Alert

Jul 14, 2026

Blog Post | MedSpas Beware of Using Unlicensed Personnel!

Medical spas, or med spas, are sometimes thought of as the “wild, wild west” of healthcare. Our clients frequently tell us that they are aware of other med spas out there that are not following the rules.

However, do not be fooled into thinking that the licensing authorities are not looking at med spas because they definitely are! These licensing authorities, like the Illinois Department of Financial and Professional Regulation (IDFPR), have been known to drop in unannounced on medical spas to confirm that they are operating correctly. IDFPR representatives can and do show up unannounced at med spas and even send in fake patients to check the services offered!

Therefore, it is crucial for every medical spa to know that they are, in fact, practicing medicine. Providing Botox, injectables, many lasers, plasma, IV treatments, and certain other medical procedures are considered the practice of medicine and require that these med spas follow all the rules applicable to the operation of a medical practice. 

As such, it is vitally important that unlicensed personnel should not perform any procedures that are considered the practice of medicine. The physician (or nurse practitioner in certain circumstances) is ultimately responsible for all patient care. These providers can delegate to qualified staff but they are required to only delegate to appropriately trained and licensed individuals. Ultimately, the physician is responsible for making sure the requisite protocols are strictly followed.

Because the risks are significant to both the physician and the unlicensed personnel, it is important that medical spas operate within the bounds of the law.

For additional guidance from IDFPR, click here. 
 
If you have any medical spa concerns, our lawyers are here to help.  
 
Please contact Jonna D. Eimer, Esq. at Roetzel & Andress to learn more about how this could affect your practice.