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Med Spa Laws by State

By: Angela Myers | July 2nd, 2024

Med Spa Laws by State Blog Feature

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, Delaware, Florida, Iowa, Louisiana, Maine, Michigan, Mississippi, New Hampshire, New Mexico, Oklahoma, South Carolina, Utah, Vermont, and Virginia. 

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 | Alaska | Arizona | Arkansas | California | Colorado | Conneticut | Delaware | Flordia | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virigina | Washington | West Virgina | Wisconsin | Wyoming 

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. Physicians and APRNs must 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.

Taxes on treatments

  • There are no taxes on med spa services in Alaska.

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. 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

  • There are no taxes on 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. 

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 are no taxes on med spa services in Colorado. 

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?

  • In Connecticut, anyone can own a med spa, but licensed professionals must perform services.

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

  • There are taxes on med spa services in Connecticut.

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, anyone can own a med spa, but licensed professionals must perform services.

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

  • There are no taxes on med spa services in Florida.

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 spa owners to be state-licensed physicians.

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

  • There are no taxes on med spa services in Georgia.

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?

  • In Hawaii, anyone can own a med spa, but licensed professionals must perform services.

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

  • There are no taxes on med spa services in Hawaii.

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

  • There are no taxes on med spa services in Idaho. 

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 or NPs.

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

  • Tax must be charged for med spa services in Illinois.

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?

  • Indiana requires med spa owners to be licensed healthcare professionals 

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

  • There are no taxes on med spa services in Indiana.

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, anyone can own a med spa, but licensed professionals must perform services.

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

  • There are no taxes on med spa services in Iowa.

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

  • There are no taxes on med spa services in Kansas.

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 or advanced NPs.

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

  • There are no taxes on med spa services in Louisiana. 

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.

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

  • There are no taxes on med spa services in Maryland.

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

  • There are no taxes on med spa services in Massachusetts.

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 it’s recommended non-physician owners 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

  • There are no taxes on med spa services 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, and permanent makeup, Botox injections, dermal fillers, laser hair removal, chemical peels, microneedling, Ultherapy, Kybella, CoolSculpting. Physicians and APRNs can provide services.

Taxes on treatments

  • There are no taxes on med spa services 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 med spa services in Mississippi.

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?

  • Any licensed medical professional can own a med spa in Montana.

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

  • There are no taxes on med spa services in Nebraska.

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

  • There are no taxes on med spa services in Nevada.

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

  • There are no taxes on med spa services in New Jersey.

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 med spa services in New Mexico.

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

  • There are no taxes on med spa services in New York.

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?

  • Any licensed medical professional 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

  • There are no taxes on med spa services in North Carolina.

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.

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?

  • Ohio-licensed physicians can own a med spa. 

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 med spa services in Oklahoma. 

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

  • There are no taxes on med spa services in Pennsylvania.

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. 

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 med spa services in Rhode Island.

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

  • There are no taxes on med spa services in South Carolina.

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 med spa services in South Dakota.

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

  • There are no taxes on med spa services in Tennessee.

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. Physicians, PAs, and APRNs must perform services.

Taxes on treatments

  • There are no taxes on med spa services in Texas.

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 med spa services in Utah.

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

  • There are no taxes on med spa services in Vermont. 

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. 

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

  • There are no taxes on med spa services in Washington.

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

  • There are no taxes on med spa services in West Virginia.

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 med spa services in Wisconsin.

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, anyone can own a med spa, but the medical director needs to be a licensed physician. 

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

  • There are no taxes on med spa services in Wyoming.

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.

2024 Med Spa Regulations

Along with state regulations, there are a few federal ones to be aware of. The first, and most important, is 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.

Fortunately, it’s easy to be Cures Act compliant; all a med spa has to do is choose a compliant EHR vendor to store medical data.

Another new regulation that all businesses, including med spas, must follow is the Corporate Transparency Act (CTA). By the end of 2024, all registered businesses in the United States must submit beneficiary information to this federal database. Submitting the information is free and the U.S. Department of Treasury created this guide to help businesses join the database. 

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 the complex 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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