IDFPR and IDPH Address the Responsibilities of Med Spas
On December 2, 2024, the Illinois Department of Financial and Professional Regulation (IDFPR) and the Illinois Department of Public Health (IDPH) issued a joint memo addressing medical spas (Med Spas). The agencies offer guidance on compliance with IDFPR and IDPH regulation, and stress the need to prioritize infection prevention in the Med Spa setting.
IDFPR offered guidance on several topics, including the following:
Who can own and operate a Med Spa?
- Med Spas may be owned and operated by licensed physicians. An advanced practice registered nurse (APRN) may also own and operate a Med Spa provided the services offered are within the APRN’s practice authority. Facilities providing cosmetology and/or esthetics services may not use a business name that includes “medical” terminology and must obtain a shop or salon registration with the IDFPR – these are not Med Spas.
- Physicians may form an entity under the Medical Corporation Act (“SC”), the Professional Service Corporation Act (“PC”) or the Professional Limited Liability Company Act (“PLLC”). With limited exceptions, all the shareholders, members, officers, directors or managers must be physicians.
- APRNs may form a PC or PLLC. All the shareholders, members, officers, directors or managers must be APRNs.
- Med Spas organized as an SC, PC or PLLC must be registered with IDFPR. A professional entity organized to practice medicine may not practice cosmetology or esthetics, or vice versa.
- A salon registration issued by IDFPR cannot be used to operate a Med Spa.
Who can provide services at a Med Spa?
- Licensed physicians may perform cosmetic procedures which affect the living layers of skin, and may prescribe and administer drugs including Botox and weight loss medication injections. Physicians may perform microblading without a body art license. With certain exceptions, physicians may also delegate medical procedures within the physician’s scope of practice to licensed staff practicing within their individual licensing act, or to unlicensed persons with appropriate training and experience provided that a licensed health care professional is on site. Physicians may not delegate a patient care task that is mandated to be performed by a physician.
- APRNs who possess Full Practice Authority may practice without a written collaborative agreement in all practice settings consistent with their national certification. APRNs must use local anesthetic only and may not perform operative surgery. APRNs may delegate nursing interventions to other registered professional nurses, licensed practical nurses, and to unlicensed personnel based on a comprehensive nursing assessment.
- Cosmetologists and estheticians may be employed by a Med Spa and perform tasks delegated by a physician or APRN. Such employees may not hold themselves out as practicing under their cosmetology or esthetics license while performing delegated procedures.
Special requirements:
- IDFPR has stated that the following procedures constitute the practice of medicine and are not within the scope of practice of a cosmetologist or an esthetician: Botox; chemical peels; collagen injections; colonics; liposuction; microdermabrasion (except superficial microdermabrasion); dermaplaning; microblading; microneedling; Radio Frequency; and HydraFacial machine treatment.
- Any procedure involving a laser classified by the FDA as a medical device must be performed by a licensed physician, or may be delegated by the physician to an assistant provided the physician examines the patient and determines an appropriate course of treatment.
- The use of a light emitting device that disrupts the epidermal surface of the skin is considered the practice of medicine. A physician may delegate the performance of ablative procedures with on-site supervision by the physician. Non-ablative procedures may be delegated provided there is on-site supervision by the physician, or the physician is available by phone or other electronic means to respond promptly to any questions. In all cases, a licensed or unlicensed person delegated the authority to perform ablative or non-ablative procedures must have received documented training.
IDPH noted that staff at Med Spas are designated as reporters for purposes of the laws requiring reports of communicable diseases. Also, Med Spas are considered health care facilities by the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration. Med Spas are urged to use the CDC’s Infection Prevention Checklist for Outpatient Settings and to follow OSHA recommendations for infection prevention.
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This article was written by Pat King.
For further information about the medical spa industry, contact Melinda at [email protected] or send a message through our contact form.