Bill Name: Senate Bill 1728 (SB 1728) | House Bill 1429 (HB 1429)

Primary Sponsor: SB1728 Sen. Joe Gruters | HB1429 Rep. Chase Tramont

Status: SB1728 01/16/2026 Referred to Health Policy; Appropriations Committee on Health and Human Services; Fiscal Policy | HB1429 01/15/2026 Health Professions & Programs Subcommittee

AmSpa’s Take: There has been a growing national trend to regulate and license medical spas and aesthetic practices. This bill takes a unique approach and places enforcement under the pharmacy board and focuses on the medications offered.

Analysis: Currently in Florida, medical spas are regulated similar to other medical practices but with special supervision requirements. If passed, SB 1728 and its identical companion HB 1429 would create licensing and practice requirements for medical spas and their use of prescription medications.

Under SB 1728, a medical spa is defined to mean a facility or practice that offers medical services and that prepares, administers, or dispenses medication offering to provide cosmetic or lifestyle treatments including weight loss, wellness, longevity, or cosmetic or aesthetic health services. Facilities that hold a different state license are exempt from this definition. If passed, SB 1728 would require that, starting July 1, 2026, all medical spas would need to apply for a registration as a medical spa. Failure to register can result in disciplinary action, fines, suspension or revocation of license. The information for registered medical spas would be included in a public database. As part of obtaining a registration, every medical spa must designate a “responsible person” who is a licensed healthcare practitioner with supervising authority. This person must be physically present on site for a sufficient amount of time to perform their responsibilities and ensure compliance. Board approval may be needed for a responsible person to oversee more than one location. 

Licensed medical spas are considered a “dispenser” under the Federal Food, Drug, and Cosmetic Act and must comply with those requirements. Additionally, medical spas may only acquire prescription medication from appropriately licensed persons or entities, such as pharmacies. Drugs must be stored in an appropriate manner with supervision and access control at all times. Medical spas must enact procedures to detect and deter theft and diversion of drugs. Licensed medical spas are required to report all adverse incidents to the pharmacy board within five business days. The board is empowered to enter and inspect medical spas and investigate violations. 

SB 1728 would also make it a violation of the Florida Deceptive and Unfair Trade Practices Act to make misrepresentations about prescription medication. These include representations as to the medication’s:

• Quality, grade, or particular standard;
• Sponsorship, approval, characteristics, ingredients, uses, or benefits;
• A function similar to a drug approved by the Food and Drug Administration (FDA); or
• Approval from the FDA.

Most bills that seek to regulate medical spas are usually under the responsibility of the medical board. This one is somewhat unusual in placing enforcement and oversight with the pharmacy board. Of note, a very similar bill has been introduced in Indiana. If you would like additional information, to read the language of this bill or to contact the sponsors or committee, you can find the information you need through these links: SB 1728 and HB 1429.