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Massachusetts Summary of State Laws & Regulations
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Who can own a medical spa?

If medical treatment is provided at the medical spa (i.e.Botox, other injections or laser treatments), the medical spa must be licensed as a clinic unless the medical spa is wholly owned and controlled by a physician or physicians who actually work in the medical spa on a daily basis. Although Massachusetts abides by the corporate practice of medicine doctrine which requires

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Can a nurse, esthetician, physician assistant or nurse practitioner own a med spa by employing a medical director?

If medical treatment is provided at the medical spa (i.e.Botox, other injections or laser treatments), the medical spa must be licensed as a clinic unless the medical spa is wholly owned and controlled by a physician or physicians who actually work in the medical spa on a daily basis. Although Massachusetts abides by the corporate practice of medicine doctrine which requires

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Can a nurse, esthetician, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?

There is no express prohibition on a

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

While Massachusetts policy indicates that the administration of Botox (or other similar injections), or any medical treatment, presupposes that a

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

Massachusetts policy indicates that the administration of Botox (or other similar injections), or any medical treatment, presupposes that a

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

Yes. The law is clear that physicians

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

It depends. In Massachusetts, the giving of Botox and other injections and the use of lasers are considered medical procedures. If the foregoing types of services are offered at the medical spa, the medical spa must

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Who can perform laser treatments?

Informally, the Department of Public Health has indicated that the use of lasers is considered

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Can estheticians perform laser treatments?

Informally, the Department of Public Health has indicated that the use of lasers is considered

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Botox and other injectable fillers: Who can inject?

Current Massachusetts policy indicates that the administration of Botox (or other similar injections), or any medical treatment, presupposes that a

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Are Med Spas Subject to Licensure by the Department of Public Health as Clinics? (105 CMR 140.000)

Massachusetts convened a Medical Spa Task Force in

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Regulation by Other Agencies

The Board of Registration in Medicine regulates

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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 June 2014

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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