Medical spas are becoming more popular in Illinois, offering treatments like Botox, fillers, and weight-loss services. As the industry grows, state regulators are paying closer attention to ensure these businesses follow medical and business laws. If you own a medical spa or are thinking about starting one, it's important to understand the rules that apply.
The Illinois Department of Financial and Professional Regulation (IDFPR) and the Illinois Department of Public Health (IDPH) oversee these regulations, enforcing standards that medical spa owners and operators must follow.
Who Can Own and Operate a Medical Spa in Illinois?
Illinois follows the corporate practice of medicine doctrine, which means that only licensed physicians can own a medical spa. Non-physicians cannot independently own or operate a med spa, though they may assist in its administration. Any business entity that owns a med spa must be structured as a medical corporation, professional service corporation, or professional limited liability company—all of which are subject to state licensing and regulation.
Because medical spas offer treatments that count as medical procedures, they also have to follow patient care and physician supervision guidelines. A licensed physician with experience in aesthetic medicine must oversee treatments.
Med Spa Licensing and Compliance in Illinois
All medical spas in Illinois must be licensed through the IDFPR. This includes meeting stringent requirements for facility cleanliness, staff qualifications, equipment maintenance, and record-keeping. The facility’s director must have the proper credentials, education, and experience to oversee patient care and ensure that all treatments are provided within legal and ethical guidelines.
Failure to comply with licensing requirements can result in serious consequences, including fines, license suspension, or permanent closure. Ensuring adherence to all state regulations from the outset can help avoid these penalties.
Regulatory Standards and Inspections
Medical spas must comply with Illinois’ healthcare facility regulations, particularly regarding infection control and patient safety. Because med spas perform procedures that break the skin, they are held to similar sterilization and hygiene standards as other healthcare providers. This includes following CDC and OSHA protocols for infection prevention, proper equipment sterilization, and safe injection practices.
Regulators also emphasize the importance of proper supervision within medical spas. Many procedures require on-site physician oversight, especially those involving lasers or injections. While some non-ablative treatments may be performed with remote supervision, a qualified medical professional must always be readily available to address any complications.
Consequences of Non-Compliance
If a medical spa fails an inspection or is found to be in violation of regulatory standards, the IDFPR may take disciplinary action. This can include:
- Fines and penalties
- Temporary or permanent license suspension
- Closure of the facility
- Legal action against the spa’s owners or supervising physicians
To avoid these consequences, medical spas should ensure that all policies, procedures, and staffing comply with Illinois regulations.
What to Do If You Receive a Complaint or Investigation Notice
Medical spa owners and operators must take any complaint or notice of investigation from the IDFPR seriously. If your facility is under investigation due to a complaint, it is critical to respond promptly and take the necessary steps to address any issues. Legal representation can help guide you through the process, ensuring that your rights and business interests are protected.
Illinois’ Crackdown on Medical Spa Regulations
With the increasing number of medical spas in Illinois, state regulators have intensified enforcement efforts. In recent years, there have been more inspections and disciplinary actions against facilities that fail to meet compliance standards. Common violations include unlicensed ownership, lack of proper supervision, and failure to maintain hygiene and safety protocols.
Medical spas must stay informed about regulatory updates and take proactive steps to ensure full compliance. If you operate or are planning to open a med spa in Illinois, consulting with legal professionals can help you navigate the complexities of state laws and avoid potential legal challenges.
What Happens if a Medical Spa Fails an Inspection or Breaks the Rules?
Not following state regulations can lead to serious consequences. If an inspection finds safety issues, improper treatment practices, or licensing problems, the business could face fines, legal action, or even be shut down. The state may also take disciplinary action against the supervising physician’s medical license. The Callahan Law Firm can help. Our experienced attorneys provide legal guidance to medical spa owners throughout Illinois, ensuring they meet all regulatory requirements while protecting their business.
Contact us today to schedule a consultation and safeguard your medical spa’s future.
