeed the practice of medicine, this can legally impact who can own a business that provides Emsculpt.  Virginia and California are two examples of states that broadly define the practice of medicine and that would characterize Emsculpt the practice of medicine; however, Virginia allows  anyone to own a business that practices medicine, while California’s ownership laws are more restrictive. These state specific nuances are just as important when determining who can and cannot perform the procedure.

Compliance is not stagnate; rather it is a moving target that changes as the laws, technology, and providers change.  For more information and state law guidance on Emsculpt or other aesthetic procedures, please contact ByrdAdatto. AmSpa members receive a complimentary 15-20 minute annual compliance consultation call.

Michael S. Byrd , JD, is a partner with the law firm of ByrdAdatto. With his background as both a litigator and transactional attorney, Michael brings a comprehensive perspective to business and health care issues. He has been named to Texas Rising Stars and Texas Super Lawyers, published by Thompson Reuters, for multiple years (2009-2016) and recognized as a Best Lawyer in Dallas by D Magazine (2013, 2016).

Tags:  ByrdAdatto  Med Spa Law 

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Microblading Training Offered at The Medical Spa Show 2019

Posted By Administration, Friday, December 7, 2018

By Alex R. Thiersch, CEO of the American Med Spa Association (AmSpa)

Microblading is here to stay. A semi-permanent beautification technique that is typically used to improve the perceived thickness of patients’ eyebrows, microblading is a treatment in which technicians create superficial cuts near the surface of the skin and fill them with pigment, creating the illusion of fuller hair. It is an exciting treatment that is becoming quite popular—in fact, according to the 2017 State of the Medical Spa Industry Report conducted by AmSpa, microblading is the fastest-growing new treatment in the industry, with revenue produced by it increasing approximately 40% from year to year. 

However, it is also worth noting that AmSpa’s study found that only around 25% of medical spas offer microblading. That number seems to be rising, but the market for this service is also growing, and enterprising practices stand to make a great deal of money with it, since it is absurdly inexpensive to the practice—all it requires is a disposable device that costs around $5. What’s more, in many states a practice typically does not need a doctor or a medically licensed practitioner to perform these treatments, thus keeping their practical costs low. However, medical spas can charge upwards of $500 for microblading services, so practices can reap very high profit margins when it is administered. Patients like it because it is simple and semi-permanent, making it a much more palatable solution than tattooing, which has been used in the past for the same purpose; microblading also tends to look a bit more natural.

I’ve been told by medical aesthetic professionals that eyebrows are the new lips, so microblading is something that medical spa owners who want to advance their practices should definitely consider exploring.

Educate yourself

Because microblading is so potentially lucrative, AmSpa is offering a one-day microblading training course at The Medical Spa Show 2019 in Las Vegas, which takes place on February 7, 2019. It is presented by Maegen Kennedy from Fleek Brows Microblading in Orlando, FL, who has been training people to perform this technique for several years. She is a board-certified physician assistant and licensed tattoo artist whose experience in the field can help newcomers understand the ins and outs of the microblading process. Visit medicalspashow.com or americanmedspa.org to learn more about this opportunity.

The micro print

If you are considering joining AmSpa and Maegen for this course, you should probably be aware ahead of time that because the microblading process is so similar to that of tattooing, most states that have issued rulings on the matter of who can legally perform these treatments have declared that a tattooing or body art license is required to perform it. 

If your practice is located in one of these states, you and your employees would need to obtain these licenses (if you don’t already have them) in order to perform microblading treatments in a medical spa. This might sound like a bit of a hassle, but earning a tattooing license is often surprisingly simple. Consult a local health care attorney to learn how you and your employees can get tattooing licenses in your state or city. (Author’s note: The American Med Spa Association (AmSpa) works with a national law firm that focuses on medical aesthetic legalities and, as a member, along with a number of other great benefits, you receive a discount off of your initial consultation. To learn more, log on to www.americanmedspa.org.)

If you need to know anything else about this topic, you can learn more about microblading at AmSpa’s consumer treatment website

Microblading training is highly sought after, and this is a great chance to learn about a type of treatment that could make a big difference for a practice’s bottom line. Join AmSpa and Maegen Kennedy in Las Vegas to learn how your medical spa can hit the jackpot with microblading.

Tags:  Med Spa Trends  The Medical Spa Show 2019 

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Houston PD Appears to be Bringing the Hammer Down as Fourth Arrest Made in Houston Med Spa “Crackdown”

Posted By Administration, Thursday, December 6, 2018

By Alex R. Thiersch, CEO  of the American Med Spa Association (AmSpa)

The first line of this story from the local ABC affiliate in Houston says it all: “A licensed cosmetologist is the latest person arrested in a police crackdown on illegal medspa procedures.” This time, a local cosmetologist’s mugshot is accompanied by the now-all-too-familiar scene of a med spa employee being led away in handcuffs and charged with the unlawful practice of medicine.

This is, by my count, the fourth such arrest in the last month in the Houston area resulting from two separate undercover investigations. In late November, a med spa owner was led away in handcuffs after providing PRP services to an undercover officer without proper physician supervision. This followed closely on the heels of the well-publicized arrest of popular injector Michele Bogle, who was arrested for illegally injecting Botox, followed shortly thereafter by the arrest of Bogle’s medical director, Dr. Paula Springer. (Note: I had a great talk with Texas lawyers Michael Byrd and Brad Adatto about this arrest, which is available on our podcast. This is a MUST LISTEN for all Texas med spa professionals.)

The latest arrest appears to be correlated to the original two, which all emanate from Savvy Chic MedSpa in Spring, Texas. Savvy Chic MedSpa cosmetologist Melissa Galvan allegedly prescribed a weight loss pill to a patient. The patient ended up in the hospital after experiencing chest pains which led to the arrest. According to the news report, Houston PD believes that Bogle, Springer, and Galvan all worked together to “unlawfully practice medicine.” According to investigators, the prescription pad used by Galvan belonged to Dr. Springer. You can read the full story here (also posted in the AmSpa news section).

The fact that we have had two undercover stings and four arrests in the last month at Houston med spas is startling. While we have been saying for years that enforcement is coming, I never believed we would see this type of concerted and targeted effort to take down illegal med spas. Seeing med spa owners, injectors, and medical directors led away in handcuffs has got to be a sobering feeling for area med spas, regardless of whether they are compliant or not.

There is a lot to learn from this and I promise there will be more to come. I will put together some takeaways for Texas med spas once I gather my thoughts and learn a little more. In the meantime, please check out AmSpa’s legal summary for the latest on the law.

Tags:  Compliance is Cool  Med Spa Law  Medical Spa Insider Podcast 

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Medical Spas Still Have a Long Way to Go When It Comes to Compliance

Posted By Administration, Wednesday, December 5, 2018

By Alex R. Thiersch, CEO  of the American Med Spa Association (AmSpa)

The recent arrest of licensed vocational nurse (LVN) Michelle Bogle has shaken the medical spa industry to its core. Bogle, an employee of Savvy Chic Medspa in Spring, Texas, is accused of practicing medicine without a license for administering Botox injections, something that many, many LVNs—and much less qualified individuals—have done and are doing. Bogle’s arrest and prospective prosecution have far-reaching consequences for those in the medical aesthetic industry, but this sort of enforcement, while somewhat surprising, was inevitable, so it’s up to medical spas everywhere to maintain compliance with their states’ rules and regulations.

I could go to practically any medical spa in the country and find something that it’s doing incorrectly, from a minor OSHA violation to a HIPAA breach to the improper practice of medicine in the form of improper delegation or supervision. In AmSpa’s 2017 Medical Spa State of the Industry Study, it found that 37% of medical spas that responded to the survey admitted that they did not do any sort of in-person good-faith exam prior to a medical treatment. (Frankly, I think the actual number is closer to 50%, but some respondents likely weren’t being entirely truthful.) The fact that Savvy Chic was conducting exams over FaceTime is one of the reasons why the investigation that netted Bogle was launched.

Any treatment that impacts living tissue—which encompasses most of the treatments offered at a medical spa—is a medical treatment and requires a full exam before it can be administered. If roughly half of the medical spas in operation aren’t doing this, we as an industry have a long way to go. And if you’re shocked by the charge against Bogle, you shouldn’t be—administering Botox is a medical procedure and she is not qualified to perform it, so therefore, she was practicing medicine without a license. Even though it happens constantly in medical spas all over the country, that doesn’t make it right and, in fact, indicates the immaturity of the industry.

It is high time for everyone in the medical aesthetic industry to start taking this a lot more seriously than they are. If this industry is going to survive and grow and thrive, it is crucial that this starts being controlled. At a minimum, we have to understand the practice of medicine, as well as the proper delegation and supervision of medical treatments.

Another finding of AmSpa’s 2017 Medical Spa State of the Industry Study was that only 7% of the respondents said they had been investigated by a government agency. My concern is that, because enforcement has traditionally been so lax, there is not much urgency for medical spas to fix their compliance issues. However, a rise in enforcement has taken place over the past couple years, and I suspect that if we were to ask the same question today, the number of medical spas admitting they have been investigated would be significantly higher.

Compliance is never a problem until it’s a problem, but we as an industry need to want to do better, and we need to do it regardless of the threat of enforcement. The medical aesthetic industry will not be taken seriously as long as its practitioners are seen making perp walks on the nightly news. Everyone at every medical spa must respect the need for compliance and do what they can to achieve it. The Wild West days of years past are over, and the industry must evolve to become everything it possibly can be.

Tags:  Med Spa Law 

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New Ohio Law Provides Affirmative Defense to HIPAA Liability in Data Breaches

Posted By Administration, Friday, November 30, 2018

By Robert J. Fisher, Attorney, ByrdAdatto

If you work in a medical spa, you are undoubtedly using the internet in more ways than one. In the age of electronic health records, online patient portals, and rapidly expanding telemedicine, there is an ever growing amount of personal and medical information available to be illegally accessed by wrongdoers with keyboards. As a result, federal and state governments and agencies have taken the “stick” approach by penalizing those who fail to protect their data, such as the $16 million payment Anthem made to the federal government in August for a breach that exposed the personal information of nearly 79 million people, and by recognizing a private cause of action for individuals to sue companies who violate HIPAA standards (see our previous article here).

In contrast, Ohio has recently taken the “carrot” approach by passing the Cybersecurity Safe Harbor Act (“Cyber Act”) that takes a new angle on the data breach issue by incentivizing companies to develop data security plans by offering legal protection rather than by fear of penalty. In the first law of its kind, the Cyber Act allows companies to use an affirmative defense against tort claims resulting from a data breach if an adequate cyber-protection program was in place at the time of the breach.

However, for a company to use the safe harbor, its cyber-protection protocol must meet the criteria set forth by the Cyber Act. Specifically, healthcare companies and practices must meet sector-specific laws and standards such as HIPAA and HITECH both in the written plan protocol, and its implementation. Additionally, the Cyber Act is not one size fits all as each security plan must be tailored in complexity and scope based on certain factors such as structure of the company, sensitivity of information, cost effectiveness of security improvements, and availability of tools.

While this law is specific to Ohio, it may be a sign of laws to come nationwide that would further encourage healthcare companies to protect themselves from suit by implementing strengthened data protection plans. Further, it indicates that HIPAA continues to be the standard on which healthcare companies need to base their compliance programs, regardless of whether HIPAA specifically applies to them. As such, we continue to recommend that all healthcare companies and medical practices protect themselves by preparing and enacting a HIPAA compliant data protection plan, or having their current plan audited for sufficiency.

For more information on best practices, laws and regulations, attend The 2019 Medical Spa Show in Las Vegas, NV.

Robert J. Fisher’s passion for healthcare traces back to his high school days of shadowing doctors. His passion evolved in college to study as a pre-med major. The last major evolution of Robert’s interest in health care was the transition to an interest in health care law. With this education, a business attorney for a father, and a renowned orthopedic surgeon for a father-in-law, Robert has the pedigree for success as a business and health care attorney at ByrdAdatto.

Tags:  ByrdAdatto  Med Spa Law 

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Keep The Holidays Happy with Legally Compliant Med Spa Events

Posted By Administration, Thursday, November 29, 2018
Updated: Thursday, November 29, 2018

By Alex R. Thiersch, CEO  of the American Med Spa Association (AmSpa)

Many medical spas and medical aesthetic facilities thank their loyal customers and VIPs with events or parties during the holiday season, where people can undergo treatments while enjoying refreshments with friends and employees. However, despite the frivolity, medical spa owners and operators need to take care to observe all the rules and regulations that they would in the normal course of business. In fact, in a party setting, this might prove to be something of a challenge.

Principle among these concerns is patient privacy. In a party setting, it might seem like no big deal for operators and attendees to take pictures and post them on social media; in fact, it’s the sort of behavior that a traditional retail outlet might encourage, since it shows customers having fun in an exciting setting. However, if photos of a party your medical spa is hosting are posted without a patient’s consent, it is a violation of HIPAA and likely other state regulations related to patient privacy, since you are tacitly admitting that these are your patients. Make sure that anyone appearing in photos you want to post from the party has consented to you using his or her likeness in this fashion; this typically can be accomplished with a disclaimer on the invite, although you should check with your healthcare attorney to make sure that this covers you completely.

Also, regardless of where the party takes place—it’s common for patients to host Botox parties, for example—you must observe the same procedures and protocols that you would in the course of your everyday business. In most states, the law requires that a physician must conduct a face-to-face consultation with each patient who seeks to undergo a medical procedure, and regardless of whether you’re administering these treatments at a party or during normal business hours, they are medical in nature and subject to the rules and regulations that govern medical procedures in your state. (AmSpa members can check the legal summary of medical aesthetic laws in their state.) So by the letter of the law, a physician or licensed practitioner (such as a nurse practitioner or physician assistant) must take a history, conduct a physical and administer an examination to each patient.

After a successful consultation, the patient’s treatment can commence, and while that treatment does not necessarily need to be conducted by a physician or licensed professional, you must make sure that proper supervision is provided. Provided the procedure falls within their scopes of practice, non-licensed professionals—such as laser technicians—may perform the actual treatments in lieu of a physician. However, a licensed professional must be available during the treatment, should the non-licensed professional require his or her assistance.

It is a good idea to make sure that a physician or another licensed professional is always on-site while medical procedures are being performed. Most medical spa treatments have very little risk of complications or negative outcomes, but if one should occur at one of these parties, the presence of a licensed professional will help protect the business against charges of impropriety.

This might seem like a lot of trouble to go to for a party, but the last thing in the world you want is for your state board of health to leave a citation in your stocking. Make sure all your legal bases are covered, and have a happy holiday season!

Tags:  Med Spa Law 

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