Medical spa owners throughout the country should pay attention to recent enforcement actions taking place in New York. Last month, the New York Department of State reported that regulators conducted sweeping inspections of medical spas. Out of 223 facilities inspected so far, 87 received citations for violations that included the unlawful practice of medicine, improper supervision, and unsanitary conditions. The consequences were significant—fines, license suspensions, and even business closures. This is why working with an attorney on formation and compliance is critical. A business attorney (ideally one experienced in healthcare law) does not just protect you, they help you build the business correctly from the start.
Opening and operating a medical spa is one of the most legally complex small business ventures you can undertake. Unlike a traditional spa or salon, a medical spa operates at the intersection of healthcare and aesthetics – providing both medical and traditional cosmetic procedures. As such, it must be a licensed medical facility, and licensed professionals must be performing the services.
Moreover, medical spas are subject to the same heightened regulatory oversight, strict practice rules, and liability exposure as any other health care practice. Corporate practice of medicine laws may limit who can own the entity and how it must be structured. Proper entity formation must align with state ownership rules. Also, medical director and employee agreements, practice policies, HIPAA compliance, and carefully drafted patient consents and liability waivers are not optional—they are foundational safeguards.
A business lawyer helps protect your personal assets, draft enforceable contracts and policies, and position your company for growth. A health law attorney helps ensure your operations comply with medical board regulations and healthcare statutes. Together, they provide the legal infrastructure necessary to build a compliant, scalable, and defensible medical spa.
(This blog, prepared by Campanella Law Office, is for general informational purposes only and is not intended to convey specific legal advice, nor is it intended to create or constitute an attorney-client relationship.)