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Illinois Summary of State Laws & Regulations
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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

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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

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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?

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

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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 (PA’s) and Nurse Practitioners (NP’s) or other Advanced Practice Nurses have a higher level of training.

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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

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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

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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

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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

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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 Illinois, only a licensed physician may own a medical spa. Under the Illinois Medical Corporation Act,

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

In Illinois, the medical director of a medical spa must be

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Can dentists inject Botox?

It depends. In Illinois, A licensed dentist may administer Botox or other injectables to limited areas around the mouth;

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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

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*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 info@americanmedspa.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

ATTORNEY SPOTLIGHT
Alex ThierschAlex R. Thiersch has created a unique niche representing Medical Spas in their formation, licensing and compliance with Illinois and Federal laws. He counsels med spa entrepreneurs in establishing their new business ventures guiding them through complex legal obstacles that arise in the business formation process. For more information click here.
Renee CooverRenee Elise Coover, an associate with the firm, specializes in employment law and medical spa representation. Mrs. Coover represents clients in all aspects of employment law in both federal and state court, concentrating in the areas of employment discrimination, sexual harassment, breach of contract, business formation, and employment agreements. For more information, click here.
O'Hagan LLC
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