Legal Resources

Medical Spa Laws State by State

AmSpa’s legal summaries allow you to quickly reference the laws governing medical spas in your state.

  • Who can own a med spa?
  • Who can inject fillers?
  • Who can fire a laser?
  • Are Botox parties legal?

103

Legal Questions Answered

50

States Covered

Treatment Delegation Tables

AmSpa Plus members can access their state’s Treatment Delegation Table, covering who can do what across 21 procedures and six professional titles: Nurse Practitioner, PA, RN, LVN/LPN, Aesthetician, and Laser Tech.

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All AmSpa members receive one free 20-minute compliance consultation per year with the law firm ByrdAdatto to help guide you with your aesthetic business.

Continuously Updated

Medical spa legalities and regulations change frequently. Our legal summaries are maintained by the team at ByrdAdatto Law Firm and updated as new legislation and guidance emerge.

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Become a Plus member to see answers for your state to all 103 medical aesthetic legal questions, plus the Treatment Delegation Table.

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Full Question Directory

Get Answers to These Questions with Your Membership

Questions marked Plus Exclusive are available with AmSpa Plus membership.

Med Spa Ownership and Structure

What is a med spa and what is considered “the practice of medicine”?

What procedures are considered the practice of medicine?

PLUS

What is the corporate practice of medicine?

Who can own a medical spa?

What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?

Can a chiropractor or dentist serve as a medical director?

In a medical spa, what decisions have to be made by a doctor?

PLUS

In a medical spa, who can make hiring and firing decisions?

PLUS

Can anyone other than a licensed physician use the initials M.D.?

PLUS

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

PLUS

Can a nurse, physician assistant, or nurse practitioner take a commission for administering a medical treatment?

Med Spa Providers

What type of physician oversight is required for a medical spa?

Can a nurse practitioner independently own and operate a medical spa?

Can a physician assistant independently own and operate a medical spa?

What are the supervision requirements for nurse practitioners?

PLUS

What are the supervision requirements for physician assistants?

PLUS

What are the supervision requirements for registered nurses?

PLUS

Can an aesthetician perform medical spa treatments?

What treatments can a medical assistant perform in a medical spa?

PLUS

Does a supervising physician need to be on site?

What is the good faith exam, and who must perform it?

Can telemedicine be used for the good faith exam?

PLUS

Med Spa Treatments

Who can inject dermal fillers?

Who can inject neuromodulators (Botox, Dysport, Xeomin)?

Who can perform laser hair removal?

Who can perform laser skin resurfacing?

PLUS

Who can perform intense pulsed light (IPL) treatments?

PLUS

Who can perform microneedling?

Who can perform chemical peels?

PLUS

Who can administer IV therapy?

Who can perform body contouring treatments?

PLUS

Who can perform PRP/PRF treatments?

PLUS

Who can perform thread lift procedures?

PLUS

Who can prescribe and administer semaglutide/GLP-1 medications?

PLUS

Med Spa Business Operations

What business entity should I use for my medical spa?

Does a medical spa need a facility license?

What insurance does a medical spa need?

What HIPAA requirements apply to medical spas?

PLUS

What OSHA requirements apply to medical spas?

PLUS

What are the rules around management services organizations (MSOs)?

Can a medical spa accept tips?

What are the informed consent requirements?

PLUS

Are there fee-splitting restrictions that apply to medical spas?

PLUS

Marketing Your Med Spa

What medical advertising restrictions apply to medical spas?

Can a medical spa use testimonials in advertising?

Can a medical spa offer discounts, referral programs, or Groupon deals?

PLUS

Are there restrictions on before-and-after photo usage?

PLUS

Can a medical spa use social media influencers?

PLUS

What are the rules for responding to online patient reviews?

PLUS

Treatment Delegation Tables

Access your state’s Treatment Delegation Table showing who can perform 21 med spa treatments across six professional titles.

PLUS
Professional Titles Covered

Disclaimer: 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. They are a list of commonly asked questions researched and prepared for easy use by a team of skilled lawyers at ByrdAdatto Law Firm.