Medical Spas: Your Guide to a Safe Holiday Season

By: Alyson Boeckh

Your medical spa guide to a safe and compliant holiday season is the gift that keeps on giving! Here is your guide to dealing with naughty patients, regulators, and lawyers. Rest assured, there is ALWAYS room on the nice list! 

1. Steer Clear of the Naughty Patients

Problematic patients can cause your medical spa a great deal of harm. Unfortunately, these people are the scrooges of the industry that simply cannot be reasoned with. The best way to avoid the troublemakers is by spotting them early. Problematic patients don't follow the rules: they don't show up for appointments, don't follow instructions for treatment, are disruptive and don't pay. Even with the competition of the industry growing, turning away these types of patients will save you great trouble and heartache. As the holiday season continues to bring out the crazies, just remember your professional reputation is worth much more than what these patients' potential financial benefit could ever counterbalance. Your best defense is to avoid the Naughtys!        

2. Learn Your State's Practice Act and Check it TWICE

Ever heard of your state's practice act? Don't worry, you're not the only one who feels left in the dark. The laws governing medical spas are often misunderstood and unclear to many. The best step you can take to understanding the law is by working with your local health care attorney (specifically an aesthetics attorney) who can help explain the regulations in your state. (AmSpa works with a national medical aesthetics law firm and provides a discount on initial consultations for members. Learn more about member benefits.) Practice acts are continually updating and changing as new technology advances are hitting the market, so it's very important for the future of your business to learn the laws to stay compliant as the industry continues to grow. Just remember, the regulators are always watching!  

3. HO HO HOld an Evaluation  

Another effective approach to becoming and staying compliant is to hold an on-site evaluation. That way you can know exactly if you're building your clientele properly without violating any patient privacy laws, or that your staff is properly performing treatments under the right guidelines. You can either create your own or purchase a Standard Operating Procedure to quicken the evaluation process. 

4. There's Room for Everyone on the Nice List

Working toward safety and compliance is a great way to start the New Year! It's never easy to break old habits that have worked in the past, but as the old saying goes, "One person can ruin it for everyone." The more we work together as an industry towards compliance, the closer it brings us to breaking the negative stigma associated with the medical spa industry.

Please contact us if you have any questions about your legal landscape.

AmSpa members have access to summaries of the laws that apply to medical spas in their state as well as member pricing for legal consultations with our partner law firm, ByrdAdatto. We're here to help; become a member today!



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How to Avoid a Criminal Investigation in Your Medical Spa

By: Alyson Boeckh

Legal issues in medical spas can have serious consequences. One of the most recent criminal investigations in Fresno, CA., for example, had a doctor and three nurses facing criminal charges for the unauthorized practice of medicine. For many professionals, it comes as no surprise that the rules governing med spas are often misunderstood, unclear, and hard to find, but when state regulators are becoming more and more involved in these medical spa investigations you have to start paying attention to it. Here are 5 simple steps you can take to make sure a criminal investigation does NOT happen to your medical spa. 

1. Learn the Law

No surprise here...You MUST know the rules and regulations set by your state. The laws governing medical spas are completely different than any other segment of the spa industry. Many new procedures like microneedling, are now being considered medical treatments. It is your job to implement your state's laws and regulations into your practice, and to stay involved when new rules form or change. 

2. Pay Attention to Industry News

Stay in-the-know. The industry is evolving so fast that it's hard to always be at the fore-front, but it's also where you need to be if you want to stay compliant. It's often said that technology moves faster than the law, which means you have to be prepared for what the future of this industry will look like when stronger regulations start to take affect. 

3. Stay Up-to-Date on Education/Training

There are a TON of informational and educational workshops going on all around the country to keep you operating successfully. Some of the most successful medical spas will routinely train their staff and make them attend certification classes to continue building upon their skills. You are responsible for everything your employees do, so it's equally as important to have employee manuals and procedures written down and in place so everyone is on the same page. Most importantly, know your weaknesses and be willing to adapt, or you will not survive in this industry. It is far too competitive and reviews-focused for you to just not care. 

4. Be Mindful

Whether or not you think you're compliant, your state's regulators might not agree. You must handle each patient with the same mindfulness as you would with anyone you care about. All it takes is one person to tip off any of your state boards for you to be suddenly under investigation. Don't make that mistake.   

5. Lack of Knowledge is not an Excuse

AmSpa Director, Alex Thiersch, always says, "Saying that you just didn't know, NEVER works." Risking losing your license and your business all together because you didn't make the time to learn the law is a regret you don't want to have.

Please contact us if you have any questions about your state's legal landscape. 

As a reminder, AmSpa members have access to summaries of the laws that apply to medical spas in their state as well as member pricing for a legal consultation with our partner law firm, ByrdAdatto. We're here to help, become a member today!

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Med Spas and Medical Aesthetic Practices Have a More Powerful Legal Resource

Medical spas and medical aesthetic practices NOW have an even more powerful legal resource. AmSpa, the leading legal and educational resource in medical aesthetics, is increasing its legal clout by joining with national aesthetics law firm ByrdAdatto. Together, AmSpa and ByrdAdatto represent the pre-eminent source of legal expertise serving YOUR business and YOUR potential legal risks.