New York strictly enforces the Corporate Practice of Medicine (CPOM) doctrine. A med spa performing medical procedures must be owned by a New York-licensed physician through a Professional Corporation (PC) or Professional LLC (PLLC), authorized by the New York State Education Department (NYSED). Non-physicians cannot own the clinical entity.
Source: NY State Education Department, Office of the Professions — op.nysed.gov
Source: NY Department of Health / OPMC — health.ny.gov
New for 2026: a state task force has significantly increased enforcement caseload against non-compliant med spas, with the Office of Professional Medical Conduct (OPMC) focusing on inadequate medical director supervision. Med spas should expect closer scrutiny of the medical director relationship, good-faith-exam documentation, and delegation protocols.
Source: NY Office of Professional Medical Conduct (OPMC) — health.ny.gov
Every New York med spa needs a NY-licensed physician medical director who sets and signs treatment protocols and standing orders, oversees clinical staff, performs or supervises the good-faith examinations that precede treatment, and provides real, documented supervision including periodic chart review (typically 10-25% of charts monthly). Medical director compensation must be fair market value for clinical and oversight services, never tied to revenue, referrals, or procedure volume. OPMC treats inadequate supervision as physician misconduct.
Source: NY Office of the Professions — op.nysed.gov
| Provider | Injectables? | GFE / order? |
|---|---|---|
| MD / DO | Yes, full authority | Delegating authority; owns the PC/PLLC |
| NP (3,600+ hours) | Yes, and can prescribe/order | Practices without collaborative agreement, but cannot own the clinical entity |
| Physician Assistant | Yes, and can perform GFE/order | Under supervision |
| Registered Nurse (RN) | Yes, under delegation after a GFE | Cannot perform GFE or order treatment |
| LPN | No | Cannot inject |
| Medical Assistant / Esthetician | No | Cannot inject |
Source: NY scope of practice — Office of the Professions — op.nysed.gov
Before neuromodulators, dermal fillers, or other injectables, a licensed prescriber (MD, DO, NP, or PA) must perform a physical or telehealth Good Faith Exam to clear the patient. This duty cannot be delegated to an RN. Delegation to RNs, NPs, and PAs is allowed only where a written protocol approved by the supervising physician exists, the provider acts within their NY license scope, and a good-faith prior examination has occurred. The GFE is a specific OPMC enforcement focus.
Source: NY Telehealth / NYSED — op.nysed.gov
Source: NY I-STOP / Prescription Monitoring Program — health.ny.gov
Mobile med spa services are permitted in New York only when the full medical framework, the required physician or prescriber oversight, a valid order, and proper handling, is met at the off-site location. The mobile setting does not lower the standard.
Because mobile and event-based aesthetics draw regulatory attention and the compliance burden travels with the provider, practices should confirm their coverage explicitly extends to off-site and mobile work.
Prescription and compounded products (including compounded GLP-1) must be prescribed by an authorized prescriber after a good-faith exam and sourced through appropriately licensed, manufacturer-authorized distributors with lot tracking. See the National Regulatory News & Headlines page for current developments.
Med spa liability spans the entire treatment menu. These link to primary and news sources:
New York enforcement context: the 2026 task force has driven a significant increase in OPMC caseload. Inspectors check first for the medical director's on-site visit records, signed and current standing orders and delegation protocols, NP hour-status and collaborative agreements, RN delegated authority and GFE documentation, and license verification for every clinical staff member.
Source: NY OPMC / Office of the Professions — enforcement — op.nysed.gov
Wellness Medical Protection Group, LLC is a licensed producer in New York (License #BR-1710868) and places specialized med spa and integrative wellness insurance for New York practices, including mobile and off-site work and the high-risk procedures many standard carriers decline.
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Check Eligibility Request a ConsultationDisclaimer: This is not an offer to purchase insurance. This page is intended to provide general information and should not be relied upon as a substitute for evaluating compliance with applicable legal requirements or unique risks and insurance needs of a particular healthcare provider. New York scope-of-practice, ownership, telemedicine, mobile-service, and medical-director rules are complex and may change over time. Wellness Medical Protection Group, LLC does not guarantee accuracy or completeness of the information provided on this page. Providers should confirm current applicable requirements with their counsel, the New York State Education Department Office of the Professions and OPMC, the DEA, and relevant licensing boards, and consult a New York healthcare attorney before structuring or operating a practice. Last reviewed: August 13, 2026.