The cosmetic services industry is experiencing tremendous growth, with Medical Spas gaining popularity and new locations opening daily. However, these businesses have potential pitfalls for licensed professionals such as doctors and APRNs, requiring caution and awareness in the evolving legal landscape.
In Illinois, medical spas are considered providers of medical services and are subject to the same regulations governing who can provide and prescribe medical treatments. Physicians and nurse practitioners contemplating the role of Medical Director at such establishments must carefully weigh the risks and rewards.
Medical directors must have competence in the scope of services being provided. Additionally, it is essential to obtain professional liability coverage to protect Medical Directors from potential liabilities arising from their roles.
Under the Illinois corporate practice of medical doctrine, Medical Directors must avoid arrangements that could be seen as renting out their prescribing credentials for a fee. A Medical Director takes on substantial responsibilities at a Med Spa, such as supervising other licensed providers and ensuring the facility operates under proper policies and procedures. Patients must be appropriately screened, their medical records maintained, and valid informed consent obtained for any treatments or procedures. Furthermore, close attention should be given to the sourcing and usage of drugs and devices to avoid illegal or off-label practices.
Engaging in services beyond the scope of a professional license or failing to comply with regulations could put the license of an MD or APRN at risk of having their license investigated and exposing themselves to personal liability under various legal theories.
At the federal level, there is a noticeable trend towards increased regulation of the beauty industry, demonstrated by the Modernization of Cosmetics Regulation Act signed into law in December 2022. With the pandemic in the past, state-level enforcement actions may intensify against Medical Spas and IV hydration clinics in the coming years.
If you are involved in operating a Medical Spa or IV hydration business or serving as a Medical Director in Illinois, 1818 is here to help you ensure your business stays compliant with applicable laws and regulations.
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.
Please fill out all fields and submit to request your consultation.