One of the largest growing areas of healthcare is medical spas. With this exponential growth comes a new set of legal issues and challenges that must be navigated to protect the business and the consumer. To help keep your business on the right side of the law, Cherry Hill, New Jersey’s Padraic Deighan, CEO of a network of medical spas, shares several legal issues that medical spas face.
Article Overview
- The benefits of medical spas
- Services offered by medical spas
- Legal requirements for medical spas
- Meeting medical board regulations
- False advertising concerns
- Medical malpractice issues
- Final thoughts
- Further Reading
The benefits of medical spas
The primary function of a medical spa is to provide a relaxing and comfortable environment while also delivering medical treatments. It is an excellent option for people looking for an alternative to traditional healthcare. However, before opening a medical spa, it is crucial to understand the legal requirements and restrictions that are in place.
Services offered by medical spas
The most significant difference between a regular spa and a medical one is the services offered. Medical spas are allowed to provide a broader range of services, such as botox injections and laser hair removal. A licensed medical professional, such as a doctor or nurse, must oversee these services.
Skin care treatments
One of the most popular services offered by medical spas is skin care treatments. These can include facials, microdermabrasion, and chemical peels. It is vital to make sure that a qualified esthetician does these treatments.
Injectables
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Laser treatments
Laser treatmentslaser hair removal
Body contouring
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Legal requirements for medical spas
Once a medical spa has planned the services it wants to offer. The next step is to ensure they comply with all state and federal regulations. Because these treatments are classified as medical procedures, several requirements must be met.
Medical director
One of the most important legal requirements for a medical spa is to have a medical director. The medical director is responsible for supervising all of the medical treatments and procedures performed at the spar. They are also responsible for ensuring that the staff is adequately trained and that all equipment is up to date.
State licensing
Another necessary legal requirement for medical spas is to be licensed by the state in which they are located. Each state has different requirements, so it is essential to check with your local licensing board.
HIPAA compliance
Another legal concern for medical spas is protecting patient information. Medical spas must also be HIPAA compliant. HIPAA is the federal law that protects patients’ privacy. To be HIPAA compliant, medical spas must have a privacy policy and follow all HIPAA rules. Medical spas must ensure that all patient information is kept confidential. T
Padraic Deighan recommends taking the following steps to protect patient information:
- Encrypting all electronic medical records
- Password protecting all electronic medical records
- Shredding all paper medical records
- Having a secure storage area for all medical records
Insurance
Another legal requirement for medical spas is to have insurance. This is to protect the business in case of any accidents or injuries that occur during treatment. When choosing insurance for your facility, it is essential to ensure that it covers all treatments and procedures.
Meeting medical board regulations
In addition to state and federal regulations, medical spas must meet the medical board’s rules. The medical board is responsible for regulating the medical profession. To ensure that a medical spa complies with the medical board’s regulations, it is vital to have a licensed medical professional on staff.
False advertising concerns
Another legal concern for medical spas is the possibility of false advertising. Making claims about the efficacy of treatments that scientific studies have not proved is considered false advertising. This can lead to fines and penalties.
Padraic Deighan recommends making sure that all claims about the efficacy of treatments are backed up by scientific evidence. Additionally, it is essential to consult with an attorney during the planning stages of any marketing campaign to ensure that all claims comply with state and federal laws.
Medical malpractice issues
Medical spas must also be aware of the potential for medical malpractice lawsuits. Because medical procedures are performed at medical resorts, there is a greater risk of something going wrong. If a patient is injured or dies due to a treatment or procedure performed at a medical spa, they may file a medical malpractice lawsuit.
Medical spas should ensure adequate liability insurance to protect themselves from medical malpractice lawsuits. They should also ensure that all staff members are appropriately trained and that all equipment is updated. Additionally, having a medical director overseeing all treatments and procedures is crucial.
Final thoughts
Knowing all potential legal issues is vital to keep a thriving, profitable medical spa business. You can protect your business from costly lawsuits by being informed and taking the proper precautions. You’ll also have clients who trust that you’re running a well-oiled machine capable of providing excellent care with respect for their safety and privacy.
