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JJC Attorneys at Law
menu
  • Our Team
    • Jeff Green
    • Jimmy Courtenay
    • Cayce Peterson
    • Justin Alsterberg
    • David Geerken
    • Josh Marino
    • Rachel Naquin
    • Grant Wood
    • Paralegal Professionals
  • Areas of Practice
    • Maritime Injuries
    • Commercial Litigation
    • Defective Products
    • Insurance Claims
      • Louisiana Hurricane and Storm Center
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  • What to Expect
    • About our Firm
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    • FAQ
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(504) 513-8820

A Guide to Medical Spa Safety & Your Rights in Louisiana

Under Louisiana law, many med spa treatments are classified as medical procedures. Without required physician oversight, these services can result in serious complications like chemical burns, nerve damage, or permanent scarring.

The Rise of Med Spas — and Why Oversight Matters

The medical spa industry is one of the fastest-growing sectors in health and wellness. Louisiana residents can now access everything from laser hair removal to injectable fillers and chemical peels at facilities that feel more like a luxury spa than a medical clinic.

That environment — comfortable, casual, and consumer-friendly — can create a false sense of safety. Many people don’t realize that the treatments being offered in these settings are, under Louisiana law, classified as medical procedures. And medical procedures require medical oversight.

When that oversight is absent, the consequences can be serious and permanent.

This guide is designed to help Louisiana consumers understand what the law requires, how to ask the right questions before any treatment, and what options exist if something goes wrong.

On This Page
  • What Louisiana Law Actually Requires
  • Is It a Spa Treatment or a Medical Procedure?
  • Common Injuries from Med Spa Procedures Gone Wrong
  • Your Pre-Treatment Checklist
  • Frequently Asked Questions
  • About the Author
  • A Note on This Guide

What Louisiana Law Actually Requires

To protect patients, the Louisiana State Board of Medical Examiners (LSBME) has established clear rules for procedures commonly offered at med spas. The Board’s position is direct: treatments like laser therapies and chemical peels are the practice of medicine, not cosmetic services. As such, these medical procedures require direct physician supervision.

What Is “Direct Physician Supervision”?

According to the LSBME’s official statement, ”direct physician supervision” means the licensed physician must be:

“…physically present on the premises and immediately available at all times that the non-physician is on duty and retains full responsibility to patients and the Board for the manner and results of all services rendered.”

This means a physician’s assistant, registered nurse, or aesthetician, no matter how experienced, does not satisfy this requirement. For medical procedures, a medical doctor must be in the building and immediately available throughout your treatment.

Source: Louisiana State Board of Medical Examiners, “Statement of Position: Use of Medical Lasers, Chemical Skin Treatments,” Revised November 13, 2001. [View the LSBME’s official position →]

Is It a Spa Treatment or a Medical Procedure?

Knowing the difference matters. The table below outlines common treatments and what Louisiana law requires for each.

ProcedureClassificationSupervision Required
Laser Hair RemovalMedicalDirect Physician Supervision
Botox & Dermal FillersMedicalDirect Physician Supervision
Chemical PeelsMedicalDirect Physician Supervision
Photofacials / IPLMedicalDirect Physician Supervision
Basic FacialsSpaLicensed Aesthetician (No MD Required)
DermaplaningSpaLicensed Aesthetician (No MD Required)
Body WrapsSpaLicensed Aesthetician (No MD Required)

Important note on chemical concentrations: Even treatments that appear to be standard spa services can cross into medical territory. The LSBME specifically identifies glycolic acid, lactic acid, resorcinol, salicylic acid, and trichloroacetic acid as chemicals that carry significant risk to the public when used in high concentrations (greater than 14%) without adequate physician supervision, regardless of how a facility categorizes the service.

Common Injuries from Med Spa Procedures Gone Wrong

When facilities operate without proper physician oversight, clients can suffer injuries that go far beyond what most people would expect from a cosmetic treatment. 

Injuries reported in Louisiana med spa negligence cases include:

  • Burns — first, second, and third-degree burns from improperly calibrated laser equipment and/or improperly administered chemical peels
  • Permanent scarring and keloids — tissue damage that no corrective treatment can fully reverse
  • Pigmentation changes — hyperpigmentation (darkening) or hypopigmentation (lightening) of the skin
  • Infection — resulting from unsterilized equipment or improper technique
  • Nerve damage or facial paralysis — from injections administered incorrectly or by unqualified staff
  • Severe allergic reactions — from chemicals applied without proper patient screening

These injuries often require extensive corrective medical care that can be costly, painful, and  only partially effective in some cases.

Your Pre-Treatment Checklist

Before any med spa treatment, you should ask questions. A reputable, compliant facility will answer them clearly and without hesitation.

Questions to ask before you sit down:

  • Who is the supervising physician for this facility?
  • Will that physician be physically present in this building during my entire treatment?
  • What are the specific credentials and training of the person who will perform my procedure?
  • Has this technician performed this exact procedure before, and how many times?

Red flags to watch for:

  • Vague or evasive answers about who the supervising physician is
  • Staff who cannot confirm the doctor will be on-site during your procedure
  • Refusal to share the credentials of the person performing your treatment
  • High-pressure sales tactics or heavily discounted prices that seem too good to be true
  • A facility that does not appear clean or professionally maintained

Frequently Asked Questions

What’s the difference between an aesthetician, a nurse, and a doctor at a med spa?

Aesthetician: A professional trained and licensed in cosmetic skin care, such as facials, waxing, and similar treatments. Aestheticians are not medical professionals. They can perform certain procedures, but only within their licensed scope and only under direct physician supervision when the treatment is designated as a medical procedure.

Nurse (RN or NP): A licensed medical professional who can perform many clinical tasks. However, under Louisiana’s med spa regulations, a nurse or nurse practitioner does not satisfy the requirement for on-site physician supervision for designated medical procedures. 

Doctor (MD or DO): A licensed physician who has completed medical school and residency training. In Louisiana, a medical doctor is the only professional who can legally serve as the required on-site supervisor for laser treatments, injectables, chemical peels, and other designated medical procedures.

Can I sue a med spa in Louisiana if I was injured?

If your injury resulted from treatment by inadequately trained or unsupervised staff, then you may have grounds for a legal claim. Depending on the specific facts of your case, liability may extend to the facility itself, the medical director, and the individual provider who performed the procedure. Every situation is different. 

Does signing a waiver mean I have no legal options?

No. A waiver or consent form confirms that you understood the known risks of the procedure when performed correctly. It does not protect a facility from negligence.

Performing a medical procedure without a physician physically present is a direct violation of the standard of care established by the LSBME. The Board itself has stated that non-physicians performing these treatments outside of the required supervision framework “will necessarily be engaged in the unauthorized practice of medicine as defined by Louisiana law.” A signed waiver does not change that.

What should I do immediately if I think I’ve been injured at a med spa?

1. Seek medical attention first. Go to an urgent care clinic, emergency room, or board-certified dermatologist as soon as possible to have your injury assessed and treated. Your health comes before anything else.

2. Document your injuries. Take clear, well-lit photographs of your injuries as soon as possible. Continue photographing them daily to document how they progress or change over time.

3. Record the details of the visit. While everything is still fresh in your memory, write down the date, time, name of the facility, name of the person who performed the procedure, and, if possible, the name and model of any device or equipment that was used.

4. Do not sign anything the facility sends you. If the facility contacts you after the injury and asks you to sign any documents or accept any offer, do not do so before consulting an attorney. What you sign can affect your legal options.

5. Consult an attorney. Louisiana’s laws around med spa injuries involve specific deadlines and procedural requirements. Understanding your options early gives you the most time to make informed decisions.

How long do I have to file a claim in Louisiana?

This is one of the most important and most misunderstood questions for med spa injury cases.

While Louisiana recently extended the time to file most personal injury claims to two years from the date of the injury, that extension does not apply to medical malpractice claims at this time.

Med spa cases occupy an unusual legal space. Because these facilities provide services that Louisiana classifies as medical procedures, some claims may be treated as medical malpractice rather than general personal injury. Medical malpractice cases in Louisiana follow a different and stricter timeline: generally one year from the date you knew or should have known of the malpractice, with an absolute three-year cap from the date the procedure occurred regardless of when you found out about the potential malpractice.

The classification of your claim, personal injury or medical malpractice, can significantly affect your filing deadline and your legal options. 

Is a med spa injury covered under Louisiana’s medical malpractice laws?

It depends on the facts of your situation — specifically, how the facility was structured, what procedure was involved, and how the claim is characterized legally. Because the LSBME classifies many med spa treatments as the practice of medicine, some cases do fall under medical malpractice rules, which carry different procedures and deadlines than standard personal injury claims.

What compensation may be available if I was injured at a med spa?

Depending on the facts of your case, recoverable damages may include medical expenses (including the cost of corrective procedures), lost wages, pain and suffering, and compensation for permanent disfigurement or disability. 

The specific amount and type of compensation available varies significantly based on the circumstances of each case.

Are all med spas bad?

No, med spas can provide a relaxing environment with quality services, as long as their aestheticians have the proper training and physician oversight.


About the Author

Rachel Naquin attorney

Rachel Naquin
Attorney at Law | JJC Law | New Orleans, Louisiana

Rachel Naquin is a New Orleans native and personal injury attorney at JJC Law whose practice focuses on medical malpractice cases. She has extensively researched the regulatory landscape governing medical spas in Louisiana and the LSBME’s long-standing requirements for physician supervision.

Rachel is a recipient of the Louisiana State Bar Association’s Top 40 Under 40 award and is admitted to practice before all Louisiana state and federal courts, including the United States Court of Appeals for the Fifth Circuit. She represents clients at both the trial and appellate levels.

[Read Rachel’s full biography →]


A Note on This Guide

This guide was written to provide general educational information about Louisiana’s medical spa regulations and consumer rights. It is not legal advice and does not create an attorney-client relationship. Laws and regulations change — if you have a specific legal question or believe you may have been injured, please consult a licensed Louisiana attorney.


Sources: 

  • Louisiana State Board of Medical Examiners, Statement of Position: Use of Medical Lasers, Chemical Skin Treatments, Revised November 13, 2001. 
  • Louisiana Civil Code Art. 3493.1 (Personal Injury Prescriptive Period, as amended July 1, 2024) 
  • Louisiana Revised Statutes § 9:5628 (Medical Malpractice Prescriptive Period)

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