Botox at the Mall? A Look at Medical Spas Under California Law

Mondaq ; Lucas, Carol
Imprudent medical spa owners could be held liable under California law by crossing the precarious line between administering aesthetic procedures and providing medical treatment. Many spas offer a variety of procedures usually performed by dermatologists and plastic surgeons, including dermal filler injections, collagen replacement therapy, photo facial rejuvenation, laser hair reduction, microdermabrasion, and chemical peels. These procedures often are advertised as cosmetic treatments; however, California's Medical Practice Act requires a medical license to use drugs in or upon human beings, to diagnose physical and mental conditions, to cut or penetrate the tissue of human beings, and to use other means in the treatment of disease, abrasions, deformities, or any other physical or mental conditions. Moreover, anyone who employs a physician and can influence his or her professional judgment must also be a licensed medical practitioner, and a physician must be on the premises any time these cosmetic procedures are being performed. If the medical spa is run as a professional organization, licensed physicians must hold at least 51 percent of the stock, but unlicensed persons are prohibited from becoming stakeholders. Medical spa owners who fail to observe the proper laws can lose their licensure and are liable to litigation.