Penalties for Illegal Medspas Rise – A First Step by the State of California
California Governor Jerry Brown signed into law a bill designed to minimize unlicensed practice of medicine, which is aimed at protecting consumers of medical spas where illegal procedures are being performed. http://leginfo.legislature.ca.gov
Medical spas that provide illegal non-surgical cosmetic and aesthetic procedures both in physician’s offices, as well as at standalone facilities, are being targeted.
In California, under existing state law, a medical doctor must own at least 51% of the business and medspa personnel who treat patients must be supervised by a medical doctor. Violations are counted as a misdemeanor that carries a fine of between $200 and $1,200, a 60- to 80-day jail sentence or both. Statewide and nationally, many medspas skirt these rules and patients are being harmed. The new law in California raises the fine to a maximum of $50,000 or double the amount of fraud, whichever is greater, and calls for a maximum sentence of 2-5 years in state prison. The penalties can apply not just to the licensee, as was the case under the old law, but also to the business or corporate entity.
What California is intending to do is protect consumers from having illegal procedures done, as well as protect them from improper care. While anyone loves a good deal, sometimes medspas illegally perform procedures with unlicensed and untrained staff members, which can result in serious harm. While California is taking the first big step to prevent unnecessary patient harm and consumer fraud, there is a big distance to go and a large gap to fill. Nationally and state by state, we can expect more laws to come, but our hats are off to California for taking the first necessary step in protecting patients!
