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

Many states prohibit persons other than licensed physicians from owning businesses that provide professional medical services,

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

See above.

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

Medical professionals in Ohio may only be compensated under a contract or via an employment arrangement for personally performed services. Such contracts could include paying

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

Ohio defines the practice of medicine, in part, as examining or diagnosing a patient, or prescribing, advising, recommending or dispensing treatment of any kind, for direct or indirect compensation. Therefore,

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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 Advance Practice Nurses (APNs) are medical professionals with advanced medical training. Under certain circumstances, Ohio law

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

In Ohio, a physician may delegate the performance of a medical task to licensed

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

Physicians are not legally required to be on site at the med spa to supervise medical procedures at all times, but whether a physician’s presence is required depends on

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Who can perform laser treatments?

The application of light-based medical devices constitutes the practice of medicine under Ohio law, and generally may only be performed by

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Can estheticians perform laser treatments?

Estheticians

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Botox and other injectable fillers: Who can inject?

Administering cosmetic/aesthetic injectable medications constitutes the practice of medicine and is within the scope of practice of a licensed physician,

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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

ATTORNEY SPOTLIGHT
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STATE RESOURCE LINKS

State Medical Board of Ohio

Ohio Department of Health

Ohio Board of Nursing

State Medical Board of Ohio, Statement on Corporate Practice of Medicine

Ohio Admin. Code Chapter 4731-23

Ohio Revised Code Section 4731.22(B)(17)

Ohio Revised Code Section 4730.09

Ohio Admin. Code Chapter 4730

Ohio Admin. Code Chapter 4723-8

Ohio Admin. Code Chapter 4731-18-02

Ohio Association of Advanced Practice Nurses

Ohio Admin. Code Chapter 4731-18-04

Ohio Board of Nursing, Interpretive Guideline, The Licensed Nurse's Role in the Care of Patients Receiving Intramuscular, Subdermal, or Subcutaneously Injected Medications for Cosmetic/Aesthetic Treatment (July 18, 2008)

State Medical Board of Ohio Board Minutes (April 13, 2011)

Physician Assistant Formulary

Ohio State Dental Board Policy Regarding the Use of Restalyn, Botox and Other Dermal Fillers by Licensed Dentists (November 7, 2007)

Ohio Revised Code 4715.01

The Use of Light-based Medical Devices, Momentum magazine, Winter 2008

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