Non-surgical aesthetic procedures like Botox injections, dermal fillers, and laser treatments are in high demand. However, offering these services comes with strict regulatory oversight in Florida. It’s vital to understand what is legally permitted, who can perform these procedures, and under what conditions. This knowledge not only protects your business but ensures patient safety and compliance with state laws.
First, let’s look at what can be performed and by whom. In Florida, non-surgical aesthetic procedures fall under the corporate practice of medicine doctrine. This means that these treatments, considered medical procedures, must be performed under the supervision of a licensed physician or other qualified healthcare provider. For instance, only trained and certified professionals can administer Botox, and laser treatments often require physician oversight. The law also dictates that only certain medical professionals, such as nurse practitioners or physician assistants, may perform these procedures, depending on their scope of practice and licensing.
Now, what cannot be performed without violating the law? Non-licensed individuals cannot perform or administer medical aesthetic procedures under any circumstances. This includes spa or salon staff who may lack the necessary medical credentials. Operating outside the bounds of Florida law can lead to severe consequences, such as fines, loss of licensure, or even criminal charges. An attorney can help you establish clear policies and procedures to ensure that your staff operates within the legal framework, protecting your business from liability.
Documentation and patient consent are also crucial. Florida law requires that medical spas and aesthetic practices maintain detailed patient records and obtain informed consent before any procedure. The consent forms must outline the risks, benefits, and alternatives to the treatment, ensuring that patients make educated decisions. Failing to document these details properly can expose your practice to malpractice claims or legal action. Consulting with an attorney to draft these documents is essential for compliance and risk management.
Finally, the value of legal guidance cannot be overstated. Running a practice that offers non-surgical aesthetic procedures involves navigating complex laws and regulations. An attorney with expertise in healthcare law can help you structure your business, draft contracts, and train your staff to meet compliance standards. By prioritizing legal oversight, you can focus on growing your practice while minimizing risks and fostering trust with your patients.