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What states require a medical spa to be owned by an M.D.?

As of September, 2021, and the fact rules and regs keep changing, at this moment in time, several states in the United States have regulations or restrictions regarding the ownership of medical spas (medspas) by medical doctors (MDs).

It’s important to note that regulations can change over time, so it’s crucial to consult with a healthcare attorney or regulatory expert for the most up-to-date information. Here are a few states known to have ownership requirements for medspas:

  1. California: In California, medspas must be owned by a licensed physician or a licensed medical corporation. The law requires that certain medical treatments and procedures, such as laser hair removal and injectables, be performed by or under the supervision of a licensed healthcare professional.
  2. Texas: In Texas, the ownership of a medspa must be in compliance with the Texas Medical Board’s rules. Ownership by a physician or a physician-owned professional association is generally required for the provision of medical services in a medspa.
  3. New York: In New York, medical spas are subject to regulations from the New York State Department of Health and the New York State Education Department. The ownership structure may vary depending on the specific services provided, but the involvement of a licensed physician is typically required for the provision of medical procedures.
  4. Florida: Florida has specific regulations governing the ownership and operation of medspas. While ownership by a physician is not always required, certain medical procedures may only be performed by licensed healthcare professionals.

Where this particular regulation is in place, if you are founding a medspa and you are not an MD, this is where asking an attorney or paralegal about the value of a Management Services Organization (MSO) can come into play.

These are just a few examples, and it’s important to understand that regulations can vary widely from state to state. The specific ownership requirements for medspas can depend on factors such as the type of services offered, the level of medical involvement, and the state’s healthcare regulations. To ensure compliance, it is strongly advised to consult with a knowledgeable healthcare attorney or regulatory expert in the state where you plan to operate your medspa. They can provide you with the most accurate and up-to-date information based on the current laws and regulations in that state.

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