Even if you are a medical professional (e.g., nurse), you cannot open a medical spa by yourself; you must have a doctor associated with the medical spa. In California, corporate practice of medicine is not allowed. Only doctors can own and operate a doctor's office, corporation, or business. The doctor must be the practice owner or be an employee of the medical corporation or company (which is also owned by licensed physicians).
Nor can a California medical spa “rent a license” (hiring a doctor, be it a doctor, an osteopathic doctor, or a naturopathic doctor) or otherwise violate the provisions of the corporate practice of medicine. Not only can doctors serve as medical directors of Med Spa, but they must operate the Med Spa under their medical practice and license. And non-doctors, like nurses, can't have a stake in the ownership of a medical business. In California, Botox and other similar cosmetic procedures offered as medical spa treatments are considered prescriptions.
Because of this, physicians, physician assistants, or advanced nurse practitioners must legally provide a bona fide examination of the patient before providing the service. In a bona fide exam, the doctor will physically and thoroughly evaluate the patient and consult the patient's medical history to determine if the patient is fit for the procedure. However, the Medical Board is concerned that the drugs are marketed as a pedicure, and consumers believe that injecting, lasering and rejuvenating requires no more thought than changing hair color. Often, doctors working in different medical specialties, such as plastic surgery, see the operation of a medical spa as an opportunity to earn additional money while running two offices.
Mark, had his own private primary care practice, and she convinced him he could increase his income by doing “light supervision” for his thriving medical spa. California Business and Occupations Code 2242 specifies that a designated physician or specialized nurse (if acting under standardized procedures) must perform a good faith preliminary examination of Med Spa patients before requesting the medication or device prescribed for them. If you are a California doctor who owns a Med Spa and you are under investigation or facing a hybrid license and criminal law case, call the Law Offices of Lucy S. Cosmetologists, while licensed professionals highly qualified in surface treatments such as facials and microdermabrasion can never inject into the skin, use lasers, or perform medical dermabrasion or skin peels.
Medical spas offer a similar line plus other aesthetic services that involve medical procedures performed by licensed physicians. The MSO compliance reason is to separate business functions and comply with prohibitions against Corporate Medical Practice (or “CPOM”) and fee-sharing or anti-bribery law. The State of California requires medical companies to operate in the form of a Professional Corporation. It is recommended that medical spas consult a legal professional to ensure compliance with security and privacy requirements.
We have experienced professionals and lawyers who will work with you one-on-one and set up your professional medical corporation seamlessly. Entrepreneurs can establish management services organizations (MSOs), allowing them to partner with physicians or physician-owned corporations to provide “management services” to the medical practice. You must be aware of the medical spa requirements in California if you want to establish your business in this state. We offer complete, turnkey solutions to help you create a professional medical corporation designed specifically for California.
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