Can Non-Physicians Own a Medical Spa in Florida?

This is a common question for entrepreneurs interested in the booming aesthetics industry. Florida has specific laws regarding the ownership and operation of medical spas, primarily centered around the corporate practice of medicine doctrine. Florida does not have a corporate practice of medicine doctrine that bars non-physicians from owning a medical practice or medical spa. Instead, the Health Care Clinic Act requires an entity that provides health care services and tenders charges for reimbursement to hold a clinic license from the Agency for Health Care Administration unless an exemption applies. Understanding how this applies to your medical spa is crucial, and a business law attorney can guide you through the nuances.

In Florida, medical treatments offered at a spa, such as Botox injections or laser treatments, are classified as medical procedures. As a result, they must be performed under the supervision of a licensed healthcare professional, a physician, or a nurse practitioner, physician assistant or registered nurse acting within their license (ss. 458.303, 464.003 and 464.012, Fla. Stat.). While non-physicians can technically own a medical spa, they cannot independently control or dictate the medical aspects of the business. This means establishing a compliant structure, such as a management services organization (MSO), is often necessary. An attorney focused on healthcare law can help design this structure to align with Florida regulations.

Drafting agreements between the non-physician owner and the supervising medical professional is another critical legal consideration. These agreements must clearly outline roles, responsibilities, and compensation to ensure compliance with both state and federal laws. Additionally, non-compliance can result in severe penalties, including fines, loss of licensure for the medical professional, and even the forced closure of the business. This highlights the importance of legal oversight during the planning and operational phases.

Finally, don’t overlook the importance of ongoing legal compliance and consultation. Florida’s laws around medical spas are complex and subject to change. Working with an attorney helps you stay informed about regulatory updates and maintain compliance to protect your investment. Whether you’re planning to open or currently operating a medical spa, legal guidance is essential to safeguarding your business while meeting Florida’s legal and ethical standards.

Related reading

• Starting an Aesthetic Practice in Florida: Legal Considerations
• Are Medical Spas Subject to the Corporate Practice of Medicine Doctrine in Florida?
• Launching a Medical Spa in Florida: Key Legal Steps and Regulations
• Legal Considerations for Setting Up a Medical Spa: Essential Steps and Regulations

Practice area: Med Spa Attorney in Florida: Buying and Selling a Med Spa