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 Ms. Chang |
Media notoriety about incidents of patients put at risk, coupled with some high-profile bankruptcies and professional society lobbying have prompted state lawmakers in Florida, California, Mississippi, Washington, Kentucky, New York, Massachusetts, Indiana, Pennsylvania and New Jersey to either pass laws regulating the medical spa industry or considering doing so. Florida and California have led the way, with Florida last year passing a law severely limiting who could buy and use medical lasers and California enacting similar regulations. In April, the Sacramento legislature proposed a law that would essentially make nonphysician-owned medical spas illegal.
While many of the statutes are laudable attempts to ensure patient safety, many contain vague and even confusing language that observers in the industry believe will be subject to court challenges. In some instances, even state medical boards are baffled."The medical boards are not quite sure how to deal with the medspa phenomenon," acknowledges Hannelore Leavy, founder and executive director of both the International Medical Spa Association and the Day Spa Association. "Depending on who you talk to in each state, you may get a different answer. Even people on the same board will give you a different answer." The International Medical Spa Association is attempting to help its members navigate this legal course by offering a CD compendium of the legal, licensing and regulatory rules governing medical spas in all fifty states.
SERVICES & STAFFING The first step in staying trouble free, experts tell Cosmetic Surgery Times , is to have a clear definition of what services you plan to provide. In the view of some, the most profitable medspa business model has most procedures delegated to medically trained (nonphysician) staff — so-called "physician extenders." Typically, this means some combination of estheticians, LPNs (licensed practical nurses), nurses, nurse practitioners or physician assistants. "I would just write out a whole list of services you want to provide," says Donna L. Chang, R.N., B.S.N., who chairs the government relations committee of the Society of Plastic Surgery Skin Care Specialists. "Then you'll know who you need to hire."
Each state differs, but if your medspa plans to run the gamut from fillers and injectables, to heavy chemical peels, laser hair removal and cellulite and vein treatments, a physician assistant will probably need to be on site at all times. On the opposite end of the spectrum, if facials and light chemical peels are the upper limit, an esthetician will likely do, in Ms. Chang's opinion.
