If you are thinking of getting a cosmetic procedure at a med spa you should know that you have certain basic rights.
Cosmetic procedures that involve the use of medical devices, such as lasers, radio frequency, microneedling, CoolSculpting, Morpheus, and similar procedures, are considered medical treatments. Same with any injections, like dermal fillers, Botox, and IV therapy. Therefore, you have the right to be treated as a patient, not a regular business client. The Florida Patient’s Bill of Rights and Responsibilities applies to all medical services, including cosmetic procedures that are medical in nature. But, in addition to these rights, you should remember the following:
-
You have the right to consult with a medical provider about your cosmetic procedure at a med spa.
Oftentimes med spas skip this part of the process. A medical assistant, receptionist, or salesperson is not an appropriate person to discuss a medical cosmetic service with the patient. In Florida, a licensed doctor, nurse practitioner, or physician assistant must discuss the risks and alternatives of each medical procedure they will be performing on you.
-
You have the right to review the written consent form in the presence of the medical provider who will be doing the cosmetic procedure on you.
Frequently in my practice as a Cosmetic Procedure Injury attorney, I represent clients in cases where proper informed consent was not obtained by the providers. Frequently med spas task a receptionist with handing the patient a stack of papers for them to sign before they ever meet the doctor. The patient feels forced into signing the consent without first discussing it with their provider. Once the consent is signed, the receptionist takes it away and the patient never sees it again. The providers verbally gloss over any serious risks and highlight only the benefits of the cosmetic procedure. This is not proper. You have the right to bring the list of risks described in the consent document into the consultation room and address each concern directly with the medical provider at the med spa.
-
You have the right to have a licensed health care provider directly involved in your cosmetic procedure.
The bottom line is that most cosmetic procedures are medical in nature. Therefore, a licensed doctor, nurse practitioner, or physician assistant must be on staff at the med spa and must be the person performing your procedure. Unfortunately, this is not the case at many Florida med spas. Even licensed electrologists who perform laser hair removal at med spas must be under the direct supervision of a licensed physician in Florida. If your med spa does not have any licensed health care providers, this is a major red flag.
-
You have the right to go home and think about the cosmetic procedure before agreeing to do it.
The med spa industry is booming. The global medical spa market size was valued at USD 16.4 billion in 2022 and is expected to expand at a compound annual growth rate (CAGR) of 14.97% from 2023 to 2030. New med spas are popping up each month. Leases on medical devices are high and staffing can be expensive. Many med spa owners are under pressure to sell as many services as possible. Unfortunately, this environment has created a culture of pushy sales tactics that convince cosmetic procedure patients to commit to undergoing services they are not 100% sure about. If a med spa is pressuring you to pre-purchase package deals or telling you that their discount is only good for “today only” BEWARE. You have the right to go home and carefully think about the risks and alternatives to each cosmetic procedure you are considering.
Stay Safe, Stay Beautiful.
