Florida’s Med Spa Boom Is Testing the Limits of the Law
By Gregory M. Yaffa, Shareholder, Rafferty Domnick Cunningham & Yaffa
A recent investigation by the Sun Sentinel laid bare what many physicians and trial lawyers in this state have known for years: Florida’s medical spa industry is expanding faster than the laws meant to govern it.
The reporting detailed a lawsuit filed by a patient who alleges she suffered significant burns during a laser procedure at a West Melbourne med spa. According to the lawsuit, no physician examined her, and no doctor directly supervised the procedure, despite Florida’s requirement that med spas have a medical director responsible for establishing and maintaining standards of care.
That case is not just about one facility. It highlights a systemic problem.
The Legal Gap No One Wants to Own
As the Sun Sentinel article noted, Florida statutes do not even clearly define what a “med spa” is. That alone should give consumers pause.
Med spas routinely perform procedures involving lasers, injectables, prescription medications, and other interventions that carry real medical risk. Yet the regulatory structure is a patchwork of professional licensing rules and general medical practice standards rather than a cohesive statutory framework tailored to this industry.
Every med spa must have a medical director. But the law does not always require what common sense would demand: meaningful, on-site, engaged supervision.
In the Sun Sentinel’s analysis, some medical directors were located far from the spas they oversaw. Others were supervising multiple facilities. In one instance described in the reporting, a doctor received a monthly fee while living out of state and did not see patients at the spa he supervised. Whether any particular arrangement violates the letter of the law can be complex. Whether it satisfies the spirit of patient safety is a different question.
Direct Supervision Is Not a Technicality
Under Florida law and regulatory guidance, certain procedures, including laser treatments, require physician supervision. “Direct supervision” is not decorative language. It exists because lasers can cause burns, scarring and permanent injury when improperly used.
If a physician never evaluates the patient, never meaningfully reviews the treatment plan, and is not available to respond in real time to complications, plaintiffs’ lawyers will inevitably ask: was the standard of care met?
Civil liability may extend beyond the technician performing the procedure. Potential defendants can include:
The medical director
The corporate entity operating the spa
Owners or managers involved in policy and oversight
Any licensed professional whose authority was used to facilitate treatment
When prescriptions are issued without proper authorization or when non-physicians operate beyond their scope, regulatory exposure and even criminal implications may arise. The Sun Sentinel’s reporting included examples where law enforcement became involved in allegations related to unauthorized medical practice.
The Corporate Practice of Medicine Problem
Florida allows non-physicians to own med spas. That structure is not inherently improper. But it creates tension.
Medical judgment must remain in the hands of licensed physicians. When financial incentives drive volume and cost-cutting, and the supervising physician is effectively remote or passive, the risk of corners being cut increases.
In litigation, we often see internal emails, contracts and payment arrangements that reveal whether a medical director was actively involved or merely lending a license for a monthly fee. Those documents matter. They can determine whether a case is framed as simple negligence or as a broader failure of corporate oversight.
What the Public Should Demand
Consumers should treat any med spa procedure as what it is: medical care.
Before agreeing to treatment, ask:
Who is the medical director?
Is that physician board certified in a relevant specialty?
Has the doctor personally evaluated me?
Will a physician be physically present or immediately available during the procedure?
What is the protocol if a complication occurs?
If a business hesitates to answer those questions clearly, that hesitation is information.
Reform Is Inevitable
Legislative efforts to tighten oversight have stalled, as the Sun Sentinel reported. But the combination of investigative reporting, rising consumer awareness and litigation pressure tends to produce change over time.
Florida’s med spa industry can continue to grow. There is nothing inherently wrong with aesthetic medicine when it is practiced responsibly. But growth without guardrails invites preventable harm.
Patients should not have to learn, after a burn or disfigurement, that the “medical” in medical spa was more branding than reality. Transparency, meaningful supervision and accountability are not anti-business principles. They are the foundation of safe patient care.
Until the law catches up with the marketplace, vigilance remains the public’s best protection.
About the Author
Gregory M. Yaffa is a Shareholder at Rafferty Domnick Cunningham & Yaffa, a leading Florida law firm dedicated to advocating for victims of mass torts, medical malpractice and corporate negligence. With offices in Palm Beach Gardens, Pensacola, and Jacksonville, the firm has a track record of holding powerful institutions accountable and fighting for justice on behalf of individuals and families affected by preventable harm.
