Last reviewed November 4, 2026. We checked each legal point below against New Hampshire statutes, administrative rules and state board websites, and removed points we could not confirm. Rules change often, so confirm with your state licensing board or a healthcare attorney before you rely on them.
Who can own a medical spa?
A New Hampshire state licensed physician or a physician group practice can own a medical spa in New Hampshire.
Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?
No. There is no requirement that a doctor must own the equipment or real estate.
Do I need to charge sales tax on procedures like Botox?
New Hampshire has no general sales tax. The NH Department of Revenue Administration states that there is no general sales tax on goods purchased in New Hampshire. We recommend that you consult with your certified public accountant about any taxes that apply to your business.
What type of insurance does a medical spa need?
A medical spa should have a malpractice policy covering any provider that performs medical services, a general liability policy and a product liability policy covering any equipment used and retail goods sold. The spa or practice should also have employment practices liability insurance and cyber security insurance.
Can a medical spa pay a person or entity to market the practice’s services?
A medical spa may employ and provide compensation to an individual marketer or marketing company, so long as payment is based on the effort expended at a fair market value of time and services rendered.
Who can perform botulinum toxin injections and soft tissue fillers?
The New Hampshire Board of Nursing's clinical practice advisory on medication-related processes lists Botox administration as within the scope of practice of a registered nurse (RN).
Who can perform laser treatments?
New Hampshire treats laser procedures that alter tissue as surgery, which is part of practicing medicine:
329:1 Practice. – Any person shall be regarded as practicing medicine under the meaning of this chapter who shall diagnose, treat, perform surgery, or prescribe any treatment of medicine for any disease or human ailment. "Surgery" means any procedure, including but not limited to laser, in which human tissue is cut, shaped, burned, vaporized, or otherwise structurally altered, except that this section shall not apply to any person to whom authority is given by any other statute to perform acts which might otherwise be deemed the practice of medicine.
See also: laser hair removal training for physicians.
Can a physician assistant practice independently?
New Hampshire now calls physician assistants "physician associates." Under the Board of Medicine rules, a physician associate works under a collaboration agreement and must provide it to the Board on request. Performing activities outside the scope of practice set by RSA 328-D:3-b is professional misconduct (Med 609.01, as amended effective September 6, 2026).
Can an advanced practice registered nurse prescribe?
Yes. RSA 326-B:11, III gives an APRN plenary authority to possess, compound, prescribe, administer, dispense and distribute controlled and non-controlled drugs within the APRN's scope of practice. The board may deny, suspend or revoke that authority if it is abused. The New Hampshire Insurance Department's network adequacy rules also count an APRN licensed in family practice, internal medicine or pediatrics as a primary care provider (Ins 2701.03(i)).
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.
Should a medical assistant be licensed to practice in New Hampshire?
New Hampshire does not have a regulatory or licensing process for medical assistants (NH Board of Nursing, Licensed Nurses, Medical Assistants and Delegation toolkit).
Can a dentist inject Botox?
Yes, with training. Dentists who wish to perform botulinum toxin or dermal filler procedures must submit documentation to the New Hampshire Board of Dental Examiners showing at least 8 hours of hands-on training before performing them (Den 302.04(d)).
What does New Hampshire law say about informed consent?
In a malpractice claim about informed consent, the patient must prove that the provider did not give the information that other competent medical care providers with similar training and experience would reasonably have given a patient in that position (RSA 507-E:2, II(a)).
Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?
Yes, Physicians can hire licensed individuals to perform cosmetology services, if they have obtained a license from the State of New Hampshire.
Must I follow OSHA regulations?
Yes. Every business in the United States must know the OSHA regulations and have policies and procedures in place to comply with the regulations. This includes a bloodborne pathogen policy, a contaminated needlestick policy and a laser safety policy with the appointment of a laser safety officer.
What type of records are medical spas required to keep of their patients?
New Hampshire requires that medical spas or facilities keep your name, address, telephone number or other contact information. Your date of birth or medical record number. Date(s) of treatment or service (such as dates you were in the hospital).
How long do I have to keep the patient’s records?
Under the New Hampshire Board of Medicine rules, a licensee shall retain a complete copy of all patient medical records for at least seven years from the date of the patient's last contact with the licensee, unless, before that date, the patient has requested that the file be transferred to another health care provider (Med 501.02(f)(8)).
Can a med spa text or email patients to convey confidential medical information?
Yes. You may text or email a patient provided that the patient has given you their express written consent.
Are Botox parties legal?
New Hampshire law does not specifically address Botox parties so the law does not prohibit Botox parties or injections in the home. However, the injections must be performed by a qualified medical professional or allied health professional in sanitary conditions.
What is HIPAA?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is federal law that aims to protect patient privacy while improving the efficiency and effectiveness in the health care system by requiring standards and requirements for any electronic transmission of protected health information (PHI). Its rules relate to privacy and security, notifying patients if his or her personal information was breached, and sets uniform standards for electronic transmissions and transactions. According to HHS, a health care provider is a covered entity that must follow the HIPAA Rules only if it transmits health information in electronic form in connection with a transaction for which HHS has adopted a standard.
Does New Hampshire have its own health information privacy laws?
Yes. Two 2009 New Hampshire laws cover health information. House Bill 542 (2009 chapter 318) set procedures for a health information exchange to access health care information held by health care providers and their business associates. House Bill 619 (2009 chapter 213) set procedures for access to health care information held by health care providers and their business associates.
What is a DEA Registration Number?
A DEA registration number is a number assigned to a health care provider by the U.S. Drug Enforcement Administration that allows them to write prescriptions for controlled substances.
What is the FDA and what do they do?
The Food and Drug Administration is responsible for protecting the public health ensuring the safety, efficacy and security of human and veterinary drugs, and medical products and devices, and cosmetics among other things.
See also: business courses for med spa owners. 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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