Non-Surgical Aesthetic Procedures: What Can and Cannot Be Performed in Florida?

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 such as injections and laser treatments are regulated as medical procedures under each profession’s scope of practice (F.A.C. 61G5-18.00015; s. 458.348, Fla. Stat.). 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 (non-physicians perform laser hair removal under a physician’s direct supervision, s. 458.348, Fla. Stat.). Physicians, physician assistants, APRNs and registered nurses may perform these procedures within their own license and supervision rules (ss. 458.303, 458.347, 464.003 and 464.012, Fla. Stat.).

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 for staff to follow within the legal framework.

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. Informed consent covers the procedure, its alternatives and its substantial risks. A signed form is not required for every minor procedure on the skin, but a signed consent creates a presumption that consent was valid (s. 766.103, Fla. Stat.; F.A.C. 64B8-9.007 and 64B8-9.009). 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 focused on 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.

Related reading

• Overview of Medical Board Regulations for Medical Spas
• What to Know About Medical Spa Franchise Agreements in Florida
• Advertising and Marketing Regulations for Medical Spas in Florida
• Florida’s Infection Control Requirements for Medical Spas and Clinics

Practice area: Med Spa Attorney in Florida: Buying and Selling a Med Spa