The New York State Department of Health (NYSDOH) has issued consumer warnings about the safety of receiving services at med spa businesses in the state. The consumer alerts follow inspections of over 200 businesses to date, in which 40% of the facilities were found to be operating in violation of New York State health and safety regulations.

Authorities began their inspections in New York City but say their work continues across the state. 

The findings include medical procedures being performed by individuals lacking the required medical licenses, training and expertise. Providers were also found to have failed to maintain adequate medical records on clients and adhere to required safety procedures in their offices. Even using the name “spa” is not permitted.

Many services offered by wellness-adjacent businesses are medical procedures that must be performed at a licensed medical practice or facility overseen by a physician or nurse practitioner educated, trained and experienced in the services. This includes all procedures with needles, intravenous (IV) nutrition, hydration and vitamin therapy, injections of Botox and other fillers, as well as cryotherapy, peels, liposuction, ultrasound, skin tag removal, cool sculpting, GLP-1s, hormone replacement, laser treatments and more. Even many noninvasive procedures require a medical license to be performed in New York State.

The NYSDOH does not license registered nurses (RNs), physician assistants (PAs), licensed practical nurses (LPNs) or aestheticians to order or supervise medical services, or to independently treat clients in an office setting. Adequate medical records must be maintained and actively overseen by the licensed medical practitioner and there are specific charting requirements.

Medical practices cannot be co-owned by nonmedically licensed persons because New York State has strict anti-corporate practice of medicine laws.

Treatments must disclose their ingredients and are not permitted to be marketed using unsubstantiated claims of effectiveness or safety.

New York Secretary of State Walter T. Mosely said:

“Consumers need to be aware of the dangers when medical procedures, including cosmetic medical procedures, are being performed by individuals without an appropriate license[.] Unlicensed or unqualified staff, dirty needles, expired or counterfeit drugs such as Botox or fillers, and unsanitary conditions can lead to serious injury or even death. I urge consumers to pay close attention[.]”  

If you have concerns that you are operating or employed by a business that may not be in full compliance with New York State law, please reach out to Colligan Law today for assistance.