WAKE UP NEW JERSEY

Guidelines for Medical Spas in New Jersey These are merely guidelines and represent a legal opinion. It is advisable to consult with an attorney as well as your malpractice carrier to ensure you are compliant with all the regulations. Nothing in this blog is meant to constitute legal advice.

Given the rapid growth of the medical spa industry, there is tremendous variation from state to state about the requirements for a medical spa in terms of ownership as well as who can perform the procedures. In addition, different boards within the same state may have conflicting or differing guidelines. For example, a board of nursing may allow a nurse to perform a procedure under the supervision of a physician however the board of medicine may not allow a physician to delegate certain procedures. If there is a poor outcome, then the supervising physician will be held to the more stringent guidelines of his/her own board even if the nurse performed the procedure.

In New Jersey, only a physician or physician group can own a medical spa. There may be certain workarounds to this such as a MSO or medical service organization which can only help with operations and administration and should have no bearing on the medical treatment.

The most important aspect is who can perform procedures in a medical spa. In New Jersey, In terms of laser-based services, a physician can delegate certain procedures like laser hair removal, infrared devices ( this can include YAG and nonablative erbium devices) and IPL to a physician assistant or a nurse.

A physician cannot delegate the use of radiofrequency to anyone. This applies to all radiofrequency devices including RF microneedling.

In terms of ablative treatments, such as a CO2 laser or ablative erbium laser, only a physician should be performing these treatments.

The NJ BOME proposed regulations prohibit a physician from delegating the performance of fillers or neuromuscular blockers to anyone. Proposed regulation N.J.A.C. 13:35-6.14B. This certainly is not followed in New Jersey where many of these procedures are performed by physicians assistants and nurses (nurse practitioners)

The physician can only delegate the task to a PA or RN after the physician has personally examined the patient. Thereafter, the physician does not have to be physically on site during the procedure, but will have to be in communication via phone or email. Coolsculpting would be included in this category.