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Nurses. AKA the rockstars of patient care and the ultimate med spa MVPs.
They’re the heart and soul of every patient experience, making patients feel at ease and taken care of by balancing medical know-how with compassion.
So, it’s no surprise that many of them dream of branching out and opening their own med spa. Who wouldn’t want to swap long shifts for a chic space where they call the shots and build a business they’ve always been passionate about?
But for nurse practitioners (NPs) dreaming of opening a med spa in California, the process isn’t as simple as finding a premises and opening your doors. There are A LOT of rules to navigate.
This is a great read for aspiring nurse entrepreneurs who’re considering to open a medical spa in the Golden State.
Let’s get into it!
Can a nurse own a med spa in California?
In short, the answer is no. A registered nurse (RN) cannot open a California med spa alone.
This is because, under California law, a medical spa is considered a medical practice, and California prohibits the corporate practice of medicine (CPOM). Also, California laws allow only licensed physicians to open and operate a medical practice.
However, this doesn’t mean all hope is lost for nurses who want to open med spas.
Who can open and own a med spa in California?
Now that we’ve cleared up the biggest confusion about whether nurses can open a medical spa in California, we can determine who can open one.
Licensed physicians
Californian laws are clear: Only state-licensed physicians or practice groups can own and operate a medical spa.
Also, licensed professionals’ roles extend beyond their expertise. In addition to being physicians, they have other responsibilities to handle. Those roles must ensure compliance with healthcare law, prioritize patient safety, and maintain ethical standards.
In brief, those responsibilities are:
- Overseeing all medical procedures such as Botox injections, fillers, or laser treatments
- Ensuring the staff who work there are licensed, properly trained, and compliant with state regulations
- Ensuring the med spa complies with all healthcare regulations, including patient consent, data security, and operational standards
- Upholding high standards of care, ensuring all medical spa services are performed in hygienic conditions, with clean and sanitized equipment
- Ensuring all incidents for adverse events and deviations from standard procedures are reported
Management Services Organizations (MSOs)
MSOs exist to handle the business and operational side of a med spa, essentially separating a med spa business into two sides.
All the non-medical areas of a med spa are handled by the MSO, taking care of aspects like payroll, marketing, admin tasks, and accounting. While doing that, they also help med spas comply with state regulations such as:
What about nurse practitioners?
Currently, in California, NPs cannot own a medical spa independently.
However, things are set to change. In September 2020, a new law, Assembly Bill 890, was passed, introducing new categories of NPs. This legislation expands the scope of practice for nurses and allows them to practice independently under certain conditions without physical supervision.
👉Assembly Bill 890 went into effect in January 2023.
It means that after three years of practicing without standardized procedures in a group setting, nurse practitioners in California will be able to apply for full practice authority under the new law (Assembly Bill 890). This will allow some nurse practitioners to serve as medical directors beginning in 2026.
The conditions under which a nurse can practice are:
- Must be licensed by the California Board of Registered Nursing (BRN)
- Must hold a national certification as a nurse practitioner in their area of practice
- Must complete a transition-to-practice period – a minimum of three full-time years (or 4,600 hours) of clinical experience under physician supervision or in a collaborative setting
The law also states that after meeting these requirements, NPs can open a med spa and practice independently only in a defined setting, such as clinics, healthcare facilities, state or federal facilities, or certain group practices.
Regarding the scope of practice, they’re also allowed to diagnose and treat conditions, prescribe medications, and manage patient care within the limits of their training and certification.
California laws and regulations for opening a med spa
Opening a med spa in California, like in any US state, requires careful attention to compliance with local, state, and federal regulations. In other words, you must follow the rules to ensure things run smoothly and legally.
Here is a quick guide to your key laws and regulations.
Registering as a Professional Corporation✍️
California law dictates that medical spas register as Professional Corporations (PCs). This legal structure is specifically designed for healthcare providers, and because medical spas offer medical services, they must comply with the corporate aspect of medicine rules.
The steps to forming your med spa as a Californian Professional Corporation are:
- Filing incorporation articles: Details about your corporation’s chosen name and purpose, etc.
- Initial statement of information: It must be submitted within 90 days of incorporation and include details like the names and addresses of your corporate directors and officers. This is filed annually, and applicants must pay a $25 fee.
- Corporate governance documents
- Tax IDs, licenses, and updated regulatory filings
💡Important to note:
There are some limitations on name choice, so you must choose a business name that is distinguishable from other registered businesses.
The name of the med spa as a professional corporation must include the name or surname of one or more of the shareholders who are licensed physicians, for example, Sarah Jackson, M.D., Professional Corporation.
Medical director👨⚕️
A medical spa in California requires a medical director to oversee the medical procedures. This person must be a licensed physician with a valid medical license in the state of the spa.
In this case, in California, this person must obtain a license from the California Medical Board, and they would be responsible for monitoring and delegating the medical treatments within their scope of practice.
Licenses and permits📜
Med spa licenses are established to ensure that med spa businesses are legal and provide safe services, performed by qualified professionals. The key medical licensing requirements for all med spas across the US are:
- General business license
- Registering with the state medical board
- Getting a federal employer identification number (EIN)
- Getting a seller permit and sales tax certificate
- Fire and Health Department permits
- MSO & MSA
- Obtaining HIPAA compliance certifications
- Speciality certifications for advanced procedures
- Medical director license
- Nursing licenses
- Liability insurance
Apart from these, nurses must also obtain licenses that show they have the medical knowledge necessary to practice safely. Licensed nurses are those who have:
- Been accredited by bodies such as CCNE & ACEN
- Licensed by the California Board of Registered Nursing (BRN): Nurses must meet relevant educational requirements, pass a criminal background check, and pass the national licensing examination.
- Passed NCLEX-RN exam: To show that a nurse has the knowledge, skills, and abilities to practice nursing safely at the entry-level.
California Board of Barbering and Cosmetology💆♀️
Not all med spas offer invasive treatments only. Typically, they offer a combination of both invasive and non-invasive cosmetic procedures.
If your med spa offers facials, microdermabrasion, chemical peels, CoolSculpting, and other treatments of a similar nature, it must be registered with the California Board of Barbering and Cosmetology.
Before applying for a license there, NPs must ensure they qualify to take the State Boards examination. The required hours of training before taking the test are:
- Cosmetologist: At least 1,000 hours of training in a licensed cosmetology program.
- Esthetician: At least 600 hours of training in a licensed esthetics program.
- Electrologist: At least 600 hours of training in a licensed electrolysis program.
Also important, the Board cancels licenses that aren’t renewed for 5 years, and if you want to be licensed again, you must apply for and pass the examination again.
Insurance and liability🔖
Running a med spa without liability insurance is like working without a safety net — one mishap, and you might be in serious trouble.
Imagine having no liability insurance and a patient who files a lawsuit against you for negligence, errors, or omissions. It’s not a risk worth taking.
Considering worst-case scenarios is not fun, but being prepared can save your business from costly surprises. That’s why med spas need a liability insurance policy that protects them against damages from fire, floods, theft, and other unforeseen events.
Legal compliance⚖️
Next up is legal compliance with California’s healthcare and business regulations. This means prioritizing adherence to essentials such as:
- Patient consent: Med spas must obtain informed and signed consent before performing any medical treatment, briefly explaining the procedure, its benefits, and risks.
- Data privacy: Med spas must follow HIPAA rules by using secure systems with strong encryption, with features that ensure only authorized personnel have access to client medical records.
- Operational standards: Ensure that your facility adheres to strict hygiene protocols, including proper equipment sterilization and adherence to infection control protocols.
Effortlessly manage your med spa through Pabau✨
Opening a med spa in California is complex. That’s just a fact!
But nurses are built of stern stuff, and are more than able to handle that complexity. Plus, having the right tools can make your life much easier.
Consider using a practice management tools like Pabau to help make managing your med spa can be a breeze. It’s an all-in-one solution purpose-designed to handle all the challenges that med spas face once they open.
Pabau can help you streamline every aspect of your daily med spa operations:
🗸 Manage online bookings and appointments 24/7
🗸 Digital client record management, so you can work from anywhere
🗸 Safe and secure storing of patient data, their medical history, treatment records, before and after photos, meeting strict HIPAA regulations
🗸 Automate sending out intake forms and medical questionnaires
🗸 Built-in marketing suite to help you grow your business
🗸 Fully paperless system. No more piles of paper!
Do you want to see how? Book a demo now!
