You've decided to build an aesthetic practice. You've confronted the mindset barriers. Now comes the question that trips up more practitioners than any other: "Am I actually allowed to do this?" The answer depends on your license, your state, your corporate structure, and a dozen other legal variables — and getting any of them wrong can cost you your license, your business, or both.
This is Course 3 of the Practitioner Transition Bootcamp, and it covers every legal and licensing requirement you need to understand before you see your first patient. Empire Medical Training has helped over 175,000 healthcare professionals navigate the regulatory landscape of aesthetic medicine over the past 28 years, and the legal mistakes we've seen practitioners make are both common and entirely preventable.
Scope of practice is the foundation of everything. What you're legally allowed to do depends entirely on your license type and your state. A nurse practitioner in Florida operates under completely different rules than an NP in California or Texas. Physician assistants face supervisory requirements that vary from nominal to highly restrictive. Registered nurses require direct physician oversight in most states but can perform a wide range of procedures under appropriate delegation. Physicians (MD/DO) have the broadest scope but still face restrictions on certain procedures depending on their training and board certification. This course provides a detailed, state-by-state breakdown of what each license type can and cannot do in aesthetic medicine.
Med spa licensing requirements go beyond your individual practitioner license. Most states require facility-level registration or licensing for any location where medical aesthetic procedures are performed. Some states have specific "medical spa" regulations, while others classify med spas under general outpatient medical facility rules. You'll need a business license, potentially a facility license, OSHA compliance documentation, and in many cases a registered medical director. This course walks through every requirement so nothing falls through the cracks.
Medical director requirements are one of the most misunderstood areas of med spa compliance. In most states, a medical director isn't just a signature on a form — they carry genuine legal liability for the care provided at your facility. This course covers how to find the right medical director, how to structure the agreement, what compensation models are appropriate (and which violate fee-splitting laws), and what happens if your medical director relationship goes wrong.
Choosing the right corporate structure is critical and often done incorrectly. Should you form an LLC, an S-Corp, a PLLC, or a C-Corp? The answer depends on your state's corporate practice of medicine doctrine, your license type, your tax situation, and whether you have non-physician business partners. Many states prohibit non-physicians from owning medical practices directly, which has given rise to the management services organization (MSO) model — a legitimate structure that separates business operations from medical practice. This course explains each option in plain language, with specific guidance for physicians, NPs, PAs, and multi-provider practices.
Malpractice and liability insurance for aesthetic practices require special attention. Standard malpractice policies often exclude elective cosmetic procedures. You'll need individual practitioner coverage that explicitly includes aesthetic treatments, general liability for your facility, and potentially a commercial umbrella policy. We cover recommended coverage levels, how to evaluate insurers, and the specific risks that aesthetic practitioners face.
The course also covers OSHA compliance requirements for aesthetic practices (bloodborne pathogen protocols, sharps disposal, chemical safety), informed consent documentation (what must be included and how to protect yourself), HIPAA requirements for patient records and before/after photos, and the basics of state board reporting obligations.
Key topics covered:
- Scope of practice by license type (MD, DO, NP, PA, RN, DDS) with state-by-state variations
- Med spa licensing requirements: facility permits, business licenses, and registration
- Medical director requirements: finding, structuring, and compensating the relationship
- Corporate structures: LLC, S-Corp, PLLC, C-Corp, and MSO models explained
- Malpractice insurance: coverage types, recommended limits, and aesthetic-specific considerations
- OSHA compliance, informed consent, HIPAA, and documentation requirements
- Common legal mistakes that lead to board complaints, lawsuits, or practice closure
This course builds on the foundation from Course 1: The Aesthetic Career Transition and Course 2: The Physician Entrepreneur Mindset. Next, Course 4: How to Start While Still Working Your Hospital Job covers the practical logistics of launching part-time, and Course 5 addresses financial planning and funding strategies.
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