Med spas are becoming increasingly popular and understanding the Med Spa Laws is very important. Before considering what is a med spa, you must first understand the providing service or services. Which scope of practice will this service be categorized under. Below you will find detailed information regarding various med spa practices.
1.0 MEMBERSHIP RIGHTS
1. Generally, Member agrees to pay the annual/biannual fees established for its Membership
Class, as may be amended from time to time in accordance with the Bylaws. Dues are yearly
and payment is required upon signing (to activate membership) and upon renewal (on the
anniversary of membership activation). The NMSA will placed on recurring payments by default at time of enrollment. Members who do not with to use recurring payment must notify us 7 days prior to renewal to cancel along with providing closure of business form provide by the Secretary of State.
2. Compliance with Policies. Member agrees to abide by, and shall have all applicable rights
and obligations as set forth in, the Bylaws, NMSA Intellectual Property Rights Policy (the
by NMSA, as any of these may be amended from time to time, all of which are hereby
incorporated by reference (the “NMSA P&Ps”).
3. Suspension and Termination. The NMSA Board, at its election, may terminate
membership upon bankruptcy or withdrawal from AND cessation of business by Member.
NMSA shall also have the right to (i) suspend participation of Member if it fails to pay its
annual fees on time, or (ii) suspend or cancel participation of Member if it violates any of the
NMSA P&Ps or engages in conduct seriously prejudicial to the purposes and interests of
NMSA and fails to correct that breach within thirty (30) days of notice from NMSA or the
NMSA staff. No refunds of Membership fees or other payments will be given. Suspension
and termination are subject to NMSA Bylaw 2.13.
1. Authority to Execute Agreement. The person entering into this Agreement on behalf of
Member hereby represents, warrants and covenants to NMSA that (a) it has the authority to
enter into this Agreement and to perform its obligations hereunder; (b) the execution and
performance of this Agreement does not and will not violate any agreement to which Member
is a party or by which it is otherwise bound; and (c) when executed and delivered, this
Agreement will constitute a legal, valid and binding obligation of Member, enforceable in
accordance with its terms.
2. No Other Licenses. By executing this Agreement, Member neither grants nor receives, by
implication, estoppel, or otherwise, any rights under any copyright, patents or other
intellectual property rights of NMSA or another member, except as expressly provided in the
NMSA P&Ps (e.g., NMSA’s right to disclose and publicize the Member’s membership in
NMSA, unless requested otherwise in writing by the Member).
3. No Warranty. Each party acknowledges that, except as otherwise agreed in writing, all services
and information provided to or by NMSA under this agreement is provided “as is” with no warranties
or conditions whatsoever, whether express, implied, statutory, or otherwise, and omg and
member each expressly disclaim any warranty of merchantability, noninfringement, or fitness for
any particular purpose with respect to such services and information.
4. Limitation of Liability. In no event will either omg or member be liable to each other or to
any other member or third party under this agreement for the cost of procuring substitute
goods or services, lost profits, lost revenue, lost sales, loss of use, loss of data or any
incidental, consequential, direct, indirect, punitive, or special damages, whether or not such
party had advance notice of the possibility of such losses or damages. Except for member’s
dues commitment, or in cases of willful misconduct or gross negligence, or where required
by applicable law, or as otherwise agreed in writing, the aggregate liability of NMSA to member
and to other parties, and of member to omg, to other NMSA members or to other parties,
shall not exceed the past 12-24 months’ membership fees paid by the member to NMSA.
5. Governing Law. This Agreement shall be construed and controlled by the laws of the
Commonwealth without reference to conflict of laws principles. If any claim or dispute
between the parties is not resolved by good faith negotiations, any suits or proceedings
pursued by either party shall be brought in the Federal or state courts located in New York,
to NMSA jurisdiction hereby submits.
6. Complete Agreement; No Waiver. This Agreement, including all attachments, sets forth the
entire understanding of NMSA and Member and supersedes all prior agreements and
understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any
breach or default will not constitute a waiver of any other right hereunder or any subsequent
breach or default.
7. Amendment. All amendments to this Agreement or to any NMSA P&Ps shall be effective
upon their stated effective date. Member shall be given at least thirty (30) days prior written
notice of the effective date of an amendment to this Agreement, including as a result of any
changes to the NMSA Bylaws or NMSA P&Ps, which is adopted in accordance with the Bylaws and that directly and materially affects adversely any of the rights or obligations applicable to Member hereunder (each of the foregoing, an “Amendment”). If Member does
not agree to any such Amendment to this Agreement that was approved in accordance with the Bylaws, then Member shall provide written notice to NMSA of such disagreement prior to the end of the 30-day notice period. If the parties are not able to reach a mutually acceptable accommodation (for example, the parties agree to a phase-in of the Amendment, NMSA determines to withdraw, suspend or modify the Amendment, or NMSA grants Member a waiver or variance), this Agreement and Member’s membership in NMSA shall terminate
automatically upon expiration of the 30-day notice period, unless Member elects to withdraw by written notice on an earlier date. Amendments shall be prospective only unless otherwise
agreed to by the Member and NMSA. No termination or withdrawal pursuant to this
paragraph will entitle Member to a refund of Membership dues or other fees, all of which are nonrefundable.
8. No Rule of Strict Construction. Regardless of which party may have drafted this
Agreement, no rule of strict construction shall be applied against either party. If any provision
of this Agreement is determined by a court to be unenforceable, the parties shall deem the
provision to be modified to the extent necessary to allow it to be enforced to the extent
permitted by law, or if it cannot be modified, the provision will be severed and deleted from
this Agreement, and the remainder of this Agreement will continue in effect.
9. Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but collectively shall constitute one and the same instrument.
10. Compliance with Laws. Anything contained in this Agreement to the contrary
notwithstanding, the obligations of NMSA and Member shall be subject to all laws, present
and future, of any government having jurisdiction over NMSA and Member including, without
limitation, all export and re-export laws and regulations. It is the intention of NMSA and
Member that this Agreement and all referenced documents shall comply with all applicable
laws and regulations.
11. Headings. NMSA and Member acknowledge that the headings to the sections hereof are for
reference purposes only and shall not be used in the interpretation of this Agreement.
12. Assignment. Member may not assign its rights or obligations under this Agreement without
the prior written consent of NMSA or as otherwise set forth in the Bylaws. For purposes of
this Agreement, an assignment shall be deemed to include a transfer or sale of all or
substantially all of the business of Member, or a merger, consolidation or other transaction
that results in a change in control of Member.
13. Force Majeure. Neither NMSA nor Member shall be liable hereunder by reason of any
failure or delay in the performance of its obligations hereunder on account of strikes,
shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental
action, labor conditions, earthquakes or any other cause which is beyond the reasonable
control of such party.
14. Logos and Names. You grant NMSA the right to use your organization’s name and logo on
the NMSA website and on related marketing materials, solely to indicate your membership in
NMSA. As long as you remain a member in good standing, you may use NMSA’s name and
logo, in the format and with the notices provided or requested by NMSA, solely to indicate your membership in NMSA.
Membership Cancellation by Participant
Membership and recurring annual payment cancellations received within 7 days of registration/renewal may be eligible to receive a full refund less $250.00 service and filing fee. Cancellations received after the stated deadline will not be eligible for a refund.
Renewal Cancellations will be accepted via phone or e-mail and must provide a copy of cancellation of business form provided by applicants Secretary of State and must be received by the stated cancellation deadline. In addition:
• All refund requests must be made by the member or credit card holder.
• Refund requests must include the name of the member and/or transaction number.
• Refunds will be credited back to the original credit card used for payment.
• All benefits and incentives received by the participant must be cancelled/returned to the NMSA unopened or tampered.
Individuals who wish to complete any post-secondary training such as a Day program or a program that doesn’t exceed 6 months, can obtain a Non-Professional Occupational License. These licensing types are usually issued by self-regulatory boards. These occupations are usually categorized as Personal Care Services under the NAICS industry classification code. Services such as body sculpting is classified as a professional services and operators who wish to practice these services or an NMSA approved services will obtain an NMSA Non-Professional Occasional License which must be displayed at registered business facility. Along with the complaint form and any certifications of achievements.
Individuals seeking a Professional Occupational License must complete a minimum of 1 year training program. These programs are tailored to professional occupations such as lawyers, doctors, medical aids, cosmetologist etc.
These licensing types are usually issued by local state or federal agency.
Individuals who work with a licensed facility will be required to hold an Occupational License. If the provider is offering Non-Invasive Aesthetics, they must obtain the appropriate licensure through the National Medspa Association. If they are offering services that requires a professional license, such as Cosmetology, Massage Therapy, or any other professional services they must contact the appropriate licensing board.
Sub-providers who work in a Non-invasive facility will have the option to hold an Independent Sub-Provider or Dependent Sub-Provider occupational license.
Independent Sub-Providers– are individuals who are allowed to work outside of the licensed facility. The Facility owner will not be responsible for providing Insurance to the sub-provider. Individual Sub-Providers will be responsible for contacting the NMSA directly if they wish to hold a facility license.
All Independent Sub-Providers are responsible for purchasing their own occupational license by providing the Facility owner with the full cost to be purchased upon signing this document.
Dependent Sub-providers– are individuals who work in a licensed facility long-term. These individuals are usually covered on the facility insurance and are not responsible for obtaining private insurance. If the individual wish to part ways from the licensed facility, they must sign an NDA and Facility Release form with the facility owner before they can obtain their own facility license through the NMSA. If the Facility owner does not sign any of the following documents, the licensee will be required to file a Facility Separation Complaint, and a NMSA Representative will evaluate the case appropriately and determine the best solution.
Facility owners are responsible for purchasing the dependent Sup-Provider’s license below.
NMSA will carry out inspections of the practitioner and/or training provider premises (from where they operate). NMSA is working to seek fit-for-purpose high self-regulation of the non-invasive aesthetic industry, to include all those who are offering this as a non-invasive aesthetic treatment to the public. Inspections are random and at will of the NMSA.
The inspector will arrive, introduce himself/herself and present an Official Inspector ID. The inspector’s ID contains the inspector’s access code. If you would like to confirm an inspector’s identity, please call our customer service division at 443-733-NMSA. One of our representatives will verify the inspector’s name and access code.
The inspector will ask to speak to the owner or manager. If neither is available, the inspector will notify the person in charge that the inspection will proceed.
The inspection will check for the following items:
Current facility license
Consumer complaint sign
Most recent inspection reports
Current operator licenses (with current photo of licensee attached)
A list of independent contractors
Resellers License for products being sold
Occupational Sealed Certification
Health and Sanitation Standards
· Implements cleaned and sanitized before use on each client
· Wet disinfectants
· Dry storage areas
· Towel storage (clean and soiled)
· Treatment area
· Single use items being discarded after each use.
· Restrooms (hot and cold running water, clean and in working order, no chemicals stored in restroom)
· Walls, floors, furniture, and equipment are clean and in good repair in accordance with the sanitation rules
· An autoclave if providing Oral Services
· Check that prohibited products are not in use and that no prohibited practices are being performed.
Public Information Act Policy Director Listing
The NMSA License Data Search provides information about Accredited and licensed individuals for those professions and businesses that are regulated by the Department of Business and Professional Regulation. Individuals seeking licensing information can do so through our user-friendly, self-service NMSA Open Record Center (ORC) License Directory.
You agree to have you information such as business address, license number, phone number, email etc. published in our directory.