In recent years, many dental practices have ventured into offering services traditionally provided by medical spas, such as Botox injections, dermal fillers, laser treatments, and other aesthetic services.
While these services can enhance a practice's revenue and patient base, integrating medical spa offerings into a dental practice introduces a complex array of regulatory and liability risks that must be managed carefully.
In this article, we explore the key risks associated with running a medical spa in a dental practice, including regulatory compliance, potential liabilities, and the essential structural elements required to operate legally and successfully while adhering to state Dental Board regulations.
The Appeal of Medical Spas in Dental Practices
As patient demands evolve, many dental practices are expanding their scope of services to include non-invasive cosmetic treatments such as Botox, dermal fillers, laser hair removal, and other skin care treatments. These "medical spa" services can complement a dental practice by increasing patient satisfaction, enhancing overall patient care, and generating additional income streams.
However, adding these services requires careful consideration, as the regulatory landscape governing the operation of medical spas is intricate and highly variable from state to state. Dental professionals must understand the legal boundaries of their state’s dental practice regulations and how they intersect with the Medical Practice Act.
Key Regulatory Compliance Issues for Medical Spas in Dental Practices
Scope of Practice: Dental vs. Medical Services
- Dental Licensing: Dentists are licensed to perform procedures related to oral health, including cosmetic dental procedures like teeth whitening or veneers. However, many of the treatments commonly offered in medical spas, such as Botox or laser treatments, are regulated under the medical practice act. It is critical for a dentist to ensure that these services are within their scope of practice under state law and the rules set by their state’s Dental Board.
- Medical Services: Many medical spa treatments, such as Botox injections, require a licensed physician (MD/DO) to perform or oversee the procedures. The dental board may allow some cosmetic procedures within the dental scope of practice (e.g., Botox for dental-related conditions like TMJ), but broader aesthetic services may need to be supervised or directly administered by a medical doctor or qualified healthcare professional.
- Delegation and Supervision: In some jurisdictions, medical procedures can be delegated to non-physician professionals, such as nurse practitioners or physician assistants. However, these procedures must be conducted under the proper supervision of a licensed physician, and the delegation must align with the medical practice laws of the state.
Corporate Practice of Medicine (CPOM)
- Ownership and Structure: The “corporate practice of medicine” doctrine prohibits non-licensed entities or individuals from owning or controlling medical practices. If a dental practice operates a medical spa, it must be careful not to violate CPOM laws by involving non-licensed parties (e.g., business partners or investors without medical credentials) in the operation or management of the medical spa.
- Separate Entities: Many states require medical spas to operate as separate entities from the dental practice due to CPOM restrictions. For example, a dentist may need to establish a separate legal entity (such as a medical spa LLC) for the medical spa services, and this entity must comply with medical practice laws, including having a licensed medical director in place.
State-Specific Licensing and Supervision Requirements
- Medical Director Oversight: States often require that a licensed physician (MD/DO) serve as the medical director for a medical spa. The medical director is responsible for overseeing the medical aspects of the spa's operations, ensuring that procedures are performed safely and in accordance with applicable laws. Even if the dentist is performing the procedures, a physician’s oversight may be required.
- Training and Certification: In many states, practitioners (such as dental hygienists or other staff) who perform procedures like Botox injections or laser treatments must undergo specialized training and certification. If these certifications are not obtained, the dental practice may face penalties, including fines or suspension of licensure.
Conclusion
Operating a medical spa within a dental practice can offer substantial benefits, including enhanced patient satisfaction and increased revenue. However, it is essential to navigate the complex regulatory landscape carefully to avoid significant legal and liability risks. By ensuring compliance with state Dental Board regulations, adhering to medical practice laws, establishing proper operational structures, and maintaining comprehensive patient safety protocols, dental practices can expand their services while minimizing potential legal exposure.
At Oberman Law Firm, our experienced healthcare attorneys specialize in advising dental professionals on regulatory compliance, liability issues, and business structure considerations. If you are considering adding a medical spa to your dental practice, we can help you assess the legal risks and implement best practices to ensure full compliance with state laws.