New York med spa MSO-PC: physician ownership, injectables, and lasers

Direct answer

The full New York statute list sits on New York CPOM, and the CPOM 50-state guide shows how New York compares with other states. For other states, start at the med spa MSO-PC hub. General information only, not legal advice. Foundry is not a law firm.

What sits in the PC and what sits in the MSO

Facials and other esthetic services are licensed separately by the New York Department of State, so an esthetics room and an injector room in the same suite answer to different regulators. A lay-owned spa that adds injectables under a "medical director" title still has a lay entity providing medical services. That is the pattern the PC structure fixes.

Who may inject, and on whose order

Physicians, NPs, and PAs inject within their own scope. RNs work under Education Law § 6902, which lets them carry out medical regimens a physician, NP, or PA prescribes for a specific patient. New York allows non-patient specific orders for a short list of services such as immunizations and anaphylaxis treatment, and cosmetic injectables are not on that list. In practice, each RN treatment needs a patient-specific order from a prescriber who has examined the patient. The order should name the patient, the product, the dose, and the treatment sites. Estheticians may not inject.

Lasers and energy devices after the 2025 statement

On March 7, 2025 the State Board for Medicine statement on energy devices concluded that using an energy device, including a laser, that affects the basement membrane or deeper tissue to treat a physical condition is the practice of medicine. The statement names laser skin rejuvenation, tattoo removal, lesion removal, and spider vein removal. The Education Department adopted that view for all treatments except laser hair removal, which it has not acted on. For covered treatments:

• Treatment is done by or under the order of a physician, PA, or NP.
• Only RNs, besides those licensed prescribers, may carry out the orders, under general supervision.
• The supervising physician or NP need not be on site but must be reachable to guide or step in within a reasonable time.
• The patient is assessed before, during, and after each treatment.

Map each device on your menu to the statement's classification table before you hire, and keep the device list in the PC's policy file.

Fees and the money flow

Education Law § 6530(19) treats fee-sharing as professional misconduct and specifically names payments for space, facilities, equipment, or personnel that are a percentage of, or depend on, the practice's income. A management fee set as a share of injectable revenue is the pattern to avoid. Keep clinical card payments in the PC's account, have the MSO invoice the PC for defined services at a fixed or cost-plus fee, and price it at fair market value. Run the MSA red-flag audit on CPOM compliance before you sign.

Setup steps for a New York med spa

1. List every treatment on the menu and mark which ones are medicine: injectables, PRP, and energy devices below the epidermis.
2. Match a New York-licensed physician to own the PC ($3,000/mo).
3. File the professional corporation or PLLC through the Education Department review, form the MSO, and sign an FMV management services agreement. See MSO-PC formation ($15,000).
4. Write the patient-specific order workflow for RNs and the supervision plan for energy devices.
5. Lease equipment and space from the MSO to the PC at fixed fair-market-value rates.
6. Route clinical payments to the PC's bank account and keep retail sales in the MSO.

Pricing

New York med spa MSO-PC FAQ

Can a non-physician own a med spa in New York?

Not the medical side. New York is a Strict corporate practice of medicine state, and injectables and most energy-device treatments are the practice of medicine under Education Law § 6521. The medical services belong in a professional corporation or PLLC owned by New York-licensed physicians. A lay founder can own the MSO that runs the brand, lease, booking, and retail, paid a fair-market-value fee.

Can a registered nurse inject Botox in New York?

Yes, by executing a patient-specific order from a physician, NP, or PA who has examined the patient. New York's non-patient specific orders cover a short list of services, such as immunizations, and cosmetic injectables are not on it. The order should name the patient, product, dose, and treatment sites.

Are lasers the practice of medicine in New York?

Mostly, yes. On March 7, 2025 the State Board for Medicine concluded that energy devices, including lasers, that affect the basement membrane or deeper tissue to treat a physical condition are the practice of medicine. The Education Department adopted that view for every treatment except laser hair removal. Those treatments must be done by or under the order of a physician, PA, or NP, and only RNs may carry out the orders.

Can a New York MSO take a percentage of med spa revenue?

Be careful. Education Law § 6530(19) treats fee-sharing as misconduct and names payments for space, equipment, or personnel that are a percentage of, or depend on, the practice's income. A fixed or cost-plus fee at fair market value is the safer pattern.

How much does Foundry charge for a New York med spa MSO-PC?

MSO-PC formation is $15,000 one-time. A New York-licensed friendly PC owner is $3,000/mo. New York formation usually takes longer than the 1 to 3 days typical elsewhere because the Education Department reviews the professional entity first.

Related reading

Written and last reviewed 2026-10-26 by Matthew Milford, Founder. Sources: N.Y. Education Law §§ 6521, 6530(19), and 6902; Business Corporation Law § 1507; New York State Board for Medicine, Use of Energy Devices Including Lasers as the Practice of Medicine (March 7, 2025); NYSED guidance on non-patient specific orders. Foundry PC is not a law firm. General information only, not legal advice.