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Arkansas Summary of State Laws & Regulations
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Can a nurse, esthetician, physician assistant (PA) or nurse practitioner (NP) own a med spa by employing a medical director?

Under the Arkansas Medical Corporation Act, one or more persons licensed under the Act may associate to form a medical corporation. A typical scenario of illegal med spa ownership occurs when

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Can a nurse, esthetician, PA or NP take a commission for administering laser treatments or injectables like Botox?

The medical corporation (or physician) can pay its employees, like nurses and estheticians,

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

A "proper practitioner-patient relationship” must be created before the issuance of a prescription or treatment is performed or delegated. The State of Arkansas requires

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What about physician assistants and nurse practitioners – can they see new patients or must it always be a physician?

Physician assistants (PAs) and nurse practitioners (NPs) or other advanced practice nurses have a higher level of training. PAs and NPs can perform

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Can physicians delegate medical tasks and duties to non-physicians?

Under the Arkansas Medical Practices Act, physicians

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Does a physician have to be present at the med spa at all times?

First, Arkansas guidelines require that the physician be

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Who can perform laser treatments?

Pursuant to the Arkansas State Board of Medicine, the use of medical lasers, for therapeutic or cosmetic purposes, constitutes the practice of medicine and can only be performed by

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Can estheticians perform laser treatments?

Pursuant to the Medical Practices Act, Ark. Code Ann. §17-95-202, the use of medical lasers on human beings, for therapeutic or cosmetic purposes, constitutes the practice of medicine. As explained above, the Arkansas Medical Practices Act does permit

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Botox and other injectable fillers: Who can inject?

Injections of any kind are considered the practice of medicine and therefore must be performed by

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Can a dentist own a medical spa?

In Arkansas, only a licensed

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Can a dentist serve as a medical director at a medical spa?

In Arkansas, the medical director of a medical spa must be a licensed

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Can dentists inject Botox?

It depends. In Arkansas a licensed dentist may administer Botox and other injectable fillers to

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Can dentists perform laser treatments?

Again, it depends. In Arkansas, the use of lasers for cosmetic or medical procedures (i.e. laser hair removal and laser skin rejuvenation) is considered to be the practice of medicine

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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 contained on this site is for general reference only. 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.

Summary updated January 2015

LEGAL SPOTLIGHT
The American Med Spa Association (AmSpa) is powered by ByrdAdatto, the leading law firm in the medical aesthetics industry. The law firm of ByrdAdatto was formed for one simple reason: to help business and health care professionals navigate the complicated maze of business and health care legal issues that come with owning a successful business. You take care of business. We take care of you. For more information, please call 888-827-8860 or email legal@americanmedspa.org.
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