CAMLAW: Complementary and Alternative Medicine Law Blog

Legal Blow to Spa Clinic's Bid

A spa clinic's bid to open in Burlingame, California was rejected by a local planning commission on the ground that nurses must legally be present during Botox injections, converting the spa into a "medical office."

Botox is an increasingly popular spa treatment, with physicians and patients even gathering at "Botox parties," according to the San Mateo Times report:

"The spa's proposed new home is zoned to allow personal services, such as nail salons and beauty parlors, but prohibit health services, from dentists and chiropractors to acupuncturists. Because registered nurses must be on hand to administer Botox injections at the spa," the city planner "maintained that SkinSpirit qualifies as a purveyor of health services."

Like many spa therapies, it is important to know which provider can legally offer the service and whether physician supervision is required under the relevant law. (See, for example, recent post on Medical Spa Legal Issues: Laser Therapy.)

Apparently customers can easily switch to a "spa located just down the street ... which falls into a different zoning category."

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Michael H. Cohen, Esq.; 468 North Camden Dr. | Beverly Hills, California 90210 | 310-844-3173