Ohio Medical Aesthetic Legal Summary

AmSpa's Ohio Medical Aesthetic Legal Summary allows you to quickly reference the laws governing medical spas and aesthetic practices in your state. They are a list of commonly asked questions researched and prepared for easy use by a team of skilled lawyers at ByrdAdatto Law Firm.

Get Answers to Questions Like
  • Who can own a med spa?
  • Who can inject neuromodulators and fillers?
  • Who can fire a laser?
  • Are Botox parties legal?

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  • Ownership and Structure
  • Providers
  • Treatments
  • Business Operations
  • Marketing Your Med Spa

Ownership and Structure

What is a med spa and what is considered "the practice of medicine"?
  1. What procedures are considered the practice of Medicine?

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What is the corporate practice of medicine?

Who can own a medical spa?
  1. Can a non-physician own all or part of a medical spa?

  2. What is a Management Service Organization (MSO)?

  3. What type of entity may own a medical spa?

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What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?
  1. As a non-doctor, can I share in the profits of a medical spa?

  2. As a person without a medical license, how can I make money from a medical spa?

Can a chiropractor or dentist serve as a medical director?

In a medical spa, what decisions have to be made by a doctor?

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In a medical spa, who can make hiring and firing decisions?

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Can anyone other than a licensed physician use the initials M.D.?

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Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?

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Can a nurse, physician assistant or nurse practitioner take a commission for administering a medical treatment?

Providers

What is a physician assistant? What is a physician assistant's scope of practice?
  1. What is the scope of practice of a physician assistant in a med spa?

  2. Do physicians have to be physically present when a PA is performing services in a medical spa?

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What is a nurse practitioner? What is a nurse practitioner’s scope of practice?
  1. Does a physician have to be physically present while a nurse practitioner is performing services in a medical spa?

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Does a physician have to examine every new patient before the patient is treated at a med spa?
  1. What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it?

  2. Are there special written requirements for any orders or patient charts for physician assistants?

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  3. Can a PA perform cosmetic procedures such as operate lasers, inject Botox, and perform micro dermabrasion?

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  4. Can a PA hand pre-packaged medication to patients?

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What is a registered nurse or a licensed vocational nurse?

What is a medical assistant? What role do they play in a medical spa?
  1. Should a medical assistant be licensed to practice in this state?

  2. What is the legal scope of medical assistants in this state?

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  3. Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a nametag?

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  4. May medical assistants perform any procedure in a medical spa so long as they are properly supervised?

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  5. Are medical assistants allowed to pierce the skin?

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  6. Are medical assistants allowed to administer Botox or inject collagen?

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  7. Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?

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When is a physician-patient relationship needed? How is it established? Is a physician-patient relationship established by a consultation?

What is informed consent?

What type of records are medical spas required to keep of their patients?

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What is a DEA Registration Number?

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Treatments

Who can legally fire a laser in my state?
  1. Does a physician need to be on site during a laser procedure?

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  2. Can a registered nurse use a laser or intense pulse light device in a medical spa?

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  3. What are laser technicians and can they operate lasers under proper supervision?

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  4. Can an aesthetician, cosmetologist, electrologist or vocational nurses use lasers or intense light devices?

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Who can legally inject Botox/fillers/needless injections?
  1. Are Botox parties legal?

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Who can legally perform the following treatments:
  1. Microneedling and PRP/PRF

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  2. Light-emitting Devices

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  3. Dermaplaning

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  4. Cryolipolysis (Coolsculpting)

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  5. Permanent Makeup/Microblading?

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  6. Microdermabrasion

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  7. Energy based skin tightening: Radio frequency devices; Fibroblast

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  8. PDO Threads

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  9. IV Treatments

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Can an aesthetician or non-licensed professional perform microneedling, dermaplaning, microblading or microdermabrasion?

Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?

What regulations affect new and trending procedures?

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Business Operations

What is OSHA and does it apply to medical spas?
  1. What are some of the key responsibilities under OSHA for med spas?

  2. What’s the most frequently cited OSHA violation in medical spas?

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  3. Are lasers subject to OSHA requirements?

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What is the FDA and what do they do?

Does a medical spa need to obtain a license to operate?

What is HIPAA?
  1. What is the HITECH Act?

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  2. Who is a “covered entity” under HIPAA?

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  3. What administrative requirements are provided in the HIPAA Security and Privacy Rules?

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  4. Should a medical spa provide patients with a notice that includes how their health information will be used, and of the patient’s rights regarding their health information?

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  5. What are the requirements to distribute a Notice of Privacy Practices to patients?

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  6. Must a med spa make efforts to limit the use or disclosure of a patient’s PHI?

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Does my state have its own version of HIPAA? How does it differ?

I don’t accept insurance so am I still subject to HIPAA requirements?

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What are some of the safety measures that apply when handling needles/sharps?

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What are the common employer defenses to an allegation of a workplace violation?

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How often must a medical spa review and update their exposure control plan?

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Can a physician use a picture album containing patient photos?

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May a physician leave a message on a patient’s answering machine? Verify an appointment with a family member or spouse?

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Can a med spa text or email patients to convey confidential medical information?

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If a patient posted a message or a review on a medical spa’s social media page, can and how should the medical spa respond?

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May a med spa use a sign in sheet, or call out names of patients in the waiting room?

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Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia?

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Can medical spas sell retail products i.e. skin creams?

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Can staff take commissions on non-medical retail products?

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Do medical spas have to charge sales tax on retail products?

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Do I need to charge sales tax on procedures like Botox?

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Can a medical spa practice under a fictitious name or a "dba"?
  1. Which agency is responsible for fictitious name permits?

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  2. What are some of the requirements to receive a fictitious name permit?

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  3. Once the fictitious name permit is granted, must the physician also file for a fictitious name with their local county and city agencies?

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Can a medical spa require patients to sign an arbitration agreement as a condition for providing medical care?

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Marketing Your Med Spa

Can a medical spa advertise its professional services?
  1. How should a medical practice advertise its prices?

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  2. Can a medical spa include testimonials and endorsements by actual patients or models in its advertising?

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  3. Does a physician have to use his or her name in advertisements?

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I’ve heard that providing gift cards or reward programs in exchange for referrals is a “kickback.” Is this true? What are kickbacks?
  1. What are the anti-kickback statutes?

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  2. What are some examples of prohibited kickbacks and referral arrangements?

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  3. How do I properly incentivize my staff and patients to bring my med spa more business without engaging in kickbacks?

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Can a medical spa pay a person or entity to market the practice’s services?

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Can a medical spa offer discounts through Groupon or other similar social networking websites?

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Disclaimer: The information and answers contained in these frequently asked questions provide a general guide to certain laws that apply to "medical spas" in this particular state. The information on this site is for general reference only and accuracy cannot be guaranteed, as medical spa legalities and regulations change very frequently. This information is not intended to provide legal advice, and it should not be relied upon as legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers: You should not act upon this information without seeking knowledgeable legal counsel that takes the laws of your jurisdiction into account. All uses of the content of this site, other than personal uses, are prohibited.