Medical and Aesthetic Procedures in Salons: When Is a License Mandatory
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If you have opened a cosmetology clinic, piercing studio, or simply a cosmetology office, be prepared for attention from regulatory authorities. The reason is simple: this type of business may require a medical practice license, but it may not. It depends on exactly what procedures the facility performs, who performs them, and whether they qualify as a medical practice.
This distinction is important in practice. If the procedures you perform at your salon fall within the activities that require a license and you do not have one, you may at least face a fine.
In this article, we explain how to determine whether you need a license for your particular business.
Which Cosmetic Procedures Are Considered Medical Practice?
The key criterion for determining whether a license is required is not the name of the salon or specialist’s office, but the nature of the procedures being performed.
Medical practice includes activities involving the provision of medical care, prevention, diagnosis, treatment, or rehabilitation carried out by appropriately qualified healthcare professionals.
Put simply, certain cosmetic procedures involve medical techniques and may require a license, including:
- cosmetic correction of skin defects and assessment of aesthetic skin conditions;
- botulinum toxin injections;
- dermal filler treatments for contouring;
- mesotherapy;
- biorevitalization;
- plasma therapy (PRP therapy);
- microneedling;
- thread lifting;
- certain laser procedures;
- the use of physical and chemical agents, including chemical peels, photodynamic therapy, ultraviolet radiation, cryotherapy, and other medical technologies.
Such procedures may only be performed by healthcare professionals, and the facility must have a valid medical practice license.
At the same time, not all cosmetic services constitute medical practice. Aesthetic procedures that generally do not require a medical license include:
- skincare treatments;
- non-invasive skin cleansing;
- facial massage;
- application of cosmetic products;
- eyebrow and eyelash tinting;
- most SPA treatments;
- superficial cosmetic procedures that do not involve breaking the skin.
In each particular case, it is important to consider not only the name of the procedure, but also how it is performed, what equipment is used, and the qualifications of the person performing it.
More on the topic: How to Start a Cosmetology Business: Sole Proprietor or LLC, License, Team
Does a Beauty Salon Need a Doctor or Is a Cosmetologist Enough?
Option 1: Your office or clinic plans to offer procedures from the first list, meaning procedures that involve the use of medical techniques. In this case, as discussed above, you will need a license. You cannot obtain one without having a doctor on staff.
According to the Ministry of Health’s guidance (see here), medical cosmetic procedures are performed by a dermatological surgeon or a dermatologist. These specialists are authorized to perform cosmetic correction of skin defects, use injection techniques, treat skin diseases, and address other conditions accompanied by cosmetic defects.
In addition to a doctor, junior medical staff may also be involved in providing cosmetic care, but only under the doctor’s supervision and in accordance with the doctor’s instructions.
There is no separate medical specialty called “cosmetologist” in Ukraine. The Nomenclature of Medical Specialties does not include such a specialty. Therefore, if you employ someone with a qualification described this way, even if they claim to have the necessary knowledge and skills to perform these procedures, you will not be able to obtain a medical practice license, and providing such procedures would be unlawful.
Option 2: You plan to offer massage or other superficial cosmetic procedures from the second list, and nothing else. In this case, you can employ, for example, a specialist with a degree in “Technologies of Perfume and Cosmetic Products,” who can advise clients on how to use particular cosmetic products.
Related: Is There Such a Specialty as a Cosmetic Doctor?
Do All Cosmetic Businesses Need a Medical License?
No. Simply opening a cosmetology salon does not automatically mean that you need to obtain a medical license. Businesses that provide exclusively aesthetic services that do not qualify as medical practice may operate without one.
At the same time, a medical license is required if the business:
- performs injectable cosmetic procedures;
- uses medical techniques to treat or correct skin conditions;
- provides procedures that the Ministry of Health classifies as medical cosmetic care;
- performs other medical interventions covered by law.
Regulatory authorities look not only at the name of the business, but at the services it actually provides, its advertising materials, price lists, equipment, the techniques used to perform the procedures, and the terms of its client agreements.
If a business is effectively engaged in medical practice without the required license, this may result in liability.
Do Piercing Studios Need a Medical License?
Tattooing and piercing services generally do not qualify as medical practice. They are classified separately from healthcare activities under KVED 96.09, so providing these services does not require a medical practice license.
However, regardless of whether the activity requires a license, the business owner must ensure proper sanitary and hygienic conditions, sterilization and disinfection of instruments, the use of disposable materials, and compliance with safety requirements.
It is also advisable to obtain written informed consent or enter into an agreement with clients specifying the details of the procedure, aftercare recommendations, possible risks, and the parties’ respective responsibilities.
If piercing is only one of the services you provide and your other services fall within the criteria and list described above, a medical license will be required.
Read more about the requirements for a cosmetology clinic to obtain a medical license here.
What Are the Consequences of Operating a Cosmetic Salon Without a Medical License?
Depending on the specific circumstances, the following types of liability may apply:
- administrative liability;
- financial sanctions;
- suspension or termination of the business activity;
- revocation of other permits or authorizations;
- civil liability if harm is caused to a patient;
- in certain cases, criminal liability if the violation results in serious consequences.
The risks are particularly significant when a business advertises medical services, performs injectable procedures, or uses medical technologies without properly formalizing its activities.
For this reason, it is much safer to determine whether your planned activities require licensing before you start operating.
How Can You Avoid Potential Issues?
First, determine whether you need a medical practice license and obtain one if required. We have more than 15 years of experience in this area. Over the past three years alone, we have obtained more than 200 licenses.
Obtaining a medical practice license involves more than simply preparing documents for the Ministry of Health. Before submitting the application, you need to make sure that the facility meets all applicable legal requirements concerning the premises, material and technical resources, equipment, staffing, and organization of work.
Our company supports clients throughout the entire licensing process. We can help you:
- determine whether your particular activities require a license;
- review the list of cosmetic services you plan to provide;
- check whether the premises and equipment meet legal requirements;
- assess the facility’s staffing arrangements;
- prepare the complete set of documents required to obtain the license;
- assist with communication with the Ministry of Health until a decision on the license is made.
We know exactly what needs to be done, even if not all of your documents are in perfect order at the outset. This allows you to take the legal and administrative burden off your shoulders and put it in ours.
Contact our lawyers to get an initial consultation and understand what steps you need to take next.
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