Practices that understand and implement these legal basics position themselves for smarter growth, safer outcomes, and long-term stability in a rapidly evolving industry.

As the aesthetic industry continues its rapid expansion, practices are facing increasing scrutiny around device acquisition, delegation, patient protection, and legal compliance. What was once a largely unregulated space is now evolving into a sophisticated, medically driven sector—one where providers must navigate 50 different sets of state laws, FDA regulations, and rising patient expectations.

To help practices operate safely and sustainably, Candela hosted a special legal education session featuring healthcare attorney Chase Howard, a trusted advisor to med spas, dermatology practices, plastic surgery groups, and multi-site aesthetic organizations across the country. This 30-minute webinar provides practical, high-value guidance on the most common risk areas affecting aesthetic businesses today—and how to avoid them. Below is an overview of the key topics covered in the session.

1. Safe Device Purchasing: Protecting Your Business Before You Buy

One of the biggest risks in aesthetics comes from purchasing used or refurbished devices through unregulated channels. While the lower price can be appealing, the legal consequences can be severe.
Chase emphasizes that practices must treat used device purchases like acquiring any other regulated medical equipment:

  • Verify ownership and ensure the seller has legal rights to transfer the device
  • Confirm the device is still FDA-compliant and has not been modified
  • Inspect for damage, defects, or missing components
  • Use a purchase agreement with strong indemnification language

Without these protections, a provider could unknowingly operate a device that no longer meets FDA-cleared specifications—creating patient safety issues, legal exposure, and significant business losses if the device cannot be used or serviced.
Rentals can be a safer alternative, but only when the lease agreement clearly outlines responsibilities for maintenance, repairs, and device condition.

2. Scope of Supervision: Understanding Who Can Treat in Your State

One of the most misunderstood areas in aesthetic medicine is delegation. Because the industry has outpaced regulation, many states offer little clarity about who may operate lasers, RF microneedling devices, IPLs, or other energy-based systems.

Every practice must understand:

  • Each state has its own laws governing licensure, supervision, and treatment delegation.
  • Rules differ by device type—laser laws are not RF laws, and RF laws are not injectable laws.
  • Peer hearsay is not reliable. “Someone told me I could…” is one of the leading causes of compliance errors.

Chase recommends every practice seek state-specific legal guidance before establishing protocols, hiring staff, or delegating treatments.

3. Informed Consent and Marketing: A Process, Not a Paper

Informed consent is more than a signature. It is a legally required process that ensures patients understand:

  • Risks
  • Benefits
  • Alternatives
  • Expected outcomes
  • Who will be performing the procedure

Templates from manufacturers or associations can be a good starting point, but practices must:

Customize consent forms to each treatment
Ensure forms comply with state requirements
Use separate, detailed authorizations for marketing images
Document that the patient had the opportunity to ask questions

Marketing compliance is equally important. Using patient images on social media or in advertising requires explicit written permission, with clarity on how the images may be used and whether the patient can revoke consent later.

4. Liability Prevention: Building Systems That Protect Your Practice

Many legal issues can be avoided—or significantly mitigated—through proactive planning. Chase recommends practices build strong foundational systems that include:

  • Adverse event protocols
  • Clear supervisory structures
  • Compliant purchase or rental contracts
  • Device maintenance and inspection logs
  • Updated treatment consent packets
  • Staff training documentation

While these steps require time and attention upfront, they are far less costly than navigating litigation, licensing issues, or regulatory investigations later.

“Spend the time upfront. Do your due diligence. A little effort early on will put you years ahead of the people who skip the steps—and end up paying for it later.” — Chase Howard, Healthcare Attorney

Candela does not provide legal advice. The information provided in this session—whether by the speaker or within the materials—is for informational purposes only. Practices are solely responsible for obtaining independent legal advice to determine their obligations under federal, state, and local laws.

Featuring

  • Chase Howard, Esq.
    Healthcare Law - Florida, USA