Running a med spa today is about more than just delivering beautiful results — it’s about protecting your business while you grow. In a recent discussion between Chris Fink and compliance attorney Christina Malik of Core Consulting Partners, the two unpacked critical strategies for building and scaling a med spa that is both legally compliant and highly marketable.
Whether you’re launching your first location or expanding across multiple states, understanding how compliance and marketing intersect will give you the confidence to grow faster, safer, and smarter.
1. Ownership & Licensing: Your First Compliance Checkpoint
Before you invest in marketing, you need to know if you’re legally allowed to operate in your state. Laws differ dramatically:
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Some states allow anyone to own a med spa.
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Others require you to be a licensed provider, such as an MD, DO, or NP.
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Some states require physician-only ownership, which means you may need to partner with a physician through a PLLC and a management services agreement.
💡 Marketing Tip: Never advertise treatments your staff aren’t licensed to perform — investigators often check social media first.
2. Medical Directors: Go Beyond the “Doc in the Box”
A medical director is more than a legal checkbox. The right partner will:
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Sign off on SOPs and treatment protocols.
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Be on-site or actively involved, not just signing charts remotely.
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Oversee training and adverse event response.
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Log their time and duties to prove compliance (timesheets aren’t fun, but they protect you).
3. SOPs & Protocols: The Backbone of Safe Marketing
Standard Operating Procedures (SOPs) should cover:
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Inclusion/exclusion criteria for treatments.
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Adverse event management.
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Step-by-step service guidelines.
Your medical director should review and sign off on every protocol — and confirm providers are competent to perform the service.
4. Informed Consent: Your Best Legal Defense
Digital intake forms can save time, but they don’t replace true informed consent. Providers should still:
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Highlight key risks and benefits in person.
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Document the conversation in SOAP notes.
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Require new consent for each treatment type and each visit, even for repeat services like Botox.
5. HIPAA & Patient Privacy in Marketing
Even if your med spa is cash-only, HIPAA still applies. Common pitfalls include:
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Discussing treatments in public areas.
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Using non-compliant texting or booking platforms.
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Taking before/after photos on personal devices.
✅ Pro Tip: Ensure all vendors sign a Business Associate Agreement (BAA) and use HIPAA-compliant platforms for communication and storage.
6. Social Media & Before/After Photos: Marketing Gold (When Done Right)
Before/after galleries convert consultations into bookings, but only with proper consent:
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Treatment consent ≠ photo consent.
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Use a separate, signed release for marketing purposes.
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Allow patients to choose where their images can be used (Instagram, website, print).
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Never rely on auto-checked boxes buried in intake forms.
7. Promotions, Giveaways & FTC Rules
Some marketing tactics can land you in legal hot water:
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Avoid offering free medical services as raffle prizes — it may violate anti-inducement laws.
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Don’t use misleading claims like “guaranteed,” “permanent,” or “miracle.”
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Always disclose influencer relationships and sponsored posts.
8. Audits: Not If, But When
Audits can be triggered by patient complaints, competitor reports, or social media posts. They may review:
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Licensing and ownership structure.
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Training records and SOPs.
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HIPAA compliance and marketing claims.
Being proactive — with the right documentation and compliant marketing — ensures you’re ready when it happens.
Watch the Full Episode:
Final Word: Growth Comes from Compliance + Marketing
Christina Malik summed it up perfectly: “I’d rather be someone’s first call than their last call.”
By blending compliance expertise with smart, ethical marketing, you protect your business, build trust with patients, and set the stage for scalable, sustainable growth.
Ready to Grow Your Med Spa Online — Safely?
Whether you’re launching a new med spa or scaling an established clinic, we help you get clarity and results. From SEO to PPC to conversion-focused websites, we do it all — transparently and effectively.
📞 Call 231-388-7727 or book a strategy session to get your custom budget roadmap today.
