NY Regulations for Medical Spas

There is significant variability when it comes to regulations pertaining to medical spas.  This regulations vary from who can own a medical spa to who can perform the treatments.  Posted below are some

of the regulations in the state of New York for a medical Spa.  This list was provided by Allyson Avila, an attorney who works with Face Training Centers.

 

The New York medical spa legal summary breaks down the laws governing non-invasive medical aesthetics in the state.

Who can own a med spa?

Spas can be owned by anyone.  However, if you wish to perform medical treatments such as Botox and fillers, the procedures must be performed by a medical professional and paid directly to the medical professional.  We can help you device a business arrangement that can accomplish this business venture.

Who can inject Botox and fillers?

Botox and fillers are considered the practice of medicine.  Only a medical professional, such as an MD, PA, NP or RN can perform these procedures. Please keep in mind that an RN can only perform the procedure after it has been delegated by an MD, PA or NP.

Who can fire a laser?

In New York State, any medical professional can fire a laser.  An aesthetician can fire a laser only for the purpose of hair removal.

Are Botox parties legal?

There are no specific guidelines prohibiting botox parties.  However, it is of paramount importance to make sure that the conditions are sanitary and sharps are disposed of properly.

Does a Medical Spa need a permit to operate?

New York State requires all business that offer appearance enhancement procedures to have an appearance enhancement license.  This license is required for any facility offering services performed by an aesthetician.  If a medical practice is offering cosmetic procedures by medical professionals, an appearance enhancement license is not needed.

Can I offer an incentive to patients for a referral?

Offering a discount to a patient for referrals is prohibited in New York State.  For detailed information on how a discount may be offered, please contact us.

What type of records are medical spas required to keep of their patients?

New York State requires that all patient records are kept for 7 years.  Charting and documentation of all patient encounters is a key to safe practice.

Do I need to obtain an informed consent for botox and filler?

Yes.  All medical procedures require a detailed informed consent.  A consent should be signed for every patient and every new procedure.  It is also recommended that even if a patient has previously provided a consent for a particular procedure,  a new consent should be completed each year.   Consents should be updated as new risks/benefits are learned.

Can I use my patient’s photos on social media?

You may only use a photo if you have an explicit written consent from the patient to use the photo for social media purposes.

 

For more information, Contact Allyson Avila and mention this group to get personalized attention and the best rates

ALLYSON A. AVILA   | Partner
GORDON & REES
SCULLY MANSUKHANI
500 Mamaroneck Ave., Suite 503
Harrison, NY 10528
D: 914-777-2211
aavila@grsm.com

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