Earlier this month, the New York Department of State (DOS) published a warning to consumers following an extensive investigation of so-called “med spas.” The DOS’s Division of Licensing led the investigation, in which 223 businesses were inspected.
The publication initially addressed the need for businesses that hold themselves out to the public as med spas to be operated by licensed professionals, and for medical procedures to be performed only by individuals holding a relevant professional license. Medical procedures were identified as:
- Injections of any drugs (including Botox) or any fillers (including Restylane)
- CoolSculpting
- Liposuction (lipoplasty)
- Cryotherapy
- Microneedling
- Ear candling
- Laser procedures (except for hair removal)
- Peels (dermal)
- Pen treatments
- Plasma treatments
- Radiofrequency procedures (e.g., facials and body treatments)
- Skin tag removal
- Ultrasound
- GLP-1 compound or name brand weight loss drugs such as Ozempic
- IV Therapy
- Hormone replacement therapy
- Vitamin infusions
The publication warned that any of these procedures must be done by a licensed medical facility or a physician-owned medical practice and that the failure to do so will subject the “provider” to civil or potentially criminal sanctions.
The publication noted that the inspections of med spa businesses by the Division of Licensing and other State and New York City agencies found numerous serious violations relating to the use of counterfeit products, controlled substances, and contaminated sharps and needles, as well as the use of unlicensed personnel to perform medical procedures – in some instances resulting in harm to consumers such as allergic reactions, burns, double vision and harmful poisoning. These investigations resulted in numerous license revocations and fines, with more pending.
It is clear that med spas are in the crosshairs of both NYS and NYC healthcare agencies. Any providers offering these services should carefully review their policies and procedures to address the concerns raised in the DOS publication.
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