You need to know the medical spa requirements in California if you want to establish your business in this state. But with capital to start with, skills, and experience, the things that may be bothering you most are: the set-up process, approval time, state laws involving your industry, your qualification to perform the services you want to offer (i.e., Botox, laser hair removal, microdermabrasion, etc.)
Familiarity with the set-up procedures and the rules will lessen your difficulty, but you still have the actual process to go through. If you choose to complete the submission on your own, the risk of rejection is higher.
Accuracy is key. There is always the risk of being denied because you lack documentation, you missed a step, or are not aware of the laws. It will be worth your time and money to work with a business lawyer who will guide and help you complete your medical spa requirements in California and operate in no time.
What is a Medical Spa?
You should not confuse a day spa with a medical spa. Day spas are all about providing you comfort and relaxation (i.e., body massage, basic facial, etc). Medical spas offer a similar lineup plus other aesthetic services that involve medical procedures performed by licensed physicians.
Some of the services that medical spas offer include skin tightening, injectable dermal fillers, non-surgical fat reduction procedures, acne treatments, laser hair removal, and Botox treatments, among others.
California Laws on Medical Spa Business
These days, a medical spa is a huge business. The growing number of people aiming for self-improvement seek high-quality and long-term skincare solutions in medical spas. This is one reason why a lot of health care professionals find this a promising venture profit- and career-wise.
What people should know, however, is that many states require medical spas to be physician-owned. The same thing is required in the state of California, but there is more to it.
Can You Operate Your Medical Spa Business in California as an LLC?
The state of California requires that medical businesses operate in the form of a Professional Corporation. If you have an existing medical spa as an LLC (limited liability company) in another state and want to expand in California, you will have to convert it to a Professional Corporation. At the same time, this professional corporation must be owned by a physician.
Professional Medical License: Who Can Own a Spa in California?
Only medical professionals can form a professional medical corporation. Secure an updated medical license if you are one of the following:
- Doctor
- Nurse
- Therapist
- Podiatrist
- Chiropractor
- Clinical social worker
- Assistant physician
- Psychologist
- Pharmacist
- Dentist
- Optometrist
- *other medical professions with a license
California Law Covering Medical Spa Services
Among the common services offered by Med-Spas are Botox injections, laser hair removal procedures, and microdermabrasion, all of which require a licensed physician’s supervision. Those who would be found in violation of this law face a number of sanctions, including license discipline and felony charges.
Botox Laws in California
Botox injection is a serious procedure. For this reason, California law prohibits unlicensed medical assistants from administering Botox injections. Only physicians may perform this procedure. Physician assistants and registered nurses may also inject Botox but only under a physician’s supervision.
California Laser Hair Removal Laws
Laser hair removal, spider vein removal, and tattoo removal are some of the popular services offered in many medispas. Not all employees can perform this procedure, however. California law states that only a licensed physician or under the direct supervision of a licensed physician can procedures that involve lasers and other intense pulse light devices be performed.
It is illegal for the following employees to perform these procedures independently:
- Medical assistants
- Licensed vocational nurses
- Cosmetologists
- Electrologists
- Estheticians
- Registered nurses
- Physician assistants
A licensed physician should always be present while the procedure is ongoing.
California Law on Microdermabrasion
Microdermabrasion is another in-demand procedure among medispa clients. It is a minimally invasive procedure for treating skin issues such as fine lines, wrinkles, scars, acne, age spots, and melasma, among others. The California business laws also cover this procedure but with limitations.
If the procedure will only affect the skin’s surface (stratum corneum), it is considered a cosmetic treatment, and a licensed aesthetician or cosmetician is allowed to perform it without supervision.
On the contrary, if the procedure penetrates the deeper layer of the skin (scar removal, blemish, and wrinkle treatments), it is considered a medical treatment, and only a licensed physician can perform it. Registered nurses and physician assistants are allowed to carry it out under a licensed physician’s supervision.
Physicians can hire licensed estheticians or cosmetologists who possess an Establishment License from the Board of Barbering and Cosmetology for cosmetic procedures. Only in licensed establishments can licensed cosmetologists and estheticians perform these procedures.
An Overview of the Medical Spa Requirements in California
Knowing the laws and medical spa requirements in California before taking any action can save you a great deal of time and money. Your chances of being registered and getting your business up and running sooner increase if you already know what to do and what to submit to the California Secretary of State.
Here’s an overview of what you should work on.
Business Name
The business name is one of the most important aspects of your business. This will represent your company to the public as a whole, and you need to be precise about it. Here are some rules you need to know when it comes to business names:
- Think of a business name but with California’s naming rules in mind.
- Make it unique. You can use the California Secretary of State website’s business name search feature
- Your business name must contain the words ‘Corporation’ or ‘Incorporated’ and ‘Limited’ if LLC.
- If you choose to operate under a name different than your registered business name, filing a ‘Fictitious Name’ permit with the Medical Board of California is required.
Articles of Incorporation
The Articles of Incorporation is an important document that lets you operate in the state of California. This formalizes the creation of your corporation. Prepare your business’ Articles of Incorporation, file it with the Secretary of State, and pay the appropriate filing fee. You can submit this personally at the Secretary of State’s office, online, or with the help of an attorney.
Appointments, Bylaws, and EIN
As you prepare your Articles of Incorporation, you can hold a board meeting and appoint officers, as well as prepare the draft of your corporation’s bylaws. At the same time, you can apply for an Employer Identification Number (EIN).
Avoid Mistakes and Get Legal Assistance to Set-Up Your Medical Spa Business in California with Ease
Entrepreneurs who are not familiar with the state’s business laws may be in for a challenge in terms of medical spa requirements in California. You could use the information you get from the Internet or by asking the authorities yourself, and still be out of compliance. Ignorance of the law could cost you and you also do not want to put yourself at legal peril.
Working on the requirements and submissions, and waiting can steal away your attention from your business. Instead of focusing on making important business decisions, marketing, strategizing, and building your clinic, you get buried in paperwork.
Missing one step could delay the registration process. The fines and penalties for incorrect filing are also huge inconveniences. If you want to avoid all of the mess and get down to business quickly without problems, it is best to hire a legal team to take care of the paperwork.
We at California Professional Medical Corporations are what you need. Our team can help you form your business without issues so you can focus on the more important matters. We offer complete, turnkey solutions to help you create a professional medical corporation specifically tailored for California. We have expert professionals and attorneys who will work with you one-on-one and set up your professional medical corporation seamlessly.
Contact us today to know your options and we will get down to business right away!
