Illinois Medical Spa Requirements: What You Need to Know

Published on by Melissa

Understanding the Latest IDFPR Guidelines

In December 2024, the Illinois Department of Financial and Professional Regulation (IDFPR) and the Illinois Department of Public Health (IDPH) released important guidelines for medical spas operating in Illinois. If you’re considering opening a medical spa or already operate one, these regulations are crucial to understand. Our law firm has broken down these complex requirements into clear, actionable information.

Who Can Own and Operate a Medical Spa in Illinois?

The ownership requirements are quite specific:

  • Medical spas must be owned by physicians and operated by physicians or Advanced Practice Registered Nurses (APRNs) (for some services) since the services provided are considered medical services.
  • Non-medical professionals cannot be shareholders, members, officers, directors, or managers of a medical spa.
  • Medical spas can operate under different corporate structures including the Medical Corporation Act, Professional Service Corporation Act, or Professional Limited Liability Company Act.
  • Physicians have more options for corporate structure, while APRNs are limited to Professional Service Corporations or Professional Limited Liability Companies.

Who Can Perform Medical Spa Procedures?

The memo clearly defines who can perform various procedures:

  • Licensed physicians can perform all medical spa procedures and can delegate certain tasks to properly trained licensed and unlicensed staff.
  • APRNs with full practice authority can perform many procedures within their scope of practice but cannot perform operative surgery.
  • Registered nurses can perform delegated nursing interventions based on appropriate training and assessment.
  • Cosmetologists and estheticians cannot perform any procedures that affect the living layers of skin or treat medical disorders.  If a properly trained cosmetologist or esthetician is performing a task delegated by a physician, that person cannot hold out as a cosmetologist or esthetician.

Prohibited Practices for Non-Physicians

The following procedures are exclusively within the practice of medicine and cannot be performed by cosmetologists or estheticians:

  • Botox injections
  • Chemical peels (beyond superficial treatments)
  • Collagen injections
  • Weight loss medication injections
  • Laser treatments
  • Microdermabrasion (except superficial treatments)
  • Dermaplaning
  • Microblading
  • Microneedling
  • Radio Frequency treatments
  • Hydrafacial machine treatments

Laser and Light-Emitting Device Requirements

The use of lasers and similar devices is strictly regulated:

  • Lasers classified by the FDA as medical devices must be performed by a licensed physician or properly delegated to trained staff under supervision.
  • Both ablative and non-ablative procedures (including intense pulsed-light, red light therapy, low-level laser, cold and soft laser therapy, and non-thermal LED light treatments) are considered medical procedures.
  • A physician must examine the patient and determine treatment before laser procedures are performed.
  • Different supervision requirements exist for ablative procedures (on-site supervision) versus non-ablative procedures (on-site or availablility electronically).

Business Name and Registration Requirements

  • Medical spas cannot use the term “medical” in their business name if they are registered as a salon or barber shop.
  • Facilities providing cosmetology/aesthetic services must obtain a shop or salon registration with IDFPR.
  • Medical spas organized as professional entities must register with both IDFPR and the Illinois Secretary of State.

Infection Prevention Requirements

All medical spas must prioritize infection prevention:

  • Medical spas are considered healthcare facilities and must follow CDC and OSHA guidance.
  • Key aspects include establishing infection control policies, proper handling of needles and medications, adherence to aseptic technique, and proper equipment reprocessing.
  • At least one individual with infection prevention training should be employed or available to manage the facility’s infection prevention program.
  • Any unusual infections or outbreaks must be reported to the local health department.

Legal Considerations When Opening a Medical Spa

Given these strict requirements, we recommend:

  1. Consulting with healthcare attorneys before establishing a medical spa
  2. Creating proper delegation protocols and training programs
  3. Implementing comprehensive infection prevention policies
  4. Ensuring all marketing and business practices comply with the Illinois Medical Practice Act advertising restrictions
  5. Regular review of policies and procedures to maintain compliance

How Our Firm Can Help

Navigating these requirements can be challenging. Our attorneys can help you establish a compliant medical spa, review your existing practices, and provide ongoing guidance as regulations evolve.

Contact us today for a consultation about your medical spa legal needs.

Disclaimer: This web site is addressed to those who hold professional licenses issued by the Illinois Department of Financial and Professional Regulation and by similar licensing agencies in other states. Suggestions herein are, in most circumstances, valid for any type investigation, whether administrative, criminal, or civil. However, it should be noted that in some other states, one who holds a professional license may be required to submit to an investigative interview as a condition of being licensed. Whatever the circumstances, a licensed professional who becomes the subject of an investigation would be wise to immediately retain legal counsel. No content, whole or in part, is to be considered as “legal advice,” and by reading this document, no attorney-client relationship is formed with the Crick Walanka Law Group, Ltd.
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