Five legal considerations for starting a medical spa.

• Author: Riordan, Meghan

Medical spas are on the rise in South Carolina. Now that we are coming out of the COVID-19 pandemic, people across the state seem ready to take the wrinkles from the last two years off their faces and who can blame them?

So it is no surprise that we have seen an increase in the number of medical professionals looking to shift away from traditional medical and nursing services (and all the government and private insurance headaches that go along with them) toward the cash business of opening medical spas. However, despite less rigorous regulatory requirements and a simpler payment structure, South Carolina providers looking to start medical spas and/or provide related services still have several legal issues to consider before opening for business.

If you are considering starting a medical spa business or providing related services, here are some things for you to consider:

Are you licensed?

Any good health care attorney should ask you this question because the answer will guide the structure and operation of your business. If you do not have a South Carolina medical or nursing license, you should still be able to move forward with your plans, but you will need to have solid contractual relationships with South Carolina licensed providers to provide certain services such as laser treatments and Botox injections. To avoid corporate practice of medicine concerns and ensure your proposed compensation structure complies with South Carolina law, always have your contracts with providers reviewed by an attorney.

If you are a South Carolina licensed physician, you may want to consider how much time you intend to spend onsite at the medical spa do you want to be there every day, a few days a week, a few days a month? The answer to this question will influence the providers you hire and the services you provide. If you do not plan to be at the spa every day, you may consider hiring a nurse practitioner to provide services and supervise other staff.

If you are South Carolina licensed nurse or nurse practitioner, you will need to develop a contractual and supervisory relationship with a South Carolina licensed physician in order to properly operate your medical spa. Unless you have a physician onsite, you may not be able to provide all services.

If you want to start a business with more than one type of licensed professional, you will need to carefully consider the structure and organization so as not to run afoul of South Carolina law.

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