Med Spa Compliance Series: Area of Focus – Criminal Consequences of Noncompliance
To date, our Med Spa Compliance Series has focused on best practices for ensuring med spas, as well as their owners, and providers proactively adhere to state requirements. Recent events in Arizona underscore why compliance is not just a best practice, it’s essential to protect your business and professional licenses.
Why Compliance Matters
As noted in our October 20, 2025 update, services such as injectables and laser treatments are generally considered the practice of medicine. While state laws vary on scope of practice and supervision requirements, non-physician practitioners typically cannot perform these services unless supervised by a state-licensed physician—or, in some states, an advanced practice provider. Failure to comply may constitute the unlicensed practice of medicine, exposing both providers and businesses to significant civil and criminal liability.
A Cautionary Tale from Arizona
Recently, an Arizona nurse was arrested for injecting Botox and other prescription-only drugs without supervision from an Arizona-licensed medical director. The nurse worked at a med spa overseen by a non-resident physician who was not licensed to practice in Arizona. After a tip to the Attorney General’s office, an undercover agent posing as a client confirmed the violation. The nurse now faces felony charges for practicing medicine without a license, conspiracy, and fraudulent schemes—and will likely face professional discipline.
Not an Isolated Incident
Arizona is not alone in strictly enforcing these laws. States across the country have prosecuted providers for violating scope-of-practice requirements. Below is a summary of recent enforcement actions in other jurisdictions:
These cases serve as a clear reminder for med spas and health care providers to operate in full compliance with state laws governing scope of practice and supervision requirements. While licensing board discipline is often the primary concern, providers should recognize that noncompliance can also lead to criminal prosecution. This recent Arizona case underscores the heightened scrutiny that both state licensing boards and prosecutorial agencies are placing on med spas. As the industry continues to grow, enforcement efforts will likely intensify—making proactive compliance essential to protect your business and professional licenses.
If you have questions about your state’s scope of practice or supervision requirements—or want to ensure your compliance policies are up to date—please contact your Quarles attorney or:
- Mary Saxon: 602-229-5334 / mary.saxon@quarles.com
- Bailey Walden: 602-229-5432 / bailey.walden@quarles.com
- Amy Cotton Peterson: 602-229-5530 / amy.cottonpeterson@quarles.com