How to Open a Med Spa in California

Who can own a medical spa or IV hydration business in California?

California prohibits the corporate practice of medicine (CPOM), meaning that only licensed physicians may own and operate a medical practice in California.

California law also permits certain types of professionals to partner with physicians in a 51%/49% structure.

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How can non-MDs get involved in the IV hydration and medical spa business in California?

Non-physicians and others who do not meet California’s qualifications for owning a professional practice can participate in the day-to-day operations of a medical spa by owning a management services organization (MSO) to help manage the business and administrative side of the medical practice.

California law also permits certain types of professionals to partner with physicians in a 51%/49% structure.

Under recently passed laws, some California nurse practitioners will be eligible to own a medical spa starting in 2026.

1

Do nurse practitioners have full practice authority in California?

No, nurse practitioners do not have full practice authority in California; however, California recently passed laws expanding the scope of practice for nurse practitioners, allowing them to practice without standardized procedures in a group setting once certain criteria are met.

2

Can a nurse practitioner be a medical director in California?

After three years of practicing without standardized procedures in a group setting, nurse practitioners in California will be able to apply for full practice authority under the new law. This will allow some nurse practitioners to serve as medical directors beginning in 2026.

3

Can a chiropractor or dentist serve as a medical director in California?

A chiropractor or dentist cannot be a medical director in California.

4

Can a physician assistant serve as a medical director in California?

A physician assistant may not serve as a medical director in California.

5

What services are considered medical services in California?

Neurotoxins, fillers, lasers (including for hair removal), and IV hydration are some of the common medical spa services that are considered to be the practice of medicine in California and are required to be performed by medical professionals in a professional medical office.

6

What services can be performed by an aesthetician in California?

A California-licensed aesthetician can perform facials, massaging, stimulating, exfoliating, cleansing, or beautifying the face, scalp, neck, hands, arms, feet, legs, or upper part of the human body by the use of hands, aesthetic devices, cosmetic products, antiseptics, lotions, tonics, or creams for the purpose of improving the appearance or well-being of the skin that do not result in the ablation or destruction of the live tissue perform skin care services. Some common aesthetician services are dermaplaning, non-medical facials, micro-dermabrasion, and superficial peels.

7

Who can perform laser hair removal in California?

In California, laser hair removal can only be performed by physicians or by physician assistants or registered nurses acting under the supervision of a physician.

8

Is a salon license needed in California?

This depends on what procedures the medical spa offers. For example, if you are offering facials, you will need a salon license in California.

9

Is malpractice insurance required in California?

California does not mandate malpractice insurance coverage outside of outpatient surgery settings, but it is strongly recommended.

10

What business entity is required for a medical practice in California?

In California, professional services, including professional medical services, can be offered only by an individually licensed practitioner, professional partnership or professional corporation.

11

Practice Areas

Business Law

Business Law

Employment Law

Employment Law

Intellectual Property Law

Intellectual Property Law

Medical Spa Law

Medical Spa Law

Business Consulting

Business Consulting

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