Opening a Medspa? Get Help With Compliance From a Lawyer

 Posted on March 18, 2025 in Medical License Defense

Medical spas, or "medspas," are an increasingly popular business venture, especially in high-end areas like Kenilworth, Oak Brook, Lakeview, and other affluent Illinois communities. Offering a blend of medical treatments and spa services, these businesses can be highly profitable — but they are also subject to complex regulations.

Opening and operating a medspa requires compliance with both medical and business laws. From ensuring proper licensing to avoiding allegations of unlicensed medical practice, legal pitfalls abound. At The Law Offices of Joseph J. Bogdan, Inc., we provide comprehensive guidance on medspa compliance. Our Illinois medical spa license defense attorney is an experienced lawyer and a licensed pharmacist, offering unique insight into the regulatory framework governing medical and aesthetic treatments, and knowledgeable defense against medspa audits by the IDFPR or Attorney General’s office.

Understanding Medspa Licensing and Ownership Laws

One of the first challenges new medspa owners face is determining who can legally own and operate the business. Illinois follows a corporate practice of medicine doctrine, meaning only licensed physicians can own and operate medical practices, including medspas. However, there are legal ways for non-physicians to structure their business.

Common legal structures for medspas include:

• Physician-Owned Medspas: A licensed physician owns and operates the medspa directly.

• Management Services Organization (MSO) Model: A non-physician forms an MSO, which handles administrative and business operations, while a licensed physician owns and supervises the medical portion of the business.

Setting up your business correctly from the start is essential for avoiding legal trouble. Our firm helps clients in Chicago, Kenilworth, and beyond navigate ownership laws to ensure full compliance.

Who Can Perform Medspa Procedures?

Medspas offer a range of services, including Botox injections, laser treatments, and dermal fillers. However, not just anyone can perform these procedures. Illinois law strictly regulates who can administer medical treatments and under what conditions.

Physicians can perform all medical procedures without supervision. Nurse practitioners and physician assistants may provide medical aesthetic services under physician supervision. Likewise, registered nurses can administer injectables and perform laser treatments under physician delegation. Estheticians and licensed cosmetologists may only perform non-medical treatments such as facials, chemical peels, and microdermabrasion.

Failure to comply with delegation and supervision rules can result in serious penalties, including license suspension and business closure. Our firm ensures that your medspa’s policies comply with Illinois law.

Advertising and Patient Consent Compliance

Marketing a medspa comes with its own set of legal considerations. Illinois law prohibits false or misleading advertising, which means claims about treatments must be backed by science. Additionally, patient testimonials and before-and-after photos must comply with HIPAA and other privacy laws.

Before performing any medical aesthetic service, medspas must also obtain informed consent from patients. This includes explaining the nature and purpose of the procedure, potential risks and side effects, expected outcomes, and alternative treatments.

A failure to secure proper consent can lead to malpractice claims and regulatory penalties. Our firm helps medspa owners create compliant consent forms and marketing materials to avoid legal exposure.

Get Help for Your Medspa from a Chicago, IL Medical Spa Compliance Attorney

Opening a medspa in Illinois can be a lucrative endeavor, but failing to follow compliance laws can lead to serious legal trouble. At The Law Offices of Joseph J. Bogdan, Inc., we help medspa owners in Illinois communities navigate Illinois’ complex regulatory landscape.

With experience as both a lawyer and a pharmacist, our Rockford, IL medspa license defense attorney has a deep understanding of medical and business regulations. If you are starting a medspa or need compliance guidance, call 630-310-1267 today for a free consultation.