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Legal Summary Questions

Medical Aesthetic Legal Questions

AmSpa Plus Exclusive Legal Questions
  • What type of entity may own a medical spa?
  • What is the corporate practice of medicine?
  • What is a Management Service Organization (MSO)?
  • In a medical spa, who can make hiring and firing decisions?
  • In a medical spa, what decisions have to be made by a doctor?
  • Can medical spas sell retail products i.e. skin creams?
  • Do medical spas have to charge sales tax on retail products?
  • Who can legally fire a laser in my state?
    1. What are laser technicians and can they operate lasers under proper supervision?
  • What is an advanced practice registered nurse (APRN) OR NP? What is an advanced practice registered nurse’s scope of practice?
  • What is a physician assistant?
    1. What is the scope of practice of a physician assistant in a med spa?
    2. Do physicians have to be physically present when a PA is performing services in a medical spa?
    3. Are there special written requirements for any orders or patient charts for physician assistants?
    4. Can a PA perform cosmetic procedures such as operate lasers, inject Botox, and perform micro dermabrasion?
  • Can a PA hand pre-packaged medication to patients?
  • Can an aesthetician, cosmetologist, electrologist or vocational nurses use lasers or intense light devices?
  • Who can perform microdermabrasion?
  • Can anyone other than a licensed physician use the initials M.D.?
  • Can a medical spa practice under a fictitious name or a "dba"?
    1. Which agency is responsible for fictitious name permits?
    2. What are some of the requirements to receive a fictitious name permit?
    3. Once the medical board grants the fictitious name permit, must the physician also file for a fictitious name with their local county and city agencies?
  • What type of records are medical spas required to keep of their patients?
    1. How long must a medical spa retain medical records?
    2. Must a medical spa provide a copy of a patient’s medical records if requested by the patient?
    3. Does a patient have a right to access their medical information?
  • Can a physician use a picture album containing patient photos?
  • May a physician leave a message on a patient’s answering machine? Verify an appointment with a family member or spouse?
  • May a med spa use a sign in sheet, or call out names of patients in the waiting room?
  • Can a medical spa require patients to sign an arbitration agreement as a condition for providing medical care?
  • What is OSHA and does it apply to medical spas?
    1. What are some of the key responsibilities under OSHA for med spas?
    2. What’s the most frequently cited OSHA violation in medical spas?
    3. Are lasers subject to OSHA requirements?
  • What are some of the safety measures that apply when handling needles/sharps?
  • What are the common employer defenses to an allegation of a workplace violation?
  • How often must a medical spa review and update their exposure control plan?
  • What is HIPAA?
    1. What is the HITECH Act?
    2. Who is a “covered entity” under HIPAA?
    3. What administrative requirements are provided in the HIPAA Security and Privacy Rules?
    4. Should a medical spa provide patients with a notice that includes how their health information will be used, and of the patient’s rights regarding their health information?
    5. What are the requirements to distribute a Notice of Privacy Practices to patients?
    6. Must a med spa make efforts to limit the use or disclosure of a patient’s PHI?
  • What is a DEA Registration Number?
    1. Are separate DEA registration numbers required for separate locations owned by the same physician?
AmSpa Basic Questions (Included in the Plus Summary)
  • Which procedures at medical spas constitute medical treatment?
  • Who can own a medical spa?
  • Can a non-physician own all or part of a medical spa?
  • What is the corporate practice of medicine?
  • If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?
  • If I'm not a doctor, can I share in the profits of a medical spa?
  • What is a Management Service Organization (MSO)?
  • If I’m not a doctor or a licensed practitioner, how can I make money from a medical spa?
  • What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?
  • I’ve heard that providing gift cards or reward programs in exchange for referrals is a “kickback.” Is this true? What are kickbacks?
    1. What are the anti-kickback statutes?
    2. What are some examples of prohibited kickbacks and referral arrangements?
    3. How do I properly incentivize my staff and patients to bring my med spa more business without engaging in kickbacks?
  • Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?
  • Can a medical spa pay a person or entity to market the practice’s services?
  • Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?
  • Can medical spas sell retail products i.e. skin creams?
  • Can staff take commissions on non-medical retail products?
  • Do medical spas have to charge sales tax on retail products?
  • Do I need to charge sales tax on procedures like Botox?
  • Are Botox parties legal?
  • Who can legally fire a laser in my state?
    1. What are laser technicians and can they operate lasers under proper supervision?
  • Who can legally inject Botox in my state?
  • Does a physician need to be on site during laser and intense pulse light (IPL) devices?
  • What is a medical assistant? What role do they play in a medical spa?
    1. Should a medical assistant be licensed to practice in my state?
    2. What is the legal scope of medical assistants in my state?
    3. Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a name tag?
    4. May medical assistants perform any procedure in a medical spa so long as they are properly supervised?
    5. Are medical assistants allowed to pierce the skin?
    6. Are medical assistants allowed to administer Botox or inject collagen?
    7. Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?
  • What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?
    1. Can a registered nurse use a laser or intense pulse light device in a medical spa?
  • What is a nurse practitioner? What is a nurse practitioner’s scope of practice?
    1. Does a physician have to be physically present while a nurse practitioner is performing services in a medical spa?
  • Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?
  • Does a physician have to examine every new patient before the patient is treated at a med spa?
  • What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it?
  • Does a medical spa need to obtain a license to operate?
  • Can a medical spa advertise its professional services?
    1. How should a medical practice advertise its prices?
    2. Can a medical spa include testimonials and endorsements by actual patients or models in its advertising?
    3. Does a physician have to use his or her name in advertisements?
  • Can anyone other than a licensed physician use the initials M.D.?
  • Can a medical spa practice under a fictitious name or a "dba"?
  • Can a medical spa offer discounts through Groupon or other similar social networking websites?
  • What type of records are medical spas required to keep of their patients?
  • When is a physician-patient relationship needed? How is it established? Is a physician-patient relationship established by a consultation?
  • Can a physician use a picture album containing patient photos?
  • What is informed consent?
    1. Do all medical procedures require informed consent?
    2. What information must a physician disclose to satisfy informed consent?
  • May a med spa use a sign in sheet, or call out names of patients in the waiting- room?
  • Can a med spa text or email patients to convey confidential medical information?
  • Can a medical spa require patients to sign an arbitration agreement as a condition for providing medical care?
  • 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?
  • What is OSHA and does it apply to medical spas?
  • What are the common employer defenses to an allegation of a workplace violation?
  • What is HIPAA?
  • I don’t accept insurance so am I still subject to HIPAA requirements?
  • Does Oklahoma have its own version of HIPAA? How does it differ?
  • What is a DEA Registration Number?
  • What is the FDA and what do they do?
  • Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia?
  • Can a chiropractor or dentist serve as a medical director?
  • Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?

Don't See Your Question Above?

Along with the state legal summary, AmSpa members receive one free consultation with the ByrdAdatto law firm. During your consultation, an attorney can help to diagnose any legal compliance issues you may be facing and potentially address some more specific questions depending on their complexity. Click here to learn more about the ByrdAdatto law firm.

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