Can Anyone Use FDA Medical Devices at Med Spas in Florida?


In the State of Florida, anyone can own a Med Spa but not everyone can perform cosmetic procedures at a Med Spa. Many cosmetic procedure injuries occur because the wrong person is performing the procedure. Cosmetic procedures and treatments such as laser hair removal, radio frequency, IPL, or other kinds of classic Med Spa services involving the use of a medical device can only be performed by a licensed medical professional under the supervision of a licensed physician. Cosmetologists, facial specialists, massage therapists, and electrologists cannot perform medical aesthetic services at Med Spas using lasers, radio frequency, IPL, or any other medical devices that work by sending energy through the skin and altering the structure of the person’s tissue.

In 2018, the State of Florida Board of Massage Therapy issued a Final Order finding that a massage therapist licensed to practice in the State of Florida cannot provide lipo laser services because such a treatment, which uses an FDA medical device uses laser technology to reduce fat cells by changing the structure of the body of a client. Therefore, the Board held that such a procedure is “not within the scope of the practice of massage therapy in Florida.”

Similarly, the Administrative Code regulating the practice of Cosmetologists in Florida (61G5-18.00015) specifically states that Cosmetologists cannot perform treatments that involve any form of “bodily intrusion into the orifices, skin, muscles, or any other tissues of the body.” This includes treatments such as “permanent makeup, the use of laser and intense pulsed light (IPL) treatments, ultrasound, and high intensity focused ultrasound (HIFU) treatments, radiation, plasma pen, Hyaluron pen, injections, and FDA approved medical devices, all of which are beyond the scope of a cosmetology license and full and facial registrations.”

Likewise, Electrologists licensed in Florida, are strictly limited to using electrolysis or laser and light-based devices for the sole purpose of hair removal under the direct supervision of a licensed physician.

In our Florida-based Cosmetic Procedure Injury law firm we have seen many cases where persons without a license to practice medicine in Florida use medical devices on clients at Med Spas, to reduce fat, improve skin texture, tighten skin, and remove unwanted body hair causing their “patients” serious and permanent injuries. These injuries could have easily been avoided if a licensed physician was involved.

LOU LAW is a Florida-based Cosmetic Procedure Injury law firm advocating for injured clients and consulting Med Spa owners on how to practice safely. If you are interested in a personal consultation with Attorney Louiza Tarassova about your Cosmetic Procedure Injury or Cosmetic Procedure Practice matter, contact us today.

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