October 28, 2020 4 min read

Florida Medical Spa Regulations



Which procedures at medical spas constitute medical treatment? 


The Florida Board of Medicine has defined the use of lasers, laser for hair removal, Botox® injections, collagen injections, soft tissue filler and any other noninvasive injections of materials is medical treatment. 


Who can perform botulinum toxin injections and soft tissue fillers?


Any doctor can do cosmetic services in his/her primary care practice; no specialized background in dermatology or plastic surgery is required.  PA and NPs can order and perform injections. 


Under Florida Law in a med spa – or an aesthetic center that isn’t a doctor’s primary office – the NP or PA must be supervised by a board certified dermatologist or plastic surgeon, though they don’t have to be present.  This does not apply to non-med spa or aesthetic centers or independent practitioners. 


RNs and Medical Assistants cannot inject Botox and/or fillers even if a physician is present.  NPS and PAs are allowed to perform these procedures under protocols written and reviewed by the supervising physician.  


Who can perform lasers treatments?


Laser treatments must be performed by a physician, a PA under supervision of a physician or a NP working under a protocol signed by a physician. 


RNs, MAs, Technician’s, estheticians and cosmetologists are prohibited from performing the procedures.  


Laser skin resurfacing is ablative laser therapy and can be done by a doctor, NP or PA.  Non ablative fractionated laser treatments use RF waves that result in fewer side effects and faster recovery.  These can be performed by any trained person. 


A PA may, at the supervisory physician’s discretion, may utilize light-based or laser hair removal equipment under “indirect supervision”.  Fla. Stat. Ann. § 459.025(2).  A PA who has not been properly trained and qualified to utilize laser and light based hair removal equipment and delegated the task of providing such service as long as the delegated task is within the scope of the supervising physician’s practice.  


Who can perform Laser Hair Removal?

Currently, if  an electrologist uses laser or light-based devices to remove hair, they must be supervised by a physician. 


A professional electrology license is required to practice electrology.  Medical and osteopathic physicians can perform electrolysis, and, in addition, can perform laser and light-based hair removal or reduction without an electrology license.  Advanced registered nurse practitioners (ARNP) and physician assistants (PA) may practice laser or light-based hair removal or reduction if they are directly supervised by a physician and conform to practice requirements set forth by BOM and applicable protocols.  ARNPs and PAs, if they are supervised by a medical doctor, and practice in an office at which the exclusive service being performed is laser hair removal, are exempt from the direct supervision.


Who can own a medical spa? 


A Florida state licensed physician or a physician group practice can own a medical spa in Florida.  A non physician may also own a spa and contract for the provision of medical services.  But a non physician cannot direct or control  the medical services provided. 

 

What type of training is needed? 

Is a good faith examination needed?

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa? 

If I’m not a doctor, can I share in the profits of a medical spa? 

Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox

Can a physician assistant practice independently

How many physician assistants can a physician supervise?

Can an advanced practice registered nurse practice independently?

Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?

Do I need to charge sales tax on procedures like Botox?

Is informed consent required? 

What kind of physician supervision is needed for a registered nurse (RN) in a medical spa? 

Can a dentist inject Botox?  

Does a medical spa need to obtain a license to operate?  

Must I follow OSHA regulations?  

What type of records are medical spas required to keep of their patients?  

How long do I have to keep the patient’s records

Can a med spa text or email patients to convey confidential medical information?  

Are Botox parties legal?

What type of insurance does a medical spa need?  

What type of information must a medical spa post?  

For a complete list of answers to all the questions visit https://facemedstore.com/products/state-by-state-rules-regulations-for-aesthetic-medicine-and-medical-spas

DISCLAIMER: 


The information and answers contained in these frequently asked questions provide a general guide to certain laws that apply to "medical spas" and cosmetic medical treatment in this particular state. The information on this site is for general reference only and accuracy cannot be guaranteed, as medical spa legalities and regulations change very frequently. This information is not intended to provide legal advice, and it should not be relied upon as legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers: You should not act upon this information without seeking knowledgeable legal counsel that takes the laws of your jurisdiction into account. All uses of the content of this site, other than personal uses, are prohibited.


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