How to Advertise Your Medical Spa Compliantly

By: Aly Boeckh

Regulators are paying closer attention than ever before to how medical spas are advertising their products and services. Whether you're promoting discounted botox on your website, or claiming to be the BEST Laser Center in your area, or posting live snapchat stories of your patient's treatments, you must be mindful of how your state's regulatory body is interpreting these marketing techniques.

As Alex Thiersch wrote in the December issue of Modern Aesthetics' The Rise of the Regulators article, "Some medical boards, are not at all happy about the way this is trending. They see this new wave of digital marketing as having an adverse affect on the industry, as it commodifies health care and risks patient privacy. Traditionally, health care has been something people need, not something they want, so traditional thinking has suggested that it is unseemly for medical practices to advertise."

We all must ask ourselves:

How can we utilize digital marketing in our practice, without the risk of losing our license or undergoing an investigation?

Shady at Best, Dangerous to Patients at Worst | Parallel Importation

By: Alex Thiersch

As you no doubt are well aware, botulinum toxin treatments—primarily Botox, but also including competitors such as Dysport and Xeomin—are among the most popular procedures in the medical aesthetic industry. According to the American Society for Aesthetic Plastic Surgery (ASAPS), more than 4.25 million of these treatments were administered in the United States in 2015, for a total expenditure of more than $1.35 billion—the most of any cosmetic procedure, surgical or otherwise. At an average of $317 per treatment, botulinum toxin is affordable for patients, yet still quite profitable for practices. But some want more, and they are beginning to put themselves in danger in the pursuit of larger profits.

Regulators Who? | The Rise in Medical Spa Regulation

By: Alex Thiersch

In recent years, the medical aesthetics industry has experienced explosive growth. According to the American Society for Aesthetic Plastic Surgery (ASAPS), consumers spent more than $13.87 billion on aesthetic procedures in 2015—an all-time high. 😳

These numbers are certainly good news for you; however, such robust growth and visible success has caused regulators on both the state and federal levels to begin taking a closer look at the industry. What these regulators are finding are areas in which legalities are poorly defined, enforcement is lax, and punishment is viewed as insufficient. State regulatory agencies have traditionally been underfunded and undermanned, but they are beginning to take action to rectify these perceived oversights. 

This increased scrutiny could potentially be very bad news for owners and operators of your medical aesthetics practice, if you are non-compliant. Laws are changing, enforcement is increasing, and punishments are becoming more severe. Take the time to review this guide to learn about the areas in which regulators are beginning to crack down and correct any shortcomings your practice may have as soon as possible!

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!

Don't Miss AmSpa's Upcoming Events for 2017!

Face & Body Medical Spa Summit Presented by AmSpa - Midwest: January 21-23, 2017

A Step-By-Step Guide to Building a Profitable Medical Spa - Orlando, Florida: February 6-7, 2017

A Step-By-Step Guide to Building a Profitable Medical Spa - Chicago, Illinois: March 20-21, 2017

Click here for additional bootcamp dates. 

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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Don't Miss AmSpa's Upcoming Events for 2017!

Face & Body Medical Spa Summit Presented by AmSpa - Midwest: January 21-23, 2017

A Step-By-Step Guide to Building a Profitable Medical Spa - Orlando, Florida: February 6-7, 2017

A Step-By-Step Guide to Building a Profitable Medical Spa - Chicago, Illinois: March 20-21, 2017
Click here for additional bootcamp dates. 

AmSpa Gets a Taste of Tex-Mex at Dallas Bootcamp

The American Med Spa Association (AmSpa) arrived in Dallas, TX November 7-8 for its SOLD OUT Medical Spa Boot Camp, featuring new partnership with Premier Healthcare Law Firm, ByrdAdatto.

AmSpa attendees asked one-on-one questions to Founder/Director Alex Theirsch.

Attendees got up close and personal with vendor partners, the product experts in medical aesthetics.

Industry experts, Bryan Durocher (left), Dori Soukup (middle), and Louis Frisina (right) shared their knowledge and experience on how to run a medspa successfully.     

Tim Sawyer from Crystal Clear Digital Marketing explained the industries growing competition. "If you are a medical aesthetics practice that does treatments and procedures, you are NOT a unicorn." 

Environ Skin Care handed out an exclusive skincare product to the lucky raffle prize winner!

Alex Theirsch, Brad Adatto, and Michael Byrd answered questions after their overview of med spa law and regulations.

AmSpa Director, Alex Thiersch, (fourth on the left) celebrated partnership with Premier Healthcare Law Firm, ByrdAdatto.

Don't Miss AmSpa's Upcoming Events for 2017!

Register today!

A Step-By-Step Guide to Building a Profitable Medical Spa - Orlando, Florida: February, 6-7 2016

Understanding HIPPA: Patient Privacy Laws for Medical Aesthetics

By: Alex Thiersch

Like millions of other businesses, medical aesthetic practices and medspas often use social media channels—such as Twitter, Facebook and Instagram—to increase brand awareness, promote new services, and strengthen the bond between providers and patrons. Unlike other service- and product-based businesses, medical practices and medspas are bound by patient privacy regulations set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). And it is shockingly easy for a practice to expose itself to HIPAA violations through social media activity.

The Fee-Splitting Conundrum: How to Compensate Client Referrals

At traditional spas and salons, rewarding clients for referrals is a common practice. So it makes sense that many medical spas have also adopted this technique to help bring people into their facilities. However, medical spas face certain restrictions that other businesses in the retail market sector do not. Because of this, it’s important for medical spa owners and operators to understand how they can and cannot compensate their clients for referring new customers.

Cosmetic Procedure Shelf Life: How Long Do Results Last?

The percentage of consumers considering cosmetic procedures has nearly doubled in numbers since 2013, making it absolutely necessary for AmSpa to provide a Medspa Treatment Directory for prospective consumers. We've covered every cosmetic treatment in the market from Coolsculpting to Hair Replacement and everything in between.

Depending on what procedure is being performed, results can last from as little as a few weeks to as long as forever. Coolsculpting, for instance, takes approximately 3-4 months to be fully realized and, therefore, many patients schedule second treatments at that time. The results  are long-lasting as long as you maintain a stable, healthy lifestyle.  Hair Replacement, however, shows permanent results, unless you are undergoing a large treatment that requires follow-ups. 

In regards to any treatment being performed, it's important to always have realistic expectations in mind. Whether you undergo a few botox sessions, or laser rejuvenation, most of these procedures are a continual process that will take time to achieve your desired results.

      

If any of the questions below resonate with your concerns on a specific cosmetic treatment, please visit the MedSpa Treatment Directory to view the full list of treatments and answers.  

What is it? 

Who is the ideal candidate? 

Are there any contraindications? 

What is the pain level? 

What is the cost? 

How long does the treatment take? 

How long do the results last? 

Who can safely administer this treatment? 

What should I be concerned about? 

What else do I need to know?   

Don't Miss AmSpa's Upcoming Events for 2016!

Register Today! 

A Step-By-Step Guide to Building a Profitable Medical Spa - Dallas, Texas: November 7-8, 2016
Arizona Medical Spa and Medical Aesthetics Regulatory Workshop - Scottsdale, AZ: December 5, 2016

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What You Missed at AmSpa's San Jose Bootcamp

Day 1

AmSpa Founder and Director, Alex Thiersch, warmly welcomes attendees to the two-day AmSpa Med Spa Bootcamp in San Jose, CA.

 

President of Durocher Enterprises, Bryan Durocher, presents on The Plan and The Build. With 25 years of spa industry success Durocher says, "People no longer use marketing terms like 'pampering or indulgent,' they use words like 'rejuvenation, relaxation, and wellness.'"

Medical Spa Success Now Comes with a Step-By-Step Guide

By: Aly Boeckh

  The American Med Spa Association's (AmSpa's) Medical Spa Bootcamp provides the most dynamic and intense medical spa and medical aesthetics education throughout the United States, from New York to Los Angeles and many places in between.

These medical spa boot camps, A Step-by-step Guide to Building a Profitable Medical Spa, are two-day, can't-miss knowledge and business technique-driven seminars created for physicians and nonphysicians who are looking to make their existing medical aesthetic businesses more profitable, successful and compliant, or those looking to open a new medical spa … the right way. Attendees to these intensive seminars will leave with the tools and tactics needed to successfully and legally operate a medical aesthetic facility or medical spa.

New California Microneedling Regulation Against Estheticians

By: Aly Boeckh

AmSpa Founder and Director, Alex Thiersch's viral CA Update video has lead to a serious discussion regarding recent confusion and concern about who can perform microneedling and dermaplaning in California medical spas. The American Med Spa Association (AmSpa) will welcome California Board of Barbering and Cosmetology representatives Kristy Underwood and Tami Guess to its upcoming Medical Spa Boot Camp in San Jose, CA, on September 19-20. Underwood and Guess are slated for a short presentation and Q&A session on Day 2 of the boot camp, providing information about California’s state laws and regulations affecting medical spa professionals, with a focus on microneedling and derma planing.