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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