Last reviewed November 4, 2026. We checked each legal point below against New Jersey 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.
Guidelines for Medical Spas in New Jersey
These are merely guidelines and represent a legal opinion. It is advisable to consult with an attorney as well as your malpractice carrier to ensure you are compliant with all the regulations. Nothing in this blog is meant to constitute legal advice.
Given the rapid growth of the medical spa industry, there is tremendous variation from state to state about the requirements for a medical spa in terms of ownership as well as who can perform the procedures. In addition, different boards within the same state may have conflicting or differing guidelines. For example a board of nursing may allow a nurse to perform a procedure under the supervision of a physician however the board of medicine may not allow a physician to delegate certain procedures.
In New Jersey, a medical practice must use one of the practice forms listed in N.J.A.C. 13:35-6.16. A partnership, professional association or limited liability company must be made up only of licensed health care professionals who provide the same or closely allied services, and the rule counts the health care professions licensed by the Division of Consumer Affairs boards, such as nursing, as closely allied. Under one listed structure, a general business corporation may contract with the practice, but only for non-professional services such as office management, hiring non-professional staff, office space and equipment, and billing. The licensee stays responsible for all medical care and for setting patient fees.
The most important aspect is who can perform procedures in a medical spa. The New Jersey Board of Medical Examiners has drafted rules, N.J.A.C. 13:35-6.14A, 6.14B and 6.14C, on lasers, intense pulsed light, infrared and radiofrequency, on injections of fillers and neuromuscular blockers, and on microdermabrasion and epidermal peels. The Board voted to publish the draft for public comment in April 2011 and again in June 2019. These rules have not been adopted, and we found no adoption notice for them on the Division of Consumer Affairs rule adoptions page through November 2026.
Questions this guide does not answer
- Which procedures at medical spas constitute medical treatment?
- Can an aesthetician perform laser procedures?
- Who can own a medical spa?
- What type of training is needed?
- Who can perform the procedures?
- 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?
- Who can legally fire a laser under New Jersey law?
- Does a physician need to be on site during laser and intense pulse light (IPL) devices?
- Can a dentist inject Botox?
- Is Informed Consent required?
- 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 these, check with your state licensing board or a healthcare attorney.
See also: business courses for med spa owners.
Related guides
Keep reading with med spa regulations by state, what states allow estheticians to do injections, can an RN open a med spa, can an NP open a med spa, Pennsylvania medical spa regulations, Tennessee medical spa regulations, New Hampshire medical spa regulations and Idaho medical spa regulations.
