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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. 

For a complete list of all questions and answers purchase here for $295

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.

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.

Microcannulas vs. Needles?

Not much is different. A cannula is boiled down to being a tube that does not end in a sharp point – but has a blunt tip. That blunt end is the primary difference between a cannula and a standard needle. A blunt- or smooth-tipped micro-cannula is also defined as one being used as an injection device that is inserted via a sharp needle created entry point with a micro-hole, or port in the side of the cannula shaft.

When it comes to FACE's aesthetic medicine, the words cannula and micro-cannula are frequently used in and are often interchangeable. You can check out our state of the art product here.

Regularly a distinction is made between the two terms based on the shape of the blunt tip. This is inaccurate, and a distinction is required so that doctors can classify it.

In other words, there is no difference if someone refers to using a cannula or a micro-cannula for subdermal injectable aesthetic treatments. However, besides this fact, there is still much uncertainty over the appropriate terminology, the exact definition of a micro-cannula, and the various product models available.

Here are some ways we at FACE Med classify a cannula:

What Does a Blunt Tip Do?

Multiple ports are needed when using conventional, stiff, unflexible needles. Every injection port increases the likelihood of bruising. The sharp point on a traditional needle practically ensures patient bruising.

One main reason people avoid getting facial fillers is the fear that the needles used to inject the treatment will be too painful. Thankfully we have microcannulas to save you from your worries. To make injection treatments less painful, doctors have created a technique that takes the complications of pain mostly out of injection procedures.

Using microcannula, patients will experience less bruising, pain, and less tissue damage. Another benefit is that there is less of a chance of intravascular injections, and that supports both doctors and patients. Technology is changing, and with the use of microcannula, patients can relax a bit more when going in for an injection. 

What Are The Benefits of Microcannula?

At FaceMed we want to provide the best and least painful methods for our clients so that you can go home and recover quickly and not dread your next injection. That's why we employ the best technology such as microcannula.

Faster. Now doctors will be able to perform your procedure more swiftly and with less pain on the patient.

Safe on blood vessels. Traditional hypodermic needles potentially damage small blood vessels, but using microcannula takes away this risk.

Minimal tissue damage. Patients encounter less bruising when using microcannula.

Faster recovery. Since there usually is only one insertion site when using microcannula, patients won't have to spend as much time improving.

Rejuvenated collagen. Thanks to the design of microcannula, patients will experience stimulated production of new collagen, which will improve their facial volume.

Minimal side effects. When facial injections are administered using microcannula, patients are likely to experience less, if any, side effects.

Why Aren't Microcannulas Everywhere?

Well, that's probably because they're relatively new in the medical field, and it's going to take some momentum to overcome the decade's use of traditional needles. After doctors use microcannula, they tend never to want to go back to standard needles. 

Studies on microcannulas have concluded that they're better than regular needles. Fillers are one of the most common minimally invasive treatments available today. Over 2.4 million injection procedures were performed just last year. Now, with this technology, millions of people can feel much safer receiving these injections. 

If you're interested in ordering these innovative needles then check out our store page. We provide microcannula's in various different diameters and lengths. 

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