Who can own a medical spa?
Under the Illinois Medical Corporation Act, a medical spa, or any entity that provides medical treatment, must be owned and operated
Can a nurse, esthetician, Physician Assistant (PA) or Nurse Practitioner (NP) own a med spa by employing a medical director?
A typical scenario of illegal med spa ownership occurs when
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,
Does a physician have to examine every new patient before the patient is treated?
Yes. A "physician-patient” relationship must be created before any treatment is performed or delegated. The State of Illinois’ takes the position that this necessarily requires a face to face consult. Once that occurs, the physician can treat the patient or delegate per the conditions listed above. The exception to this rule
What about Physician Assistants and Nurse Practitioners – can they see new patients or must it always be a physician?
Physician Assistants (PA’s) and Nurse Practitioners (NP’s) or other Advanced Practice Nurses have a higher level of training.
Can physicians delegate medical tasks and duties to non-physicians?
Under the Illinois Medical Practice Act, in an office or practice setting and within the physician-patient relationship, physicians
Does a physician have to be present at the med spa at all times?
First, Illinois guidelines require that the physician be "on-site” to supervise the treatment or
Who can perform laser treatments?
Use of lasers for cosmetic or medical procedures that disrupt the epidermal surface of the skin is considered to be the practice of medicine and can only be performed by
Can Estheticians Perform Laser Treatments?
While estheticians are prohibited under state law from performing any procedure "intended to affect living layers of skin,” such as
Botox and other Injectable Fillers: Who can inject?
Injections of any kind are considered the practice of medicine and therefore must be performed by
Can a dentist own a medical spa?
In Illinois, only a licensed physician may own a medical spa. Under the Illinois Medical Corporation Act,
Can a dentist serve as a medical director at a medical spa?
In Illinois, the medical director of a medical spa must be
Can dentists inject Botox?
It depends. In Illinois, A licensed dentist may administer Botox or other injectables to limited areas around the mouth;
Can dentists perform laser treatments?
Again, it depends. In Illinois, the use of lasers for cosmetic or medical procedures that disrupt the epidermal surface of the skin (i.e. laser hair removal and laser skin rejuvenation) is considered
*Please note that the laws of every state are different. Only a qualified local health attorney can advise on the laws of your particular state. If you do not know an attorney, please contact the American Med Spa Association (AmSpa) for assistance (312.981.0993 or firstname.lastname@example.org).
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 June 2014