Medical spas, or med spas, offer a variety of aesthetic treatments, from laser procedures to injectables like Botox. Because these treatments often involve medical procedures, med spas in Illinois must follow strict regulations enforced by the Illinois Department of Financial and Professional Regulation (IDFPR). Failure to comply can lead to disciplinary actions, including license suspension or revocation.
Losing a professional license can put a med spa’s entire operation at risk. Owners facing IDFPR investigations often struggle with how to respond, correct compliance issues, and protect their business. Callahan Law Firm is dedicated to helping medical spa owners navigate these challenges, defend their licenses, and continue serving clients.
Common Reasons for Med Spa License Discipline
Med spas in Illinois can face scrutiny from the IDFPR for a range of compliance violations, including:
- Unlicensed practice: Med spas must be overseen by licensed healthcare professionals. If treatments are performed by unqualified individuals or if procedures exceed a provider’s legal scope, it can lead to serious consequences.
- Inadequate supervision: Illinois law requires that medical professionals oversee all aspects of patient care, from initial consultations to follow-ups. Any claims of improper supervision, failure to obtain informed consent, or neglect in patient care may result in disciplinary action.
- Misleading marketing: Advertising must follow strict IDFPR guidelines. False claims about services or guarantees of specific results could lead to license penalties or even fraud allegations.
- Patient privacy violations: Medical spas handle sensitive health information, which must be protected under HIPAA laws. Mishandling records or disclosing patient details without consent can put a facility’s license in jeopardy.
- Negligence or incompetence: Med spa staff are expected to meet professional standards of care. Allegations of negligence, improper procedures, or malpractice can trigger IDFPR investigations and disciplinary action.
Defending Your Med Spa’s License
If your medical spa is under investigation or facing potential penalties, securing legal representation is critical. Callahan Law Firm has experience in professional license defense and understands the specific regulations governing medical spas in Illinois. We assist clients by:
- Assessing the case: We analyze the details of the IDFPR complaint, review compliance issues, and develop a strategic defense approach.
- Building a strong response: Our team gathers supporting evidence, consults with industry experts, and prepares compelling arguments to defend your license.
- Negotiating with regulators: We engage with IDFPR officials to find solutions that allow medical spas to address compliance issues while continuing operations.
- Representing clients in hearings: If necessary, we provide aggressive representation during administrative hearings, working to protect your med spa from license suspension or revocation.
Legal Requirements for Opening a Medical Spa in Illinois
Before launching a med spa, it’s essential to understand the legal requirements involved. Illinois imposes strict regulations on business ownership, licensing, and the scope of practice for medical procedures.
Who Can Own a Med Spa in Illinois?
Illinois follows the corporate practice of medicine doctrine, which means that only licensed medical professionals can own and operate a medical spa. Non-physicians cannot establish a med spa independently but may be involved in business operations or management under certain conditions.
To comply with state laws, medical spas must be structured as professional business entities that allow medical practice, such as:
- Medical corporations
- Professional service corporations
- Professional limited liability companies (PLLCs)
Each of these entities must be properly licensed and regulated by the IDFPR.
Licensing and Compliance for Med Spas
Because medical spas provide treatments that fall under the practice of medicine, they must follow Illinois laws governing healthcare services, including:
- Advertising regulations – Marketing materials must meet IDFPR standards and avoid misleading claims.
- Prohibition of fee splitting – Medical professionals cannot accept payments in exchange for patient referrals.
- Supervision and delegation rules – Only licensed medical providers can perform or oversee medical procedures, and they must establish a physician-patient relationship before treatment.
Who Can Perform Med Spa Procedures?
Many assume that estheticians and cosmetologists can perform all med spa services, but that’s not the case. Illinois law requires that most procedures be performed or directly supervised by a licensed physician or a full-practice authority advanced practice registered nurse (APRN).
Physicians can delegate tasks to qualified staff, but they must ensure:
- The delegated individual is licensed and working within their scope of practice, or
- The person is unlicensed but properly trained, with the physician on-site for supervision.
Because med spa treatments come with risks, proper protocols, informed consent, and oversight are essential to ensure patient safety and regulatory compliance.
Contact an Illinois Medical Spa Attorney
If your medical spa is facing disciplinary action, compliance issues, or legal challenges related to licensing, Callahan Law Firm can help. We work with medical spa owners throughout Illinois to navigate IDFPR regulations, defend against investigations, and ensure their businesses remain operational.
Need legal guidance for your medical spa? Contact Callahan Law Firm today to discuss your case.
