This is a common question for entrepreneurs interested in the booming aesthetics industry. Florida has specific laws regarding the ownership and operation of medical spas, primarily centered around the corporate practice of medicine doctrine. This doctrine restricts non-licensed individuals from owning or controlling entities that provide medical services. Understanding how this applies to your medical spa is crucial, and a business law attorney can guide you through the nuances.
In Florida, medical treatments offered at a spa, such as Botox injections or laser treatments, are classified as medical procedures. As a result, they must be performed under the supervision of a licensed healthcare professional, typically a physician, nurse practitioner, or physician assistant. While non-physicians can technically own a medical spa, they cannot independently control or dictate the medical aspects of the business. This means establishing a compliant structure, such as a management services organization (MSO), is often necessary. An attorney with expertise in healthcare law can help design this structure to align with Florida regulations.
Drafting agreements between the non-physician owner and the supervising medical professional is another critical legal consideration. These agreements must clearly outline roles, responsibilities, and compensation to ensure compliance with both state and federal laws. Additionally, non-compliance can result in severe penalties, including fines, loss of licensure for the medical professional, and even the forced closure of the business. This highlights the importance of legal oversight during the planning and operational phases.
Finally, don’t overlook the importance of ongoing legal compliance and consultation. Florida’s laws around medical spas are complex and subject to change. Working with an attorney ensures you stay informed about regulatory updates and maintain compliance to protect your investment. Whether you’re planning to open or currently operating a medical spa, legal guidance is essential to safeguarding your business while meeting Florida’s legal and ethical standards.