Medical spas have surged in popularity across Illinois, offering everything from Botox and dermal fillers to weight-loss injections. With this rapid growth, state regulators are tightening oversight to ensure patient safety and legal compliance. The Illinois Department of Financial and Professional Regulation (IDFPR) and the Illinois Department of Public Health (IDPH) recently issued a joint memo outlining the rules governing medical spa ownership, supervision, and infection control. If you own or operate a medical spa, or are considering opening one, here’s what you need to know.
Who Can Own and Operate a Medical Spa?
In Illinois, medical spas are considered medical facilities, meaning they can’t be owned by just anyone. Only licensed physicians and advanced practice registered nurses (APRNs) with full practice authority can own and operate these businesses. Unlike traditional spas or beauty salons, medical spas offer treatments that are considered to be the practice of medicine, so corporate ownership is restricted to medical professionals.
The structure of the business also matters. Medical spas can be set up as medical corporations, professional service corporations, or professional limited liability companies (PLLCs). However, only physicians can organize under the Illinois Medical Corporation Act, while APRNs are limited to PLLCs or professional service corporations. Non-medical professionals – meaning investors or business managers without medical licenses – cannot be shareholders, officers, or decision-makers in a medical spa.
Who Can Perform Med Spa Procedures?
One of the biggest sources of confusion in the medical spa industry is who can legally perform procedures. Illinois has made it clear: procedures that affect the living layers of skin, such as Botox injections, chemical peels, laser treatments, and microblading, are considered medical treatments – not beauty services.
Licensed physicians have the broadest scope of practice and can both perform and delegate these procedures. APRNs with full practice authority can also perform and prescribe treatments, though they must have a physician consultation prior to prescribing opioids or benzodiazepines. Registered nurses (RNs) may carry out delegated tasks as long as they have proper supervision.
However, estheticians are strictly prohibited from administering Botox or dermal fillers, performing microneedling, or performing any procedure involving lasers. Even if an esthetician works at a medical spa, they cannot perform medical procedures unless directly delegated and supervised by a physician. This means that services like laser hair removal or injectables must always be performed by a licensed medical professional.
Supervision Requirements: Keeping It Legal
Regulators are emphasizing the need for proper supervision in medical spas. Certain treatments require onsite physician oversight, especially those involving lasers. Non-ablative procedures such as laser skin rejuvenation can sometimes be performed with remote supervision, but the supervising physician must be readily available to address complications.
Physicians who delegate treatments must ensure that the person performing them is properly trained and working within their legal scope of practice. Simply hiring an RN or esthetician and assuming they can handle injections or lasers without oversight is a major compliance risk.
Infection Control: Medical Spas Are Healthcare Facilities
Infections linked to cosmetic procedures are rare, but they do happen. Because medical spas perform procedures that break the skin, they fall under healthcare facility guidelines when it comes to infection control. The state’s memo reinforces the importance of following CDC and OSHA protocols for safe injection practices, sterilization of equipment, and overall hygiene standards.
All medical spa employees are considered mandatory reporters when it comes to infections. If a patient develops a serious skin infection, it must be reported to the local health department. Medical spas should also have at least one staff member trained in infection prevention to ensure compliance with safety regulations.
Advertising Rules: No Misleading Claims
Illinois has strict rules when it comes to how medical spas can advertise. Businesses that provide medical services cannot market treatments in a way that misleads consumers about the nature of their practice. This means a beauty salon cannot call itself a “medical spa” unless it is actually licensed as a medical facility.
Additionally, medical spas cannot use the word “medical” in their name unless they are properly licensed to provide medical services. This prevents non-medical businesses from misleading clients into thinking they offer legitimate healthcare services.
Stay Compliant and Protect Your Med Spa
Illinois is making it clear: medical spas must be run like medical practices. That means following strict ownership rules, ensuring that only qualified professionals perform treatments, and maintaining rigorous infection control measures. With regulators keeping a close eye on compliance, medical spa owners need to be proactive in understanding the law and structuring their businesses correctly.
If you operate a medical spa or are thinking about opening one, now is the time to ensure you’re on the right side of the law. Staying compliant not only protects your business from legal trouble but also safeguards your clients. In the world of esthetics, safety and professionalism are just as important as results.
Need Help Navigating Illinois Med Spa Laws? Lengea Can Help.
Understanding and complying with Illinois’s medical spa regulations can be overwhelming, but you don’t have to do it alone. Lengea specializes in helping medical spa owners structure their businesses legally, stay compliant with IDFPR and IDPH regulations, and avoid costly legal pitfalls.
If you have questions about ownership, supervision, delegation, or compliance, contact Lengea today. We’ll help you make legal worries disappear so you can focus on growing your medical spa the right way. Schedule a consultation or contact us today for more information.