3 MIN READ.

Med Spa Laws by State

By: Angela Myers | July 2nd, 2024

There’s never been a better time than the present to open a med spa. Valued at 18.1 billion in 2023, the industry is booming and growing quickly. However, opening a med spa isn’t an option for everyone. Med spa laws can be tricky to navigate and vary greatly between states.

The guide reveals how med spa laws differ by state, ways to stay on top of regulatory concerns, and the states where anyone can own a med spa.

Medical Spa Regulations

While laws vary from state to state, many have the same regulations:

All services must be performed by licensed professionals
A medical director should demonstrate the competence and education required to supervise licensed staff
An initial consultation must be done before services are provided, usually by a physician

Unlike traditional spas, med spas are classified as medical service providers and thus must protect patient data, follow HIPAA laws, and be Cures Act compliant. They also have to comply with Occupational Safety and Health Administration (OSHA) standards. Fortunately, the right EHR and PM software ensures you follow patient data regulations without any further action on your part.

Many states require a med spa to be owned by a licensed physician with an extensive background in aesthetic medicine. States where anyone can own a med spa include Arizona, Alaska, Florida, Louisiana, Maine, Michigan, Mississippi, New Hampshire, New Mexico, Oklahoma, Ohio, South Carolina, Utah, Vermont, and Virginia.

Regulations around med spa ownership can change any time at either the state or federal level. Practices should conduct follow-up research to determine what policies they must follow, as well as work with a technology provider committed to staying up -to -date on regulation changes.

Med Spa Laws By State

Running a med spa is a different beast depending on what state you live in. State laws often regulate who can own a med spa, advertising practices, taxation, and more. To help you determine if you meet your state’s regulations, we compiled information on each state’s med spa laws.

Alabama

Who can open and own a med spa?	Alabama requires med spa owners to be state-licensed physicians.
Advertising + marketing	Med spa marketing and advertising in Alabama must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Alabama can offer Botox injections, dermal fillers, laser hair removal, chemical peels, and IV therapy. Physicians and other appropriately licensed medical professionals (under the supervision of a medical doctor) can perform services.
Taxes on treatments	There are no taxes on med spa services in Alabama.
Liability and legal considerations	Med spas in Alabama must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Alaska

Who can open and own a med spa?	In Alaska, anyone can own a med spa, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Alaska must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Alaska can offer Botox injections, dermal fillers, laser hair removal, chemical peels. Physicians and APRNs must perform services. An APRN must be supervised by a physician.
Taxes on treatments	There are no state taxes in Alaska, but some local governments apply taxes to med spa services.
Liability and legal considerations	Med spas in Alaska must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Arizona

Who can open and own a med spa?	In Arizona, anyone can own a med spa, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Arizona must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Arizona can offer Botox injections, dermal fillers, laser hair removal, chemical peels. Medical doctors, RNs, and APRNs must perform services.
Taxes on treatments	There are no taxes on med spa services in Arizona.
Liability and legal considerations	Med spas in Arizona must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Arkansas

Who can open and own a med spa?	Arkansas requires med spa owners to be state-licensed physicians.
Advertising + marketing	Med spa marketing and advertising in Arkansas must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Arkansas can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, Ultherapy, Kybella, CoolSculpting. Physicians and APRNs must perform services.
Taxes on treatments	6.5% sales tax applies to some med spa services in Arkansas.
Liability and legal considerations	Med spas in Arkansas must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

California

Who can open and own a med spa?	California requires med spa owners to be state-licensed physicians.
Advertising + marketing	Med spa marketing and advertising in California must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in California can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, microneedling, permanent makeup, non-surgical fat reduction. Med spa services must be performed by physicians or RNs under physician supervision
Taxes on treatments	There are no taxes on med spa services in California, if services are performed by a medical professional and determined to be a medical service.
Liability and legal considerations	Med spas in California must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Colorado

Who can open and own a med spa?	Colorado requires med spa owners to be state-licensed physicians.
Advertising + marketing	Med spa marketing and advertising in Colorado must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Colorado can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, radiofrequency skin tightening, microdermabrasion, laser skin resurfacing, body contouring, permanent makeup. Med spa services must be performed by physicians or APRNs.
Taxes on treatments	There is no state sales tax in Colorado, but some local governments apply taxes to med spa services.
Liability and legal considerations	Med spas in Colorado must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Connecticut

Who can open and own a med spa?	Medical doctors, physician’s assistants, and nurse practitioners can own med spas in Connecticut.
Advertising + marketing	Med spa marketing and advertising in Connecticut must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Connecticut can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, radiofrequency skin tightening, intense pulsed light (IPL) treatments. Physicians, PAs, and APRNs can perform med spa services.
Taxes on treatments	Any medical services considered cosmetic are subject to state sales tax in Connecticut. Medically necessary procedures are not.
Liability and legal considerations	Med spas in Connecticut must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Delaware

Who can open and own a med spa?	In Delaware, licensed medical physicians (MD or DO) can own a med spa.
Advertising + marketing	Med spa marketing and advertising in Delaware must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. Ads must include the following disclaimer: “This is not a medical office. Medical spa services are not a substitute for medical care.”
Scope of practice	Med spas in Delaware can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, permanent makeup, and weight loss treatments. Med spa services must be performed by physicians or APRNs.
Taxes on treatments	There are no taxes on med spa services in Delaware.
Liability and legal considerations	Med spas in Delaware must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Florida

Who can open and own a med spa?	In Florida, anyone can own a med spa, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Florida must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Florida can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, permanent makeup, body contouring. All services must be performed by licensed medical professionals.
Taxes on treatments	In Florida, med spa services are not taxed if deemed medically necessary. Cosmetic med spa services are subject to sales tax.
Liability and legal considerations	Med spas in Florida must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Georgia

Who can open and own a med spa?	Georgia requires med spas to be owned by state-licensed physicians or physician-owned organizations.
Advertising + marketing	Med spa marketing and advertising in Georgia must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Georgia can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, permanent makeup, tattoo removal, vein treatment. APRNs and physicians must perform med spa services.
Taxes on treatments	In Georgia, medically necessary services are not taxed, but cosmetic procedures are subject to sales tax.
Liability and legal considerations	Med spas in Georgia must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Hawaii

Who can open and own a med spa?	Licensed physicians can own a med spa in Hawaii, and all procedures must be performed by appropriately licensed medical professionals.
Advertising + marketing	Med spa marketing and advertising in Hawaii must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Hawaii can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, intense pulsed light (IPL) therapy, and radiofrequency (RF) therapy. Med spa services must be performed by physicians or PAs.
Taxes on treatments	While there’s no sales tax in Hawaii, med spas are subject to a 4% general excise tax.
Liability and legal considerations	Med spas in Hawaii must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Idaho

Who can open and own a med spa?	Idaho requires med spa owners to be state-licensed physicians.
Advertising + marketing	Med spa marketing and advertising in Idaho must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Idaho can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, intense pulsed light (IPL) therapy, and radiofrequency (RF) therapy. Med spa services must be performed by physicians or APRNs.
Taxes on treatments	In Idaho, cosmetic med spa services are subject to state sales tax, but medically necessary procedures are not.
Liability and legal considerations	Med spas in Idaho must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Illinois

Who can open and own a med spa?	Illinois requires med spa owners to be state-licensed physicians.
Advertising + marketing	Med spa marketing and advertising in Illinois must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. The IDFPR must approve a med spa for them to market their services.
Scope of practice	Med spas in Illinois can Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, permanent makeup, permanent hair removal. Med spa services must be performed by physicians and APRNs.
Taxes on treatments	In Illinois, cosmetic med spa services are subject to sales tax. Medically necessary procedures are not.
Liability and legal considerations	Med spas in Illinois must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Indiana

Who can open and own a med spa?	In Indiana, state-licensed physicians can be med spa owners.
Advertising + marketing	Med spa marketing and advertising in Indiana must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Indiana can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, microdermabrasion, radiofrequency treatments, and Ultherapy. Med spa services must be performed by physicians, PAs, or APRNs
Taxes on treatments	Medically necessary procedures are not subject to state taxes in Indiana, but cosmetic med spa services are.
Liability and legal considerations	Med spas in Indiana must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Iowa

Who can open and own a med spa?	In Iowa, licensed physicians (MDs) can own a med spa. Other licensed medical professionals may be able to own one if they employ a licensed medical doctor.
Advertising + marketing	Med spa marketing and advertising in Iowa must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Iowa can offer Botox injections, dermal fillers, laser hair removal, chemical peels. Med spa services must be performed by physicians or laser technicians.
Taxes on treatments	Medically prescribed med spa services are not subject to state taxes, but cosmetic services are.
Liability and legal considerations	Med spas in Iowa must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Kansas

Who can open and own a med spa?	Kansas requires med spa owners to be state-licensed physicians.
Advertising + marketing	Med spa marketing and advertising in Kansas must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Kansas can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, microdermabrasion, LED light therapy, radiofrequency treatments. Med spa services must be performed by physicians or APRNs.
Taxes on treatments	In Kansas, cosmetic med spa services are subject to sales tax, but procedures deemed medically necessary are not.
Liability and legal considerations	Med spas in Kansas must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Kentucky

Who can open and own a med spa?	Kentucky requires med spa owners to be state-licensed physicians and advanced practice registered nurses. Others can be partial owners through Management Services Organizations (MSOs).
Advertising + marketing	Med spa marketing and advertising in Kentucky must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Kentucky can Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, permanent makeup, hair restoration. Med spa services must be performed by licensed nurses or APRNs
Taxes on treatments	Med spas in Kentucky must charge tax on procedures.
Liability and legal considerations	Med spas in Kentucky must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Louisiana

Who can open and own a med spa?	In Louisiana, anyone can own a med spa, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Louisiana must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Louisiana can offer Botox injections, dermal fillers, laser hair removal, chemical peels, micro needling, laser skin resurfacing, Kybella, CoolSculpting, vampire facials. Med spa services must be performed by physicians, APRNs, and PAs.
Taxes on treatments	Cosmetic med spa services are subject to sales tax in Kansas, but procedures deemed medically necessary are not.
Liability and legal considerations	Med spas in Louisiana must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Maine

Who can open and own a med spa?	In Maine, anyone can own a med spa, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Maine must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Maine can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, liposuction, body contouring, permanent makeup Physicians, PAs, and registered nurses must perform services.
Taxes on treatments	There are no taxes on med spa services in Maine when treatments are deemed medically necessary.
Liability and legal considerations	Med spas in Maine must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Maryland

Who can open and own a med spa?	In Maryland, state-board certified physicians and CNPs can own med spas.
Advertising + marketing	Med spa marketing and advertising in Maryland must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Maryland can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, body sculpting, permanent makeup. CPNs and physicians must perform med spa services.
Taxes on treatments	Sales tax in Maryland can be complex, since taxation only applies to services deemed cosmetic.
Liability and legal considerations	Med spas in Maryland must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Massachusetts

Who can open and own a med spa?	In Massachusetts anyone can own a med spa, so long as they apply for a clinical license from the state.
Advertising + marketing	Med spa marketing and advertising in Massachusetts must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. Advertisements must be clear and backed by scientific evidence.
Scope of practice	Med spas in Massachusetts can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, non-surgical body contouring, permanent makeup. Med spa services must be performed by physicians and APRNs.
Taxes on treatments	In Massachusetts, cosmetic procedures and retail sales of skincare products are subject to sales tax, but other med spa services are not.
Liability and legal considerations	Med spas in Massachusetts must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Michigan

Who can open and own a med spa?	In Michigan, anyone can own a med spa, but non-physician owners must set up a PLLC.
Advertising + marketing	Med spa marketing and advertising in Michigan must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. The name of the med spa cannot include “Medical” if the practice isn’t owned by a physician.
Scope of practice	Med spas in Michigan can offer Botox injections, dermal fillers, laser hair removal, chemical peels, vampire facials, Ultherapy, photofacials, microdermabrasion, permanent makeup. Med spa services must be performed by a physician or APRN.
Taxes on treatments	Some cosmetic procedures and the retail sale of products may be subject to sales tax in Michigan.
Liability and legal considerations	Med spas in Michigan must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Minnesota

Who can open and own a med spa?	Minnesota requires med spa owners to be state-licensed physicians.
Advertising + marketing	Med spa marketing and advertising in Minnesota must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. All advertisements must be clear, concise, and backed by scientific evidence.
Scope of practice	Med spas in Minnesota can offer Botox injections, dermal fillers, laser hair removal, chemical peels, body sculpting, liposuction, microdermabrasion, permanent makeup, microneedling, Ultherapy, Kybella, and CoolSculpting. Physicians and APRNs can provide services.
Taxes on treatments	If procedures are considered cosmetic, they are subject to state sales tax in Minnesota.
Liability and legal considerations	Med spas in Minnesota must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Mississippi

Who can open and own a med spa?	In Mississippi, anyone can own a med spa if set up as a PLLC. State-licensed individuals can be shareholders.
Advertising + marketing	Med spa marketing and advertising in Mississippi must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. Before using patient photos or testimonials in marketing, a med spa must receive written consent.
Scope of practice	Med spas in Mississippi can offer Botox injections, dermal fillers, laser hair removal, chemical peels, permanent hair removal, microneedling, microdermabrasion, and permanent makeup. Physicians and APRNs must perform services.
Taxes on treatments	There are no taxes on medically necessary services in Mississippi, but cosmetic procedures may be subject to sales tax.
Liability and legal considerations	Med spas in Mississippi must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Missouri

Who can open and own a med spa?	Missouri-licensed physicians or physicians’ groups can own med spas.
Advertising + marketing	Med spa marketing and advertising in Missouri must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Missouri can offer Botox injections, dermal fillers, laser hair removal, chemical peels, body contouring, microdermabrasion, Vaser liposuction, and permanent makeup. Physicians and APRNs must perform services.
Taxes on treatments	There are no taxes on med spa services in Missouri.
Liability and legal considerations	Med spas in Missouri must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Montana

Who can open and own a med spa?	In Montana, licensed physicians (MDs and DOs) and certain nurse practitioners (NPs) with relevant training can own a medical spa.
Advertising + marketing	Med spa marketing and advertising in Montana must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Montana can offer Botox injections, dermal fillers, laser hair removal, and chemical peels. Physicians and APRNs must perform services.
Taxes on treatments	There are no taxes on med spa services in Montana.
Liability and legal considerations	Med spas in Montana must follow the legal and liability considerations that apply to other healthcare providers. This includes having a conformed consent procedure in place and carrying malpractice insurance.

Nebraska

Who can open and own a med spa?	Nebraska-licensed physicians can own a med spa.
Advertising + marketing	Med spa marketing and advertising in Nebraska must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Nebraska can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, intense pulsed light (IPL) therapy, radiofrequency treatments, and ultrasound treatments. Physicians and APRNs must perform services.
Taxes on treatments	In Nebraska, cosmetic procedures and retail sales of skincare products are subject to sales tax, but other med spa services are not.
Liability and legal considerations	Med spas in Nebraska have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Nevada

Who can open and own a med spa?	Only physicians can own a med spa in Nevada, but non-physicians can share in the profit.
Advertising + marketing	Med spa marketing and advertising in Nevada must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Nevada can offer Botox injections, dermal fillers, laser hair removal, and chemical peels. Physicians and APRNs must perform services.
Taxes on treatments	In Nevada, retail sales of skincare products are subject to sales tax, but med spa services are usually not.
Liability and legal considerations	Med spas in Nevada have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

New Hampshire

Who can open and own a med spa?	Anyone in New Hampshire can own a med spa, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in New Hampshire must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in New Hampshire can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, dermabrasion, and CoolSculpting. Physicians, PAs, and APRNs must perform services.
Taxes on treatments	There are no taxes on med spa services in New Hampshire.
Liability and legal considerations	Med spas in New Hampshire have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

New Jersey

Who can open and own a med spa?	Only licensed physicians can own a med spa in New Jersey.
Advertising + marketing	Med spa marketing and advertising in New Jersey must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in New Jersey can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, radiofrequency treatments, microdermabrasion, and IPL (intense pulsed light) treatments. Physicians, PAs, and APRNs must perform services.
Taxes on treatments	In New Jersey, cosmetic procedures and retail sales of skincare products are subject to sales tax, but other med spa services are not.
Liability and legal considerations	Med spas in New Jersey have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

New Mexico

Who can open and own a med spa?	Anyone can own a med spa in New Mexico, but licensed professionals must perform services
Advertising + marketing	Med spa marketing and advertising in New Mexico must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in New Mexico can offer Botox injections, dermal fillers, laser treatments, chemical peels, microdermabrasion, microneedling, and CoolSculpting. Licensed medical professionals must perform services.
Taxes on treatments	There are no taxes on medically necessary services in New Mexico, but cosmetic procedures may be subject to sales tax.
Liability and legal considerations	Med spas in New Mexico have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

New York

Who can open and own a med spa?	Licensed physicians, NPs, and physicians’ groups can own a med spa in New York.
Advertising + marketing	Med spa marketing and advertising in New York must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. Advertisements must state that services are not for medical emergencies.
Scope of practice	Med spas in New York can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, microdermabrasion, radiofrequency treatments, and intense pulsed light (IPL) treatments. Physicians and APRNs must perform services.
Taxes on treatments	In New York, medically necessary services are not subject to sales tax, but cosmetic procedures and retail sales of skincare products are.
Liability and legal considerations	Med spas in New York have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

North Carolina

Who can open and own a med spa?	Only licensed physicians can own a med spa in North Carolina.
Advertising + marketing	Med spa marketing and advertising in North Carolina must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in North Carolina can offer Botox injections, dermal fillers, laser hair removal, chemical peels, vein treatments, microdermabrasion, and permanent makeup. Physicians, PAs, and APRNs must perform services.
Taxes on treatments	In North Carolina retail sales of skincare products are subject to sales tax, but med spa services are usually not.
Liability and legal considerations	Med spas in North Carolina have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

North Dakota

Who can open and own a med spa?	Licensed physicians in North Dakota can own a med spa.
Advertising + marketing	Med spa marketing and advertising in North Dakota must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. Advertisements cannot use the term “doctor” or “medical” for services not provided by a licensed physician.
Scope of practice	Med spas in North Dakota can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, permanent makeup, permanent hair removal, body sculpting, and sclerotherapy. Physicians and APRNs must perform services.
Taxes on treatments	There are no taxes on med spa services in North Dakota, but retail product sales may be subject to sales tax.
Liability and legal considerations	Med spas in North Dakota have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Ohio

Who can open and own a med spa?	Anyone can own a med spa in Ohio, but services must be performed by appropriate medical professionals.
Advertising + marketing	Med spa marketing and advertising in Ohio must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Ohio can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, CoolSculpting, and Kybella. Physicians, PAs, and RNs must perform services.
Taxes on treatments	Sales tax must be collected on procedures delivered by med spas in Ohio.
Liability and legal considerations	Med spas in Ohio have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Oklahoma

Who can open and own a med spa?	Anyone can own a med spa in Oklahoma, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Oklahoma must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Oklahoma can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, Ultherapy, Kybella, and CoolSculpting. Physicians and APRNs must perform services.
Taxes on treatments	There are no taxes on medically necessary services in Oklahoma, but cosmetic procedures may be subject to sales tax.
Liability and legal considerations	Med spas in Oklahoma have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Oregon

Who can open and own a med spa?	Physicians, physicians’ groups, and nurse practitioners can own med spas in Oregon.
Advertising + marketing	Med spa marketing and advertising in Oregon must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Oregon can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, microdermabrasion, body contouring, and permanent makeup. Physicians, certified aestheticians, and APRNs must perform services.
Taxes on treatments	There are no taxes on med spa services in Oregon.
Liability and legal considerations	Med spas in Oregon have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Pennsylvania

Who can open and own a med spa?	Physicians, physicians’ groups, and nurse practitioners can own a med spa in Pennsylvania.
Advertising + marketing	Med spa marketing and advertising in Pennsylvania must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. Advertisements cannot guarantee results and the language must be clear.
Scope of practice	Med spas in Pennsylvania can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, microdermabrasion, non-surgical body contouring, and permanent makeup.
Taxes on treatments	In Pennsylvania, cosmetic procedures and retail sales of skincare products are subject to sales tax, but med spa services deemed medically necessary are not.
Liability and legal considerations	Med spas in Pennsylvania have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Rhode Island

Who can open and own a med spa?	Rhode Island requires med spas to be owned by state-licensed physicians or physician’s assistants and/or advanced practice registered nurses (APRNs) with the right training.
Advertising + marketing	Med spa marketing and advertising in Rhode Island must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Rhode Island can offer Botox injections, dermal fillers, laser hair removal, and chemical peels. Physicians and APRNs must perform services.
Taxes on treatments	There are no taxes on medically necessary services in Rhode Island, but cosmetic procedures may be subject to sales tax.
Liability and legal considerations	Med spas in Rhode Island have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

South Carolina

Who can open and own a med spa?	Anyone can own a med spa in South Carolina, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in South Carolina must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in South Carolina can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, weight loss treatments, microdermabrasion, and permanent makeup. Physicians and APRNs must perform services.
Taxes on treatments	In South Carolina, cosmetic procedures and retail sales of skincare products are subject to sales tax, but medically necessary med spa services are not.
Liability and legal considerations	Med spas in South Carolina have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

South Dakota

Who can open and own a med spa?	Physicians can own med spas in South Dakota.
Advertising + marketing	Med spa marketing and advertising in South Dakota must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in South Dakota can offer Botox injections, dermal fillers, laser hair removal, chemical peels, weight loss programs, microdermabrasion, body contouring, and permanent makeup. Physicians and APRNs must perform services.
Taxes on treatments	There are no taxes on medically necessary services in South Dakota, but cosmetic procedures may be subject to sales tax.
Liability and legal considerations	The med spa in South Dakota has the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Tennessee

Who can open and own a med spa?	Physicians and certain other licensed professionals, including podiatrists, optometrists, and chiropractic doctors can own med spas in Tennessee.
Advertising + marketing	Med spa marketing and advertising in Tennessee must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Tennessee can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, radiofrequency treatments, microdermabrasion, and intense pulsed light (IPL) treatments. Physicians, RNs, and APRNs must perform services.
Taxes on treatments	In Tennessee, cosmetic procedures and retail sales of skincare products are subject to sales tax, but other med spa services are not.
Liability and legal considerations	Med spas in Tennessee have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Texas

Who can open and own a med spa?	Most med spas in Texas must be owned by a physician. If they only provide laser hair removal services, an esthetician or certified laser technician can own a med spa.
Advertising + marketing	Med spa marketing and advertising in Texas must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Texas can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microdermabrasion, non-surgical body contouring, and permanent makeup. Appropriately licensed medical professionals must perform all services.
Taxes on treatments	In Texas, cosmetic procedures and retail sales of skincare products are subject to sales tax, but other med spa services are not.
Liability and legal considerations	Med spas in Texas have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance

Utah

Who can open and own a med spa?	Anyone in Utah can own a med spa, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Utah must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Utah can offer Botox, dermal fillers, laser hair removal, permanent makeup, chemical peels, microdermabrasion, and non-surgical body contouring. Physicians, PAs, and APRNs must perform services.
Taxes on treatments	There are no taxes on medically necessary services in Utah, but cosmetic procedures may be subject to sales tax.
Liability and legal considerations	Med spas in Utah have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Vermont

Who can open and own a med spa?	Anyone can own a med spa in Vermont, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Vermont must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Vermont can offer Botox, dermal fillers, laser hair removal, chemical peels, microdermabrasion, body contouring, and permanent makeup. Physicians, RNs, and PAs must perform services.
Taxes on treatments	In Vermont medically necessary procedures are not subject to sales tax, but cosmetic procedures and retail sales of skincare products are.
Liability and legal considerations	Med spas in Vermont have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Virginia

Who can open and own a med spa?	Anyone can own a med spa in Virginia, but licensed professionals must perform services.
Advertising + marketing	Med spa marketing and advertising in Virginia must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Virginia can offer Botox, dermal fillers, laser hair removal, and chemical peels. Physicians, RNs, and PA can perform services.
Taxes on treatments	There are no taxes on med spa services in Virginia, but cosmetic products may be subject to sales tax.
Liability and legal considerations	Med spas in Virginia have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Washington

Who can open and own a med spa?	Licensed physicians and nurse practitioners in Washington can own med spas.
Advertising + marketing	Med spa marketing and advertising in Washington must include a disclaimer: “This is a medical spa. All procedures are performed by a licensed physician or APRN.”. There are also state mandated regulations to prohibit false or misleading claims about services Additionally, med spas in Washington must be transparent about the qualifications of its practitioners and the risks of services provided.
Scope of practice	Med spas in Washington can offer Botox, dermal fillers, laser hair removal, chemical peels, Ultherapy, microdermabrasion, Vaser liposuction, and permanent makeup. Physicians and APRNs must perform services.
Taxes on treatments	In Washington, med spa procedures are subject to income tax, but not usually to sales tax.
Liability and legal considerations	Med spas in Washington have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

West Virginia

Who can open and own a med spa?	State-licensed physicians or physicians’ groups can own med spas in West Virginia.
Advertising + marketing	Med spas in West Virginia can offer Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, Ultherapy, Kybella, CoolSculpting. Physicians and APRNs must perform services. Med spa marketing and advertising in West Virginia must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in West Virginia can offer Botox, dermal fillers, laser hair removal, chemical peels. Physicians and APRNs can perform treatments.
Taxes on treatments	Medically necessary services in West Virginia are not taxed, but cosmetic procedures and retail sales of skincare products are.
Liability and legal considerations	Med spas in West Virginia have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Wisconsin

Who can open and own a med spa?	Licensed physicians can own med spas in Wisconsin.
Advertising + marketing	Med spa marketing and advertising in Wisconsin must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements. Med spas cannot market in a way that’s likely to attract minors.
Scope of practice	Med spas in Wisconsin can offer Botox, dermal fillers, laser hair removal, chemical peels, microdermabrasion, non-surgical body contouring, and permanent makeup. Physicians, PAs, and APRNs must perform services.
Taxes on treatments	There are no taxes on medically necessary services in Wisconsin, but cosmetic procedures may be subject to sales tax.
Liability and legal considerations	Med spas in Wisconsin have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Wyoming

Who can open and own a med spa?	In Wyoming, advanced practice RNs and physician assistants with relevant training can own a med spa, as can licensed physicians.
Advertising + marketing	Med spa marketing and advertising in Wyoming must follow regulations to prohibit misleading or false claims about services. Practitioners’ qualifications and any risks must be included in advertisements.
Scope of practice	Med spas in Wyoming can offer Botox, dermal fillers, laser hair removal, chemical peels, microneedling, radiofrequency treatments, microdermabrasion, laser skin resurfacing, intense pulsed light (IPL) treatments. APRNs with prescriptive authority or licensed physicians can provide treatments.
Taxes on treatments	In Wyoming, the retail sales of skincare products are subject to sales tax, but most med spa services are not.
Liability and legal considerations	Med spas in Wyoming have the same legal and liability considerations as other healthcare providers, including having a conformed consent process in place and carrying malpractice insurance.

Recently Passed Med Spa Laws

Alongside state regulations, there are a few federal laws of note to med spa owners.

The Department of Justice also recently updated their regulations around sharing sensitive healthcare data with companies and individuals in other countries, providing another reason to opt for a HIPAA-compliant EHR/practice management provider.

Any med spa selling prescription medications, such as weight loss drugs, would benefit from researching the FDA’s new healthcare advertising regulations which emphasize stating any risks and contraindication information in a clear manner. Advertisements must also use consumer-friendly language and minimize distractions.

Previously, all businesses, including med spas, were required to report to the federal Beneficial Ownership Information database by the end of 2024, as per the Corporate Transparency Act (CTA). However, the U.S. Department of Treasury has since stated that due to a federal court order, companies are not required to submit this information and will not be subject to liability if they haven’t done so, so long as this court order stays in place.

Med spa owners also must be familiar with the Cures Act. Enacted in 2021, the Cures Act mandates all health technology systems must be able to transfer medical information to patients or other healthcare practices. Compliance with the Cures Act can be achieved by partnering with a technology vendor that adheres to all regulatory standards established by federal legislation.

Legislation on the Horizon

There are some proposed federal legislation changes that may impact med spas. The first is the Protecting Patients from Deceptive Drugs Ads Online Act, which was recently introduced in the senate. If passed, this bill may impact how companies advertise med spa services, most likely building off the updated guidelines released by the FDA. There are also proposed changes to HIPAA that were supposed to come into effect in 2025, though implementation is still pending.

The current administration has also indicated an interest in many reforms related to a broad swath of the healthcare industry that may impact med spas. Clinic owners are advised to be wary of new announcements regarding specific proposals.

“Med spa regulations are changing at an increasing rate,” said Robin Ntoh, Vice President of Aesthetics at Nextech. “It’s imperative for med spa clinicians and administrators to research these regulations and to consider how their technology resources are helping them stay up to date.”

Frequently Asked Questions

How much do Med Spa owners make?

How much Med Spa owners make varies, though the American Med Spa Association does have a few estimated stats based on revenue reporting from their members in 2022:

Single-location spas average $121,632 in monthly revenue
Overall, the average med spa revenue in 2022 was $1,982,896

Actual profit for the owners depends on how many employees there are, services provided, equipment costs, and more.

Are Med Spas required to be HIPAA compliant?

Since medical spas provide medical services, they have to be HIPAA compliant. HIPAA is a set of federal regulations to protect patient data. Fortunately, it’s easy to be HIPAA compliant if you choose a compliant EHR vendor.

What is the “FDA warning” on Med Spas?

A 2023 FDA warning cited concerns about the increased risks of scarring, skin infections, and serious complications from services provided by med spas. While this doesn’t change regulatory practices, it should impact how you market your med spa, including increased emphasis on the credibility of your services.

Simplify Compliance with State Regulations for Med Spas

Opening a med spa is an incredible business opportunity, with the industry experiencing significant growth and valued at nearly $20 billion. However, navigating changes in federal regulations and varying state laws can be a challenge — whether you’re a licensed professional or an entrepreneur looking to enter the industry. Learn how Nextech's med spa-specific software and our team of experienced aesthetics industry experts can help you ensure compliance with your state's regulations and success for your business.

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