October 30, 2020 6 min read

IDAHO


Who can own a medical spa? 


An Idaho state licensed physician or a physician group practice can own a medical spa in Idaho.  A non-physician may not own a spa or contract for the provision of medical services.

Can a non-physician own all or part of a medical spa? 

No, a non-physician may not own all or part of a medical spa. Idaho law prohibits the corporate practice of medicine for medical practices, which means that physicians may not be employed by or contract with corporations or other business entities own by non-physicians.

If I’m not a doctor or a licensed practitioner, how can I make money from a medical spa?

Non-physicians may not be compensated for the services, space or equipment provided, by a fixed fee arrangement, or by sharing in a percentage of gross revenue generated by the practice. However, there are certain contracts such as a management services agreement that if, properly formed, will permit the non-physician to share in certain revenues of the medical spa.  It is essential that the agreements must be properly formed by an experienced attorney to ensure that the agreements do not violate Idaho’s laws regarding the corporate practice of medicine and fee splitting.  

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

No. A non-physician may not employ a medical director.

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?

What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine? 

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?  

What type of insurance does a medical spa need?  

Can a medical spa pay a person or entity to market the practice’s services? 

Can a medical spa offer discounts through Groupon or other similar social networking websites? 

What type of information must a medical spa post?  

Which procedures at medical spas constitute medical treatment? 

Who can perform botulinum toxin injections and soft tissue fillers?

Under Idaho law any doctor can do cosmetic services in his/her primary care practice; no specialized background in dermatology or plastic surgery is required.  A PA can order and perform injections as long as it is in their practice agreement with a licensed physician. NP’s are allowed to perform injections as they have full independent practice authority. RN’s can also perform injections. 

Medical Assistants cannot inject Botox and/or fillers even if a physician is present.

Who can perform lasers treatments?

A licensed physician, can perform laser treatments. A PA, NP or RN can perform laser treatments if delegated by the licensed physician as they are the only ones who may prescribe treatment.

Who can perform Laser Hair Removal?

In Idaho, a licensed physician, PA, NP or RN may use a laser for hair removal. PA’s, RN’s, and NPs can only perform laser hair removal if a licensed physician delegates the task.

Is a good faith examination needed? 

All patients receiving a medical procedure identified above require a good faith examination by a physician, physician assistant or advanced practice registered nurse. It can be performed by a PA as long as it is agreed upon in the practice agreement. An NP can perform a good faith examination as they have full independent practice authority. 

Can a physician assistant practice independently?  No.  

Supervision Requirements

Idaho Stat. §54-1807A states that the State Medical Board must approve physician supervision of a PA. Supervision must be continuous, but does not require a constant physical presence where medical services are performed by the PA.


Prescriptive Authority for Physician Assistants

Idaho Admin. Rules §22.01.03.042 states that a PA may prescribe drugs and Schedules II-V controlled substances when outlined in the delegation of medical services agreement.

Scope of Practice Determination

Idaho Stat. §54-1807A(2) states that a supervising physician may delegate medical services to the PA when set forth in a delegation of medical services agreement. The PA may perform services in any setting authorized by the supervising physician.

How many physician assistants can a physician supervise? 

Can an advanced practice registered nurse practice independently? 

What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?  An RN needs to be supervised by a licensed physician. An RN may fire a laser for hair removal if they are considered to be properly trained and have had this task delegated in a practice agreement with that physician.

What is a medical assistant? What role do they play in a medical spa? 

Medical assistants are professional multi-skilled persons dedicated to assisting in all aspects of medical practice under the direct supervision and responsibility of a physician. This practitioner assists with patient care management, executes administrative and clinical procedures, and often performs managerial and supervisory functions.

a) Should a medical assistant be licensed to practice in Idaho?
Medical assistants do not need to be licensed to perform tasks in the state of Idaho.

b) What is the legal scope of medical assistants in Idaho?
In the state of Idaho, licensed physicians can delegate a reasonable scope of clinical and administrative tasks to knowledgeable and competent licensed medical assistants.

  1. c) Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a nametag?
    Under Idaho law medical assistants are not required to disclose his or her name on a nametag while working.

    d) May medical assistants perform any procedure in a medical spa so long as they are properly supervised?
    No, a medical assistant may only provide those services that are delegated to them by a licensed physician. 
  2. e) Are medical assistants allowed to pierce the skin?
    Under Idaho state law an MA is allowed to pierce the skin.

    f) Are medical assistants allowed to administer Botox or inject collagen?
    The injection of Botox, collagen, or other fillers does not fall within the medical assistant’s scope of practice.

    g) Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?
    No. Medical assistants are not authorized to use lasers or intense light devices to remove those conditions as they are not licensed by the State of Idaho. Medical assistants may not perform any type of dermabrasion.

Can a dentist inject Botox?  

Is Informed Consent required

Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments? 

What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it? 

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?

Does Idaho have its own version of HIPAA? How does it differ? 

What is a DEA Registration Number? 

What is the FDA and what do they do? 

Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia?

No.  It is not permissible to purchase Botox or fillers from another Country.

Can a chiropractor or dentist serve as a medical director? 

Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup? 

Microneedling, laser or intense pulse light devices, dermabrasion that penetrates the outer layer of the dermis, and coolsculpting must be performed by a licensed physician, a PA, or an ARNP or someone who is licensed by the state in these areas such as an electrologist for laser or light emitting devices or an esthetician. 

 

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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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