Who Can Own a Med Spa?

Written by Attorney Julie Nieiadlik

Med spas continue to pop up on every corner. As more and more business owners want to break into the market, it is important to be clear on who can own such a med spa under Massachusetts law.

In Massachusetts, a business providing a medical service, such as Botox or filler injections, must either be licensed as a clinic or set up as a professional entity owned and operated by a clinician that can practice independently.

Doctors and nurse practitioners with independent practice authority can easily set up a professional practice and operate a med spa. However, registered nurses and physician assistants do not meet the threshold of being able to practice independently under their licensure type.

Many dentists advertise that they provide Botox and filler as part of their “cosmetic dentistry” offerings. Does that mean your dentist can inject Botox into your crows feet? Some dentists may argue that they have a unique and in depth familiarity with facial structure, but The Massachusetts Board of Registration in Dentistry has made their stance quite clear in their published Policy Advisory on the Use of Botulinum Toxins and/or Dermal Fillers by Licensed Dentists that dentists can provide cosmetic injections only with proper training and only as part of a comprehensive dental treatment plan. Any dentist thinking about expanding their services to include injections must be very careful that they are complying with their scope of practice.

Like dentists, aestheticians must also be careful about ensuring the services they are providing are within their scope of practice. While aestheticians can provide services that are complementary to stereotypical med spa services, like facials, medical services like injections cannot be provided by a licensed aesthetician and an aesthetician would not be able to own a business that provides medical services.

Non licensed individuals, or individuals who are licensed but are not able to provide med spa services independently or at all under their licensure type can pursue clinic licensure through the Department of Public Health for their med spa business. Alternatively, they can pursue an MSO structure, similar to how private equity is entering the healthcare space.

Ultimately, Massachusetts is clear on who can own and operate a med spa in the Commonwealth. Regardless of who you are or what type of licensure you hold, owners should ensure that their structuring is compliant with Massachusetts law. Failure to structure your business correctly could lead to investigation by DPH, shut down, and/or fines.

The health and business law attorneys at Pierce & Mandell, P.C. are available to advise on med spas. Feel free to contact Bill Mandell, Esq. at bill@piercemandell.com, Elpida Velmahos at elpida@piercemandell.com, or Julie Niejadlik, Esq. at julie@piercemandell.com for more information about our representation of owners and operators of med spas.

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