Monday, July 1, 2013

Connecticut Passes New Medical Spa Regulations

Connecticut is another in a series of states that has taken action in regard to the regulation of medical spas.  The new legislation in Connecticut seems fair and a well thought out effort to protect consumers in the state.
Many within the various related industries, such as aesthetics, believe that the regulation of medical spa procedures it’s a turf battle waged by physicians who are trying to protect their exclusive right to perform cosmetic medical procedures.  However, this law seems appropriate and my vast experience as a consultant to state medical boards and boards of cosmetology is that this type of regulation is borne out of a desire to legitimately protect citizens of a state.
Medical spas in Connecticut that offer cosmetic medical procedures must have an acting medical director who is a state-licensed physician. Bill SB-1067, which goes into effect on October 1, 2013, was passed by the state’s legislature on June 5, 2013. It states that any medical spa that offers procedures defined under the state’s sales tax laws as “cosmetic medical procedures” employ or contract with a medical director. An MD, PA, APRN or RN may perform the procedures. If a PA, APRN or RN is performing the treatment, he or she must be acting under a physician’s supervision and control. In addition, the facility must post notice of the name and specialty of the medical director, and he or she must perform an initial physical assessment of the patient before the procedure is performed. Violators are subject to fines of up to $500 per day while the violation continues.
In my opinion, there will be more new laws such as this one as state’s wrestle with this growing problem.  My only question in regard to this law is whether the nurses have to be employed by the physician. This is a growing issue.

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Paddy Deighan J.D. Ph.D

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