Over 200 Inspections Conducted Statewide Resulting in Suspensions, Revocations, and Fines

Improper Services Have Caused Serious Injuries – Case Examples Included Below 

A business that is promoting itself as a ‘med spa’ or offering ‘med spa’ services MUST be licensed as a medical facility and licensed professionals must be performing the services 

Resource Website Available Here

Secretary Mosley said, “Consumers need to be aware of the dangers when medical procedures, including cosmetic medical procedures, are being performed by individuals without an appropriate license. Unlicensed or unqualified staff, dirty needles, expired or counterfeit Botox and fillers, and unsanitary conditions can lead to serious injury or even death.” 

The New York Department of State warns consumers to be cautious about seeking Med Spa services from unlicensed entities after statewide investigations into businesses providing unauthorized med spa services. Phase one of the probe began in New York City. The Department of State’s Division of Licensing led the investigation, partnering with the New York State Department of Health, New York State Education Department and the New York City Office of Oversight and Investigations, inspecting appearance enhancement businesses offering medical procedures, including the injection of Botox, fillers and intravenous infusions.   

During the inspections, investigators observed expired and suspected counterfeit products, as well as the presence of controlled substances, including Fentanyl, Xylocaine, and Propofol. Investigators discovered sharps containers with used needles, new unopened needles, and medical devices for procedures like laser liposuction, buttock augmentation, centrifugation, non-ablative skin lasers, cryotherapy, and laser tattoo removal. Investigators also identified numerous individuals without the appropriate license providing these medical services. 

In total, 223 businesses have been inspected throughout New York State. Of the businesses inspected, 87 were cited for possible violations concerning, among other issues, the unlawful practice of medicine. The majority of inspections are still pending hearing and awaiting resolution, but outcomes following several inspections have ranged from monetary fines to license suspensions or license revocations. The Department of State’s Division of Licensing Services is continuing to inspect these types of businesses as part of their annual inspection program.

Based on the results of the Department’s inspections, and reports of injuries to Med Spa customers receiving injections of counterfeit drugs by unlicensed individuals, such as allergic reactions, burns, double vision and harmful poisoning, the Department’s Divisions of Licensing and Consumer Protection are providing consumers guidance to ensure they are receiving safe care from a licensed professional.

Examples of Cases Causing Bodily Injury Due to Unlawful Practice: (Note: These examples are not part of the current investigation but serve as examples of injuries) 

1. In the matter of the complaint of Department of State, Division of Licensing Services against Fei Min, a criminal complaint was filed alleging the appearance enhancement license under the name ‘Princess Beauty, LLC’, and Cosmetology license under the name Fei Min in Flushing, Queens, “injected unknown substances into her face, neck, and breasts” and told her that the injections were “Botox, stem cell, collagen treatments, and other injectable or microneedle treatments”. The complainant received “128–140” neck injections of unknown substances, resulting in “redness, bleeding, swelling and substantial pain”. Min later performed additional injections on the complainant in an attempt to address the reactions. The injection sites then blistered and became inflamed and “reddish,” and the complainant experienced pain, itching, trouble sleeping, and a slight fever. Marks from the blisters and some scars still remain on the complainant. This case resulted in the revocation of Min’s Cosmetology license. Images Available Here (WARNING: Graphic)
2. In the matter of the complaint of Department of State, Division of Licensing Services against Patricia Rivas, the Department alleged that that Rivas, a licensed esthetician, was operating an unlicensed salon in Warwick, NY and providing, among other things, cosmetic injections, cryotherapy, and laser services ultimately resulting in a MRSA infection, sepsis, and hospitalization to a consumer. Following investigation, the Secretary of State issued an emergency suspension order and negotiated the revocation of Rivas’s license.

Images Available Here (WARNING: Graphic)

Secretary of State, Walter T. Mosley said, “Consumers need to be aware of the dangers when medical procedures, including cosmetic medical procedures, are being performed by individuals without an appropriate license, such as a physician or a nurse. Unlicensed or unqualified staff, dirty needles, expired or counterfeit drugs such as Botox or fillers, and unsanitary conditions can lead to serious injury or even death. I urge consumers to pay close attention to our tips so they can get the services they want and not pay the ultimate price with a botched treatment.”

State Health Commissioner Dr. James McDonald said, “The Department of Health reminds New Yorkers of the importance of ensuring their provider has the proper qualifications and training, especially as cosmetic med spa procedures become more popular. Licensed health care professionals undergo rigorous training to understand the complexities of human physiology, and are the only individuals qualified to perform these services. The Department of Health will continue to investigate and hold individuals and practices accountable who offer unauthorized services that put people’s lives at risk.”

State Education Commissioner Betty A. Rosa said, “New Yorkers deserve to know that the medical services they receive are safe, legitimate, and provided by properly trained professionals. When unqualified individuals operate outside the law, the risks to consumers are real and serious. NYSED is committed to protecting the public by upholding licensure standards and working closely with our partner agencies to ensure accountability, transparency, and safety. Through strong collaboration and public awareness, we can help ensure New Yorkers are informed and protected.” 

MED SPA FAST FACTS:

What types of services do places referred to as Med Spas offer?

Med spa service providers generally offer a range of services including both non-medical procedures, that can be performed by individuals with a non-medical license, as well as services that are medical procedures that can only be performed by individuals holding a professional license.

CONSUMER TIP: Even a “non-invasive” procedure may be a medical procedure requiring a professional license. Before receiving any treatment, view the Department of State’s web site to learn the professional license required, and ask your provider if they hold that license.

The types of licenses required for different procedures may be viewed on the Department of State’s website. 

How do I know if a service is a medical service?

Medical services tend to be more invasive and riskier than traditional spa offerings, although there are several well-known cosmetic procedures that require a medical license to perform. Some common medical procedures include, but are not limited to:

• Injections of any drugs (including Botox) or any fillers (including as Restylane) whether by needle or pressure pen.
• Cool Sculpting
• Liposuction (lipoplasty)
• Cryotherapy
• Microneedling
• Ear Candling
• Laser procedures (except for laser hair removal)
• Peels (dermal)
• Pen Treatments
• Plasma Treatments
• Radiofrequency Procedures (e.g., Facials and Body Treatments)
• Skin Tag Removal
• Ultrasound
• Glucagon-like Peptide-1 (GLP-1, compound or name brand weight loss drugs such as Ozempic)
• Intravenous (IV) Therapy
• Hormone Replacement Therapy (HRT)
• Vitamin Infusions

Any business offering these procedures or promoting “med spa” services must be licensed as a medical facility or a medical practice. These medical facilities employ licensed physicians or nurse practitioners to serve as medical directors, who ensure that patients receive safe and effective medical care from qualified staff. Physician practices are owned and operated by licensed physicians responsible for providing safe and effective care to patients.

• CONSUMER TIPS: Providers offering these services through a professional entity, such as a professional corporation (PC) or a professional limited liability company (PLLC), must receive a Certificate of Authorization from the New York State Education Department. Before receiving any treatments, you may wish to verify an entity’s professional licensure on the NYS Education Department’s website.

• Even if the provider is organized as a “PC” or “PLLC” they cannot have the word “spa” in their name. If your medical provider has “spa” in their name, that could be a red flag for other violations.

Which New York state agency licenses med spas?

There is no individual NYS agency that licenses providers of med spa services. Depending on the type of services provided, providers may be regulated by the Department of State, the State Education Department and/or the Department of Health.  It is highly recommended that consumers check with the appropriate agency to ensure that such providers are appropriately licensed prior to services being performed. 

KEY STEPS TO ENSURE CARE by Licensed Medical Professionals:

• How to Identify Licensed Medical Professionals: Medical facilities that offer med spa services usually have a medical director who is a licensed physician or nurse practitioner in good standing. The name of the medical director and their credentials should be easily found on business’s website. Physician practices are owned, operated and staffed by licensed physicians or nurse practitioners. Licensed physician assistants and registered nurses often work for physician practices. It is a red flag if this information is not available. Look for any memberships to reputable professional organizations or associations. Check the New York State Department of Health Office of Professional Medical Conduct website to see if the physician has had disciplinary action taken against them. Additionally, you can verify whether someone is a licensed health care professional, such as a physician or nurse, on the New York State Education Department’s website. 

• See what other consumers have to say: Look online for reviews and pay attention to consumer complaints.

• Get a medical consultation before any procedures: All providers of med spa services must provide consultations and give you the opportunity to ask questions about the procedures you’d like to have done. These are medical procedures, and you must be seen by a medical professional prior to receiving any services. Important questions to ask include:

1. Who will perform the procedure and what that entails;
2. How much experience the practitioner has with the procedure;
3. Whether the practitioner has had any adverse outcomes or complications and how these were managed;
4. While Med Spas may provide a wide variety of services, it is best to work with a practitioner who has significant experience performing the specific procedure you would like done.

• Know how to file complaints: Consumers need to file complaints with the appropriate authority.
• Complaints against any physician or physician assistant: File a complaint with the Department of Health's (DOH) Office of Professional Medical Conduct (OPMC) regarding any physician or physician assistant at 1-800-663-6114
• Complaints against unlicensed med spa service providers:  File a complaint with the New York State Education Department Office of the Professions
• Complaints against estheticians or cosmetologists performing med spa procedures: File a complaint online with the New York Department of State Division of Licensing Services  or  by calling (518) 474-4429.
• Unlawful practice of medical procedures/Harm: In cases where an unlicensed practitioner has performed a procedure in violation of the law that has caused harm, consider contacting local law enforcement. 

About the New York State Division of Licensing Services

The New York Department of State's Division of Licensing Services (DLS) oversees the licensure, registration, and regulation of over 35 occupations throughout the state. DLS develops and administers examinations, approves curriculum and instructors, processes license applications, investigates consumer complaints and conducts state initiated inspections. The Division is also responsible for the authentication of public documents for use in other countries. 

About the New York State Division of Consumer Protection

The New York State Division of Consumer Protection provides voluntary mediation between a consumer and a business when a consumer has been unsuccessful at reaching a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumerprotection. The Division can also be reached via X at @NYSConsumer or Facebook.