The prospect of owning a medical spa in New York is an exciting one for entrepreneurs and non-medical health professionals. However, it is important to understand the legal requirements and regulations that come with owning a medical spa in the state. According to the legal doctrine known as “corporate practice of medicine”, only a doctor or corporation owned by a doctor can own a medical facility. In addition, only physicians or physician-owned corporations can charge patients' fees for the provision of medical services.
If you are considering opening a medical spa, it is essential to ensure that you comply with all relevant requirements and that your management services agreement accurately reflects your agreement. To help you get started, here is a comprehensive guide to the basics of owning a medical spa in New York. The American Med Spa Association (AMSpa) has multiple state guidelines available to the public on its site. They provide more specific information on medical spa guidelines for Florida, due to its growing number of regulated medical spas, and New York, due to its numerous differences between other states, to cover topics that many professionals may not be aware of.
An MSO (Management Service Organization) basically acts as the owner of the medical practice: it charges the doctor or the corporation owned by the doctor a fee for operating in their space and maintains the facilities to their liking. The MSO is also protected from any claims that may arise from medical malpractice or other liability on the part of the doctor or the corporation owned by the doctor. Management fee cannot be a percentage of medical office bills, and a fixed fee structure is ideal; however, it can be difficult to assess the value of management services when office success is difficult to predict. AMSpa events, including Medical Spa Boot Camps and Medical Spa Show, provide best business and legal practices to anyone entering the medical spa space or looking to improve their current business.
This growth means a lot of opportunities for entrepreneurs with appropriate medical training, who want to provide non-surgical aesthetic procedures to customers. Failure to operate in accordance with the law could result in significant liabilities for all parties involved, including substantial fines, loss of a medical license, and penalties related to practicing medicine without a license. For medical professionals and entrepreneurs trying to figure out how to start a medical spa business, it can be difficult to find the legal requirements of medical spa. AmSpa members receive access to legal summaries of the laws governing medical spas in their state, access to an exclusive medical spa insurance program, and many other benefits.