Developed as a combination of a medical clinic and traditional spa, medical spas are a global phenomenon, attracting a growing, loyal, and upscale clientele. The global med spa industry was valued at $13.82 billion in 2019 and is expected to grow to $47.14 billion by 2030. According to the AmSpa 2019 Medical Spa State of the Industry Report, the average med spa brings in revenue of more than $1 million annually, with top practices bringing in $4 million to $5 million each year.
Given these figures, it’s no surprise that physicians with traditional practices are expanding into the medical spa industry in increasing numbers, either as owners or medical directors. Dentists have taken notice as well, and are also looking at med spas as a growth and investment opportunity. But Illinois dentists with med spa dreams are in for a rude awakening. Simply put, a dentist cannot own or operate a medical spa in the state of Illinois. And dentists also need to be wary about providing services in a med spa environment, as they may be practicing outside the parameters set by the Illinois Dental Practice Act.
The “Med” In Med Spa Requires Physician Ownership
Med spas offer many non-medical, traditional spa treatments, such as massages, hair removal, and facials. But they also include more specialized and invasive medical aesthetic therapies on their menu of services, such as Botox, dermal fillers, liposuction, and platelet-rich plasma skin rejuvenation.
This latter “med” aspect of med spas brings them under the governance of the Illinois Medical Corporation Act. That act prohibits the “corporate practice of medicine,” meaning that only physicians licensed under the Illinois Medical Practice Act can own a facility, like a med spa, that provides “medical or surgical treatment, consultation or advice.”
Licensed though they may be under the Illinois Dental Practice Act, dentists are not licensed under the Illinois Medical Practice Act. As such, they cannot own or possess an ownership interest in a med spa.
Dentists Need to Be Wary Of Providing Med Spa Services Beyond The Allowable Scope of Their Licenses
The scope of treatments and services that Illinois dentists can provide their patients is defined by the Illinois Dental Practice Act. The act defines dentistry as “the healing art which is concerned with the examination, diagnosis, treatment planning and care of conditions within the human oral cavity and its adjacent tissues and structures.” Section 17 of the act sets forth in more detail what does and does not constitute the practice of dentistry in Illinois.
Many dentists administer Botox or other injectables as an adjunct to certain treatments. But dentists should not assume that their use of Botox or similar injectibles in their practices means that they have carte blanche to administer those treatments in a med spa setting. So long as those injections are in “adjacent tissues and structures” to the oral cavity, they are within the allowable scope of dentistry in Illinois. But a dentist who injects Botox into a patient’s forehead would be hard-pressed to claim that such treatment falls within the scope of “dentistry” as defined by Illinois law
For similar reasons, an Illinois dentist cannot serve as “medical director” of a med spa either. Serving as a medical director at a medical spa includes responsibility for all medical treatments administered by the spa —not just the ones that involve the mouth or adjacent areas. This can consist of such services as laser hair removal and laser skin tightening and rejuvenation to other parts of the body. Overseeing medical procedures such as these is beyond the scope of allowable dental practice in Illinois.
Accordingly, Illinois dentists should tread carefully when considering an opportunity to either own or provide services at a medical spa. Consulting with an experienced dental practice attorney is the best way to ensure that you don’t put yourself and your license at risk.
We Focus on You So You Can Focus on Your Patients
At Grogan, Hesse & Uditsky, P.C., we focus a substantial part of our practice on providing exceptional legal services for dentists and dental practices, as well as orthodontists, periodontists, endodontists, pediatric dentists, and oral surgeons. We bring unique insights and deep commitment to protecting the interests of dental professionals and their practices and welcome the opportunity to work with you.
Please call us at (630) 833-5533 or contact us online to arrange for your free initial consultation.
Jordan Uditsky, an accomplished businessman and seasoned attorney, combines his experience as a legal counselor and successful entrepreneur to advise dentists and other business owners in the Chicago area. Jordan grew up in a dental family, with his father, grandfather, and sister each owning their own dental practices, and this blend of legal, business, and personal experience provides Jordan with unique insight into his clients’ needs, concerns, and goals.
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