How to Open a Med Spa in New Hampshire

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

New Jersey prohibits the corporate practice of medicine (CPOM), meaning only licensed physicians can own and operate a medical practice in New Jersey. However, “closely allied” professionals such as physician assistants, nurse practitioners, and registered nurses may own a minority share of a medical practice with a physician.

Non-physicians and others who do not meet New Jersey’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.

Do nurse practitioners have full practice authority in New Jersey? Can a nurse practitioner be a medical director in New Jersey?

Nurse Practitioners are not currently eligible for full practice authority in New Jersey. A Nurse Practitioner cannot currently act as a medical director in New Jersey.

1

Can a physician assistant serve as a medical director in New Jersey?

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

2

What services are considered medical services in New Jersey?

Neurotoxins, fillers, lasers, and IV hydration are some of the common medical spa services that are considered to be the practice of medicine and are required to be performed by appropriate medical or nursing professionals.

3

Is a salon license needed in New Jersey?

This depends on what procedures you are offering.

4

Is malpractice insurance required in New Jersey?

Yes, malpractice insurance is required in New Jersey.

5

What business entity is required for a medical practice in New Jersey?

Licensed professionals in New Jersey can form either a professional corporation (“PC”) or a limited liability company (“LLC”) for a professional purpose as long as all owners are professionals; professional limited liability companies (“PLLCs”) are not recognized in New Jersey. New Jersey also requires medical spas to register as domestic professional corporations; foreign corporations formed in other states are not allowed.

6

What services should a new medical spa offer and what should business owners consider regarding proper handling of medical spa equipment in New Jersey?

Legea Law advises new business owners to offer only a few popular services until their business and client base grows. Anyone handling any equipment or providing any treatment or services to patients must be appropriately licensed to do so and have the proper delegated authority from a physician. For example, under New Jersey law, ablative lasers may only be operated by a physician.

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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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