5 Legal & Regulatory Compliance Steps New MedSpa Owners Need To Know

You don’t want to get on the wrong side of the law. There’s nothing fun about legal problems. To stay on the good side of the law, it’s crucial to be aware of the legal and regulatory compliance issues that come with providing cosmetic and wellness services to clients. We have some fantastic sessions on this at Modern Beauty Con, but we’ve also put together the below references as vital reminders. 

If you’re just starting, understanding and following these will help protect you. If you’re a seasoned veteran, you may know all of these, but sometimes a little refresher can be a savior. 

Here are 5 MedSpa Legal and Regulatory Compliance Issues To Keep In Mind:

1. Medical licensing and supervision: Not just anyone can run a medspa in many states. Medspas are often required to be overseen by a medical director who is licensed to practice medicine in the state. The medical director must provide supervision and oversight of all medical services performed at the medspa, including the administration of injectables and other medical treatments.
2. Know your state laws and regulations: States are all different so it’s no surprise that their laws are different. State laws and regulations governing medspas vary widely, and it’s important to understand and comply with all applicable laws in your state. This may include requirements related to licensure, facility design and construction, infection control, medical waste disposal, and more. This is a particularly sensitive topic for owners that open multiple locations in different states.
3. Advertising and marketing compliance: Getting patients is the number one issue we hear from the community. Unfortunately, there are a lot of compliance issues to keep in mind as you rev up your marketing. Medspas must comply with state and federal laws related to advertising and marketing, including restrictions on false or misleading claims, the use of before-and-after photos, and the use of medical terminology and credentials.
4. HIPAA compliance: Data, data, data. Medspas that collect and maintain patient health information are subject to the Health Insurance Portability and Accountability Act (HIPAA), which sets standards for the protection and privacy of patient health information. It’s important to have policies and procedures in place to ensure compliance with HIPAA requirements.
5. Product and equipment safety: Attention to detail and supreme safety matters. Medspas must ensure that all products and equipment used in the provision of services are safe and meet applicable regulatory requirements. This may include ensuring that products are properly labeled and stored, and that equipment is maintained and serviced regularly to ensure safe and effective operation.

Most compliance issues aren’t a result of malicious intent. The honest truth is that most legal issues come out of a lack of understanding or attention to detail from you or your staff. Legal issues are easily avoided with the right training. Make sure you and your staff stay up to date with the above topics so you and the law are happy. 

Ready to take the next step in growing your beauty business? Modern Beauty Con 2023 is just around the corner! Get ready for the nation’s elite medical aesthetic conference, featuring access to world-renowned speakers, top industry vendors, and more. While you wait, sign up for The Weekly Filler for more tips to help you build a safer and more profitable practice.