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Legal considerations for Kentucky APRNs opening aesthetic practices, part 1

Readers may recall a few decades ago when Botox and other injectable medications that use the botulinum toxin entered the market as a way to smooth facial lines and wrinkles and lessen other signs of aging. Some public reluctance existed at the beginning because while this neurotoxin does relax or paralyze facial muscles for the desired cosmetic effect, it also can cause the dangerous disease botulism.

However, today people widely accept Botox and similar substances as safe and appropriate for cosmetic use when administered by an appropriately licensed medical professional. This has seeded an explosion of aesthetic and cosmetic clinics, sometimes called medical spas. These establishments may also administer other, similar services like injecting dermatological fillers to smooth skin.

Become informed about associated legal matters

In Kentucky, advanced practice regular nurses (APRNs) are finding this business model attractive since they can use their medical training to provide a potentially lucrative cosmetic service in a setting that is not as clinical as a traditional medical practice.

If you are an APRN interested in this kind of business, it is important to develop a relationship with an attorney to give advice and legal representation in planning and kicking off your clinic. Two main areas that require legal guidance are compliance with state licensure requirements – both initially and ongoing – and planning how you will structure and start your new business.

Regulatory and license requirements

Of course, the Kentucky Board of Nursing (KBN) is the primary licensing agency for APRNs in the commonwealth and the source of detailed information about APRN-related issues in medical spas. In part 2 of this post, we will describe the kinds of legal issues that can arise pertaining to licensure and the practice of nursing in such a setting. We will also touch on legal and business considerations involved in a business startup.