Opening a medical spa (med spa) in Illinois can be a lucrative venture, but it requires careful planning and adherence to state regulations. Med spas offer a combination of medical and aesthetic treatments, such as Botox, laser therapies, and facials. Because these services include medical procedures, Illinois requires specific licensing and compliance with healthcare laws.
1. Professional Licensing Requirements
Licensed Medical Professional
Illinois law mandates that medical spas must operate under the supervision of a licensed medical professional, such as a physician (MD/DO). This is because many services offered at med spas, such as injectables and laser treatments, are considered medical procedures.
- They are responsible for overseeing all medical services and delegating treatments to qualified staff.
Delegation of Services
Non-physician practitioners, such as nurse practitioners (NPs), physician assistants (PAs), or registered nurses (RNs), can perform specific procedures if delegated by the supervising physician. However:
-
Delegated staff must have the appropriate licenses (e.g., RN license, advanced practice registered nurse license) to perform these treatments.
The supervising physician must ensure that all staff are properly trained and qualified.
2. Business Licenses and Permits
General Business License
Every business in Illinois, including med spas, must obtain a general business license. This license allows you to legally operate a business within the state.
- Apply for a business license with your local city or county government.
Certificate of Registration
If your med spa sells retail products, such as skincare items or cosmetics, you’ll need a Certificate of Registration to collect sales tax. This can be obtained from the Illinois Department of Revenue.
3. Healthcare Facility Licensing
Although med spas are not considered healthcare facilities in the traditional sense, Illinois regulations still apply when offering medical services. Depending on the scope of your med spa, you may need to register as an outpatient clinic or healthcare provider.
Medical Corporation or Professional Corporation
Illinois law prohibits non-physicians from owning medical practices. However, non-physicians can own the non-medical aspects of a med spa, such as operations and marketing, provided that the medical services are under the direct supervision of a licensed physician.
To comply with the Corporate Practice of Medicine Doctrine:
- The medical services portion of the med spa must be owned and controlled by a licensed physician or a medical corporation.
- Non-medical aspects, like spa services or administrative functions, can be owned by a non-physician entity.
4. Staffing and Training Requirements
Staff Licensing
All staff members who perform treatments at the med spa must hold appropriate licenses:
- Licensed Aesthetician: For non-medical treatments like facials, waxing, or basic skincare services.
- Registered Nurse (RN) or Advanced Practice Nurse (APN): For injectables, microneedling, or other procedures requiring medical supervision.
- Laser Certification: Some procedures, like laser hair removal, require specialized training and certification.
Supervision and Protocols
The medical director (a licensed physician) is responsible for:
- Developing protocols for all treatments.
- Providing ongoing training and supervision for the staff.
- Ensuring compliance with Illinois medical laws.
5. Insurance Requirements
To protect your business, staff, and clients, ensure you have adequate insurance coverage:
- Professional Liability Insurance: Covers malpractice claims related to medical treatments.
- General Liability Insurance: Covers non-medical claims, such as slip-and-fall accidents.
- Workers’ Compensation Insurance: Required if you have employees.
6. Marketing Compliance
Illinois has strict rules regarding the advertising of medical services:
- Avoid making misleading claims about treatments or results.
- Ensure that all marketing materials comply with the Illinois Medical Practice Act.
Opening a medical spa in Illinois involves navigating a range of licensing and compliance requirements. From securing a licensed medical director to obtaining business permits, each step is critical to ensuring your med spa operates legally and successfully.
Ready to open or grow your med spa in Illinois? Contact Wellness MD Group today to learn more about the medical director services.
