Necessity is the mother of invention, so says the English proverb. The need to marry the healing benefits of the spa and fitness industry with Western medicine may not have been apparent until recently, but today many people would miss the convenience and benefits of Medical Spas. The National Coalition of Estheticians, Manufacturers / Distributors and
Associations (NCEA) defines a medical spa as being, “A facility that during all hours of business shall operate under the on-site supervision of a licensed healthcare professional operating within their scope of practice, with a staff that operates within their scope of practice as defined by their individual licensing board if licensure is required. The facility may offer traditional, complementary, and alternative health practices and treatments in a spa-like setting.[i]”
As becoming increasingly popular, medical spas are also becoming more regulated, but some restrictions are relaxing — at least in Illinois.
Medical spas often provide cosmetic procedures, considered medical, including laser hair removal, Botox injections and microdermabrasion. Most states require the medical supervision of a licensed physician. In many states, a lack of medical supervision in med spa facilities caused crackdowns in non-compliant operations. In Illinois the Department of Financial and Professional Regulations (“IDFPR”) oversees and investigates the med spa industry. In December 2010, the IDFPR published a news release regarding doctor supervision at medical spas, “State Warns Holiday Shoppers to Remember: Safety First.”
The law in Illinois controlling the Medical Spa industry is the Medical Practice Act of 1987. Recently, Governor Pat Quinn signed a law amending the Medical Practice Act to expand the role of Advanced Practice Nurses, including nurse practitioners, as noted in a recent press release.[ii] The new law amends Section 54.5 of the Medical Practice Act concerning nurse practitioners and Advanced Practice Nurses.
Medical spas Nurse Practitioners play a (now expanded) important role in the Med Spa industry.
The recent press release highlighting the changes to the Medical Practice Act state that prior to the change, “Nurse Practitioners (NP’s) were limited to practicing only those medical services that the NP’s collaborating physician provided to patients in his or her clinical medical practice. The written collaborative agreements required between NP and their collaborating physicians (which laid out the details of the collaborative arrangement) were also restricted to services the collaborating physician provided to patients.[iii]”
With the change in the law, Nurse Practitioners may now perform laser hair removal treatments and inject Botox as part of their normal patient practice, and those procedures are not restricted by the limits of collaborating physician providers. The language of the Act now states, “The written collaborative agreement shall be [between an APN and a collaborating physician] for services the collaborating physician generally provides or may provide in his or her clinical practice.[iv]” The key change being the phrase “or may provide” that broadens the scope of the Nurse Practitioner.
Michael V. Favia & Associates serve professionals in the Med Spa industry.
Professionals in the Med Spa industry have a duty to uphold policies and laws controlling the practice and delivery of health and medical services in local spa facilities. Michael V. Favia & Associates works with Med Spa owners to help make sure they operate in compliance with applicable laws and regulations. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discreet meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates’ professional licensing work, please visit www.IL-Licensing.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter.
[i] The National Coalition of Estheticians, Manufacturers / Distributors and Associations website:Medical Spa Definition.
[ii] PR Web:AmSpa News Alert: Illinois Nurse Practitioners Get Expanded Role. Mar. 31, 2014.
[iii] See PR Web Article above.
[iv] See PR Web Article above.
