Can an APRN Serve as a “Medical Director” for an Illinois Med Spa?

In Illinois, advanced practice nurses (APRNs) who have full practice authority may practice to the full extent of their education and scope without a collaboration agreement with a physician. APRNs seeking to obtain a full practice authority license must first complete at least 250 hours of continuing education and 4000 hours of supervised clinical experience. APRNs are also eligible in Illinois to prescribe Schedule II – V drugs so long as they have a consulting relationship with a physician related to those orders.

Good Faith Medical Examinations

APRNs with a full practice authority license may serve as a “medical director” to Illinois medical spas. In Illinois, Botox and other neuromodulators and fillers, micro-needling and PRP treatments, IV treatments, and most other treatments provided at med spas are considered medical treatments and require an initial good faith medical exam. APRNs practicing independently may perform this examination.

Illinois permits this medical examination to be provided via telehealth as long as the provider holds an Illinois license. Healthcare professionals practicing telehealth must use the same standard of care as for services provided in person. After an exam, the APRN or physician generates the treatment plan and orders, and the treatment plan may then be delegated to another qualified provider such as RN, LPN, or other personnel.

What can an APRN Delegate?

Provided a procedure/treatment falls within an APRN’s scope of practice, the Illinois Nurse Practice Act permits APRNs to delegate selected nursing activities to RNs, LPNs, and other personnel under the APRN’s supervision, if the RN, LPN or other personnel is duly qualified, trained in safety and competently administering the procedure, and acting within their scope of practice.

APRNs who have delegated nursing interventions do not need to be present while the individual is performing the delegation so long as the delegating nurse is available to assist in person or by telecommunications. The delegating APRN should confirm each RN’s qualifications and training and retain documentation on each RN to show their diligence in confirming the RN’s scope, competence in the delegated procedures, and any certifications and training related to the delegated treatments.

APRNs as Medical Directors

The Illinois Nurse Practice Act requires any advertising of an APRN practice to include either the title “APRN” or the nurse’s credential initials (such as educational degrees and national certifications). The Illinois Medical Practice Act contains strict provisions related to false advertising. Illinois APRNs should not advertise their “medical services” or as “medical directors” and should avoid using the term medical in advertisements. Illinois APRNs serving in the medical director role to a medical spa has an aesthetic nursing practice and should advertise accordingly.

Corporate Practice of Medicine

In Illinois, the corporate practice of medicine doctrine requires all medical services and prescriptions be paid to an APRN or physician practice. Management services organizations and businesses owned by non-APRN/MDs may not bill or collect for medical services. 1818 can help APRN practices structure agreements with management services organizations.

We Can Help

If you need help setting up a medical spa or have other regulatory questions, please call 1818 Legal to help you with your efforts. 

Contact Amy today at amy@1818legal.com

Amy Hader

The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.