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    A complete guide to California med spa licensing laws

    The med spa industry is booming in California – and with good reason. 

    More and more people are seeking minimally-invasive treatments that help them look and feel their best, without the need for traditional surgery. But as exciting as this growth is, it also brings many complicated rules and regulations. 

    We get it – navigating California’s licensing laws for med spas can feel like decoding a legal thriller that’s full of confusing plot twists🕵️‍♀️

    But here’s the thing: adhering to these laws is crucial for staying on the right side of the law and building trust with your clients. 

    So, if you’re just getting started, we’re here to explain everything in a way that makes sense and helps you avoid some of the common pitfalls.

    What license do you need to open a medical spa in California?

    If you’re thinking about opening a medical spa under California law, here’s the big rule you need to know. Only licensed physicians – Medical Directors (MDs) or Doctors of Osteopathic Medicine (DOs) – are allowed to own or have a financial interest in a med spa. 

    California follows the corporate practice of medicine doctrine, meaning non-physicians can’t own medical practices or have any influence over medical decisions.

    This keeps practices focused on patient care, not business interests. 

    So, what does that mean for you? 

    If you’re not a licensed physician, you can’t own or control the medical side of a med spa, including overseeing any medical treatments like Botox, laser treatments, or anything else that requires a medical license.

    However, you can still play a major role by owning or managing the non-medical side of the business, managing finances and recruitment of staff, or overseeing the customer experience. 

    💡Who can open a med spa in California

    • MD or DO (physician): They can fully own and operate the med spa, overseeing both medical and non-medical services.
    • Physician + Non-physician partner: The physician controls medical services, while the non-physician handles non-medical aspects like business operations, finances, hiring, and ensuring compliance.
    • Investors: They can open or provide funding for a med spa, but they cannot control or influence medical procedures or decisions.

    Can a med spa be an LLC in California?

    You’ve probably heard of LLCs (Limited Liability Companies). They’re a popular business structure because they offer flexibility and liability protection. 

    It’s a type of business that helps protect the owners’ personal assets from being used to pay off business debts. It also gives business owners more freedom in:

    • How they run their company (solo or with a partner)
    • How they’re taxed (as a business or personally)

    However, medical spas in California can’t operate a med spa as an LLC.

    An LLC is great for non-medical businesses, but when you’re dealing with healthcare, it doesn’t comply with California law. California law states that LLCs and general corporations cannot provide medical services.

    Instead, you must establish your business as a Professional Corporation (PC):

    • Professional Corporation (PC): Under the corporate practice of medicine doctrine, a PC ensures the business complies with the rules around medical practice ownership and gives the required protections to both the owners and patients. 
    • Ownership and control: As a PC, licensed physicians must control the business. Non-physicians can still be involved in the business, but they can’t have control over the medical services.

    Licensing requirements and laws for med spas in California

    Now that we’ve covered the basics of starting your med spa in California, let’s explore the specific licensing and legal requirements that you’ll need to consider as you start operating.

    1. Medical Director requirement

    To run a med spa in California, you’ll need a licensed physician to serve as the medical director. 

    This is a non-negotiable requirement because the MD must oversee all medical procedures performed at the spa, including any treatments requiring a medical license, like injectables, laser treatments, or IV vitamin infusions. 

    The medical director’s role is to ensure that these procedures are carried out safely, ethically, and in compliance with state laws. 

    They must also create and update medical protocols, supervise staff, and ensure that the treatments offered meet all legal standards.

    2. Registered with the medical board

    In California, medical spas that offer medical services are required to register with the California Medical Board.

    This registration is crucial because it legitimizes your business and allows you to legally offer medical treatments. 

    Registration involves submitting certain documentation, such as proof of ownership and the credentials of your MD, to ensure everything is above board. 

    If you fail to register your med spa with the Medical Board, you could face penalties, including fines or even the loss of your ability to operate.

    3. Licensing for non-medical services

    As we’ve outlined, the medical side of your med spa is tightly regulated.

    However, non-medical services such as facials, waxing, and basic skincare treatments must also meet certain regulations and standards. 

    They may not require a medical professional to administer them, but they fall under the standards set by the California Board of Barbering and Cosmetology

    For example, estheticians, cosmetologists, and aestheticians must hold the appropriate licenses to perform these services legally. 

    So, even if you’re offering non-medical services at your med spa, make sure your team holds the right licenses for these roles.

    4. Staff licensing and certification

    All staff members performing medical procedures in a med spa must hold the proper licenses and certifications, including:

    • Nurse practitioners (NPs)
    • Physician assistants (PAs)
    • Registered nurses (RNs)
    • Any other healthcare professional

    These staff members must have specific qualifications and training to perform medical treatments safely and competently.

    For example, if you’re offering Botox injectables, the person administering the treatment must be licensed and trained to do so. 

    Plus, NPs and PAs must be licensed by the California Board of Registered Nursing (BRN) or the Physician Assistant Board and have the appropriate certifications for aesthetic procedures. 

    RNs must also be licensed by the California Board of Registered Nursing and, depending on their duties, may need additional certifications or training in specific treatments like laser therapy or injectables. 

    These requirements are in place to maintain patient safety and legal compliance by employing only qualified professionals.

    5. HIPAA compliance

    Med spas must also adhere to HIPAA (Health Insurance Portability and Accountability Act) standards to protect patient privacy. 

    Your spa must have strict policies for handing patient medical records, ensuring confidentiality, and safeguarding personal health information (PHI). 

    Failure to comply with HIPAA can result in significant fines and legal consequences, let alone reputational damage to your business.

    It’s crucial to establish and maintain compliant procedures, including secure storage of medical records and training staff on patient privacy protocols.

    6. Insurance and liability coverage

    Running a med spa means being exposed to certain risks, including potential medical malpractice claims or accidents that could occur during a procedure. 

    That’s why it’s critical to have the right insurance and liability coverage in place. At a minimum, you’ll need medical malpractice insurance, which will protect your MD and staff in the event of an error or dispute over medical treatments. 

    It also helps to consider general liability insurance to cover non-medical incidents, such as slip-and-falls, property damage, or other accidents. 

    The right insurance protects your business and your team, allowing you to focus on providing excellent care for your clients.

    Who can perform med spa procedures?

    It’s important to understand your staff’s different roles and qualifications, because not every member of staff can administer every treatment, even if they have extensive experience in the field.

    Nurse practitioners (NPs)

    Nurse practitioners are licensed healthcare professionals who can perform various medical procedures in a med spa, especially those involving injectables, laser treatments, and other aesthetic services.

    In California, NPs can operate either under the supervision of a physician or, in some cases, independently, depending on state regulations and their scope of practice.

    They’re trained to assess patients, diagnose conditions, and perform medical treatments, making them a key part of your med spa team.

    Even though NPs have a lot of autonomy, they still need a supervising physician for certain high-risk or complex procedures.

    Physician assistants (PAs)

    Physician assistants are another essential part of your med spa team. 

    PAs can perform many of the same procedures as NPs, like injectables and laser treatments. Still, they always need to work under the direction and supervision of a licensed physician. 

    Think of them as your right-hand healthcare professionals who can help with consultations, treatments, and follow-up care. 

    They’re highly trained and can handle much of the heavy lifting regarding patient care. Still, they cannot make independent medical decisions because everything they do needs to align with the physician’s guidance.

    Registered nurses (RNs)

    Registered nurses are often the backbone of med spa operations, performing medical procedures such as injectable treatments, chemical peels, and laser therapy. 

    RNs must work under the supervision of a licensed physician or another advanced practitioner like a nurse practitioner. 

    So, while they’re fully licensed and capable of performing a wide range of treatments, their level of independence depends on the physician’s oversight. Just like NPs and PAs, RNs must be trained in the specific procedures they’re performing to ensure safety and compliance.

    Aestheticians and cosmetologists (non-medical only)

    Aestheticians and cosmetologists bring a lot of value to the med spa environment and mean you can broaden the range of services you offer.

    However, their role is limited to administering non-medical procedures, such as facials, waxing, body scrubs, and skincare treatments.

    Because of this, aestheticians and cosmetologists must be highly trained in beauty and skincare treatments, but they can’t perform medical procedures like Botox, laser hair removal, medical-grade body contouring, etc.

    Supervision requirements

    One of the most important things to keep in mind when determining who can perform procedures in our med spa is supervision.

    In many cases, the physician must be either physically present or easily available during treatments. 

    While physicians can delegate certain tasks to NPs, PAs, and RNs, they’re ultimately responsible for setting the treatment protocols, providing oversight, and ensuring the staff is properly trained and following all safety standards.

    Operate your med spa efficiently and boost revenue with Pabau

    Running a med spa is no small feat. As we’ve covered, there are a LOT of moving parts – from licensing to staff training to supervision and patient privacy.

    With the right systems, you can streamline operations, stay compliant, and focus on what matters most – delivering high quality care to your clients. 

    This is where tools like Pabau comes in. Pabau is an all-in-one practice management software purpose designed for med spas. It helps med spas like yours streamline, simplify, and save hours of time on manual tasks.

    • Digital client records: Securely access your records from anywhere
    • Easy appointment management: Take bookings 24/7 
    • POS system: Handle your finances with our integrated POS
    • Built-in marketing suite: No need for third-party tools
    • HIPAA compliance: Supports you in staying compliant 
    • Robust reporting tools: Get more insights into your business 

    …and more. Book a demo today to see how Pabau can work for and with you!

    What you should do now

    1. Schedule a Demo to see how Pabau can help your team.
    2. Read more clinic management articles in our blog.
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