California Requirements for Medi-Spas Medical Spas Offering Medical Procedures Must Be Owned by Physicians. Most shares must be owed by a California licensed doctor. In addition, no more than 49% may be owned by a health professional other than a doctor. At no time can a medical corporation be owed by a layman.
In California, corporate practice of medicine is not allowed. Only doctors can own and operate a doctor's office, corporation, or business. The doctor must own the office or be employed by the medical corporation or company (which is also owned by licensed doctors). A California medical spa may also not “rent a license” (by hiring a doctor, either a doctor, an osteopathic doctor or a naturopathic doctor) or otherwise violate the provisions of the corporate practice of medicine.
Doctors cannot simply serve as medical directors of Med Spa, but must operate the Med Spa under their medical practice and license. And non-doctors, like nurses, can't have an ownership stake in a medical business. In Texas, nurse practitioners, beauticians, and other non-doctors cannot own a medical spa, also known as a medi-spa or medical spa. However, a non-doctor can participate in the day-to-day operations of a medical spa through a Management Services Organization (MSO).
Unlike certain cosmetic facilities, such as a laser hair removal clinic, a medical spa does not require an installation license. The name of the doctor (or that of your professional medical corporation) should appear in ads about Med Spa treatments. California law states that only a doctor who is licensed or under the direct supervision of a licensed physician may perform procedures involving lasers and other intense pulsed light devices. While some nurses may perform certain acts, as a rule, no medical spa should be opened without a doctor associated with it.
It will be worth your time and money to work with a business lawyer who will guide you and help you complete your medical spa requirements in California and operate in no time. Knowing the laws and requirements of medical spas in California before taking any action can save you a lot of time and money. The consequences of violating the Doctrine of Corporate Practice of Medicine include civil liability, administrative sanctions, and even criminal sanctions. All California physicians who own and operate Med Spas should understand the risks to their medical licenses associated with this expansion of their medical practices.
In short, the doctor, their medical spa office, and the MSO they hire must comply with a complex network of rules and regulations. However, the Medical Council is concerned that the drugs are marketed as a pedicure, and consumers are led to believe that injecting, laser and rejuvenating does not require more thought than changing hair color. Physicians who own Med Spas are at risk of medical license violations and investigations as a result of these entities entering their medical practices. And violations of California Medical Board regulations and California laws by a doctor owner can mean loss of medical license, fines, criminal charges and penalties, and possible incarceration.
While a physician assistant may own minority shares in a medical spa or serve as a minority partner with a doctor or doctors, other healthcare providers, such as nurse practitioners and non-medical professionals, cannot do so. The use of the term medical spa is for advertising purposes to make the procedures look more attractive. .