Top Compliance Mistakes That Lead to Medspa License Investigations

 Posted on September 16, 2025 in Professional License Defense

Medical spas, or "medspas," combine cosmetic services with medical treatments. They are booming in popularity across Illinois, offering everything from Botox injections and chemical peels to laser hair removal and weight-loss programs. But unlike ordinary salons, medspas operate in a highly regulated area where health care laws, pharmacy rules, and professional licensing requirements all overlap.

When medspas cut corners or misunderstand their legal duties, the result can be a license investigation by the Illinois Department of Financial and Professional Regulation (IDFPR) or even the U.S. Drug Enforcement Administration (DEA).

At The Law Offices of Joseph J. Bogdan, Inc., our Chicago, IL professional license defense attorneys bring more than 20 years of experience to defending clients in these high-stakes cases. Our head attorney, Jay Bogdan, is also a registered pharmacist who understands both the clinical side of medspa operations and the legal standards professionals must follow. We offer free consultations to discuss your case and your options. Here are some common mistakes that lead to IDFPR medspa investigations. 

5 Mistakes That Can Lead to Medical Spa License Investigations

Insufficient Physician Oversight

Illinois law prohibits the corporate practice of medicine by non-physicians. This means that only licensed physicians can own a medical practice, and non-physicians must be limited in their roles. While medspas rely on nurses or physician assistants to perform procedures, a supervising doctor must be involved in oversight.

Physicians are sometimes listed as "medical directors" in name only and provide little or no actual supervision. Regulators treat this as a serious violation. If IDFPR determines a physician failed to supervise properly, both the doctor and the medspa staff may face disciplinary action.

Using Unlicensed Staff for Medical Procedures

Another common problem occurs when medspas allow estheticians, cosmetologists, or other unlicensed staff to perform medical procedures. For example, Botox injections and laser treatments should only be performed by a properly licensed professional.

Allowing unqualified staff to inject patients is more than a minor compliance slip. It can lead to patient injuries, malpractice claims, and disciplinary hearings. IDFPR may suspend or revoke a license if it finds that a professional illegally delegated medical procedures.

Mishandling Prescription Drugs

Because many medspa services involve prescription medications, pharmacies and prescribing rules apply. Botox, dermal fillers, and anesthetics are all prescription drugs that must be ordered, stored, and administered in line with state and federal law. When this does not happen, the medspa can face serious consequences.

Not Keeping Complete Records

Patient records are not optional, even in a cosmetic setting. Medspas must keep complete, accurate records of consultations, informed consent, treatments provided, and follow-up care. Skipping this step or keeping sloppy files can lead regulators to believe that patient safety is being ignored.

Lack of Informed Consent

Every medical procedure, including elective cosmetic treatments, requires informed consent. Patients must be told about the risks, benefits, and alternatives before receiving treatment. Some medspas rush this process or rely on generic forms that do not cover specific procedures. If a patient suffers an unexpected reaction and says they were never properly informed, IDFPR may open an investigation. 

Contact an Illinois Medspa License Defense Lawyer

If you are a physician, nurse, pharmacist, or other licensed professional working in a medspa and you are facing an IDFPR complaint, do not wait to get help. A single violation can put your entire career at risk.

At The Law Offices of Joseph J. Bogdan, Inc., our head Chicago professional license defense attorney has more than 20 years of experience and is also a registered pharmacist. We represent clients across Illinois, including medspa professionals facing allegations of improper supervision, drug handling violations, or advertising misconduct. Call 630-310-1267 today for a free consultation to discuss your case and protect your future.