Medical spas that offer medical procedures must be owned by doctors. Most shares must be owed by a California licensed physician. In addition, no more than 49% can be owned by a health professional other than a doctor. At no time can a layperson owe a medical corporation.
Not surprisingly, many non-medical businessmen and healthcare professionals see an opportunity in medical spa ownership, but aren't sure how to proceed. The fact of the matter is that in most U.S. In the US, the services provided by medical spas are considered medical. Under a legal doctrine known as the “corporate practice of medicine,” only a doctor or a corporation owned by a doctor can own a medical facility.
In addition, only physicians or corporations owned by physicians can collect patient fees for the provision of medical services. In California, corporate practice of medicine is not allowed. Only doctors can own and operate a doctor's office, corporation, or business. The physician must be the practice owner or be an employee of the medical corporation or company (which is also owned by licensed physicians).
Nor can a California medical spa “rent a license” (hiring a doctor, be it a doctor, an osteopathic doctor, or a naturopathic doctor) or otherwise violate the provisions of corporate practice of medicine. Not only can physicians serve as medical directors of Med Spa, but they must operate the Med Spa under their medical practice and license. And non-doctors, like nurses, cannot have a stake in the ownership of a medical business. Medical spas that offer medical procedures must be owned by a doctor.
The doctor must own the office or be employed by the medical corporation or company (which is also owned by licensed physicians). Whether they don't know the rules or aren't willing to follow them, some entrepreneurs open medspas that violate the doctrine of corporate practice of medicine.
