How to Open a Med Spa in Maryland

Do nurse practitioners have full practice authority in Maryland?

Maryland has passed a full-practice authority law that allows nurse practitioners to practice independently of a physician after certain criteria is met.

Is a salon license needed in Maryland?

In Maryland, a salon license is required for cosmetologists who want to operate a full-service beauty salon. Must submit approved use and occupancy permit from local zoning agency with license application.

1

Is malpractice insurance required in Maryland?

No, the laws on the licensing of physicians, physician assistants, nurses and other medical professionals do not require the purchase of medical professional liability insurance.

2

What business entity is required for a medical business in Maryland?

Maryland continues to follow the common-law “corporate practice of medicine doctrine,” which prohibits the ownership of medical practices by corporate entities, including professional service corporations, and limited liability companies.

3

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

Non-physicians and others who do not meet Maryland’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.

4

Does Maryland have special rules for laser cosmetic procedures?

In October 2002, the Board issued a Declaratory Ruling (00-1) stating that the use of lasers for hair removal is a surgical act. Only physicians, certified nurse practitioners, registered nurses under Board of Nursing Declaratory Ruling (9701), and physician assistants may use lasers for hair removal.

Also, effective August 23, 2010, the Board promulgated regulations on the Delegation and Assignment of Performance of Cosmetic Medical Procedures and Use of Cosmetic Medical Devices. The regulations define laser as a cosmetic medical device, govern the performance, delegation, assignment, supervision of cosmetic medical procedures and the use of cosmetic medical devices by a physician or under a physician’s direction. The regulations do not authorize the delegation of any duties to any person who is not licensed under the Health Occupations Article, Annotated Code of Maryland.
According to the regulations, cosmetic medical procedures may be delegated to a physician assistant or assigned to any other health care provider licensed under Health Occupations Article, whose licensing board has determined that the procedure falls within the provider’s scope of practice. An aesthetician is not a health care practitioner in Maryland. In addition, a physician must be licensed in Maryland before he or she may perform, delegate, assign, or supervise cosmetic medical procedures or the use of cosmetic medical devices. The person the physician may delegate to must have received training in accordance with regulations.

5

Does a medical director have to live in the state of Maryland to be the medical director of a practice in Maryland?

A medical director in Maryland should be a resident of Maryland.

6

What services can be performed by an aesthetician in Maryland?

Aestheticians in Maryland can perform body-hair waxing, body wrapping, brow shaping, facial extraction, facial waxing, hydra-facials, LED therapy, oxygen therapy, relaxation facial massages, skin detox, skin polish exfoliation, spray tanning, nano-needling, and dermaplaning.

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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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