Opening a med spa can be a lucrative venture, but it comes with legal risks and liabilities not present in traditional spas and salons. For your business to be successful and effectively avoid liabilities, you need a thorough understanding of healthcare regulatory compliance guidelines for these unique types of practices.
It is often beneficial to work closely with a med spa compliance lawyer throughout your new business's development and ongoing operations to ensure your compliance and set your med spa up for success long-term.
Below, learn the most critical legal risks med spas often overlook. For experienced legal guidance, contact Empower Healthcare & Legal Solutions PLLC.
Improper Delegation of Medical Procedures
In a traditional salon or spa, providers may not need specific licenses to learn new skills and begin practicing. For example, a beautician could be trained in how to perform waxes and then begin offering that service. But in a med spa, which is in fact a medical practice, only qualified providers can perform or advise on procedures like Botox, fillers, or lasers.
Medical spa legal compliance requires more than just having a medical director on staff. Instead, medical procedures must also only be delegated to licensed medical professionals and overseen by those who are legally authorized to perform these treatments.
A healthcare attorney can help you understand the legal delegation of medical tasks in your practice.
Violations of Corporate Practice of Medicine Laws
Medical spas are also at risk of violating corporate practice of medicine laws. In New York and New Jersey, and many other states, the corporate practice of medicine is prohibited, meaning that medical practices must be owned and controlled solely by licensed physicians or other professional entities.
Under med spa ownership laws in many states, non-physicians cannot own or manage medical spas or employ physicians to provide medical services to the public.
Misleading Marketing and Advertising
Another legal risk that med spas often overlook is how they present their services in marketing and advertising materials. Med spas often unknowingly violate compliance laws by making unverified claims or promising results that are not guaranteed. Even showing before-and-after photos from procedures without explanation or evidence can violate compliance laws in some cases.
These practices are often problematic because they can downplay the possibility of complications or mislead clients into thinking they will achieve certain results that may not be feasible. Having a med spa compliance lawyer review any new marketing materials or promotions is a good idea if you want to avoid violating advertising laws.
Noncompliance With HIPAA Regulations
Med spas often store patient health information electronically. These businesses are considered covered entities under HIPAA, and they must take extra steps to safeguard patients' protected health information (PHI).
Ensure that any CRM or EHR systems you use to manage patient data are HIPAA compliant and train all staff members on how to protect PHI under these guidelines. Always seek explicit consent from clients before using their names, photos, or any other identifying information in promotional materials.
Failure To Obtain Informed Consent
The public often views medical spa treatments as similar to other types of spa therapies, failing to consider that these treatments are invasive medical procedures with side effects and potential complications. Your med spa needs to be transparent about the risks involved in these procedures and obtain informed consent from all clients before proceeding.
Discuss the potential side effects of each procedure, any reasonable alternatives the client can consider, and what the client should expect during and after the treatment. Your med spa compliance lawyer can help you draft a consent form that is legally effective and properly prepares clients for adverse outcomes.
Medical Malpractice and Negligence Claims
Med spa practitioners are at risk of malpractice claims just like any other type of medical provider. They must protect patient safety and meet the standard of care expected of them.
Med spa procedures can have a range of side effects and must be performed according to specific protocols. Making one small error can lead to serious consequences that give rise to malpractice or negligence claims.
Seek Medical Practice Regulatory Guidance From Attorney Susan Frankel
These legal risks do not need to deter you from opening a medical spa and providing medical aesthetics services. However, they should encourage you to work with a med spa compliance lawyer throughout your operations.
At Empower Healthcare & Legal Solutions PLLC, I have specific experience providing legal guidance for medical spa owners. Whether you need help with healthcare business structuring, practice ownership transactions, healthcare contract review, or liability mitigation, request a consultation today.