Only doctors can own medical spas, while physician assistants may own minority shares or serve as minority partners of a doctor or doctors. Other healthcare providers, such as nurse practitioners and non-medical professionals, cannot do so. In addition, only physicians or corporations owned by physicians can charge patient fees for the provision of medical services. States that have independent practice for unrestricted nurse practitioners include Alaska, Arizona, Colorado, Connecticut, District of Columbia, Hawaii, Idaho, Iowa, Maine, Minnesota, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Oregon, Rhode Island, Vermont, Washington, and Wyoming.
In these states, nurse practitioners can open their own aesthetic practices and hire and supervise RNs to perform procedures. In Texas however, nurse practitioners, estheticians and other non-physicians cannot own a medical spa. However they can participate in the day-to-day operations of a medical spa through a management services organization (MSO). Licensed medical professionals can offer non-invasive medical services such as Botox injections and licensed estheticians can provide day spa services such as skin care, body scrubs and massages.
Under a legal doctrine known as the “corporate practice of medicine” only a doctor or a corporation owned by a doctor can own a medical facility. AmSpa provides legal, compliance and commercial resources for medical spas and aesthetic medical practices. If you want to rent office space or equipment for a medical spa practice or provide any other services to a medical spa doctor you should first speak with an attorney experienced in setting up and complying with a medical spa. Under this law non-medical professionals cannot own a medical practice or employ doctors for private gain.
Medical spas offer relaxation and pampering in a luxurious setting but also offer more powerful medical-grade treatments that provide lasting improvements to the face, skin and body than those available in a day spa. The Texas Medical Board carefully monitors medical spas and is quick to punish any facility that violates the doctrine of Corporate Practice of Medicine. MRS has argued (and is arguing on appeal) that the State of Michigan wrongly allowed the Oakland IRM to be organized as an LLC and that medical corporations in Michigan should be organized as professional corporations. Recently I asked Melanie Balestra, a nurse practitioner and lawyer who has a wealth of experience in the field of cosmetic nursing to give me a summary of how state laws vary with respect to cosmetic nursing.
J Spa Medical Spa is located in Great Neck New York and has the latest products for skin care facial rejuvenation and non-surgical procedures. Through an MSO non-medical professionals can help doctors and other healthcare providers with the administrative and non-clinical aspects of medical practice. Most states observe a doctrine known as the corporate practice of medicine which dictates that only a doctor or a corporation owned by the doctor can receive payment for medical services. Some entrepreneurs either unaware of the rules or unwilling to follow them open medspas that violate the corporate practice of the doctrine of medicine.
