Unlicensed medical procedures, lack of liability insurance, unhygienic conditions, and mislabeled products revealed at inspected locations

City Hall, NY – Today, the New York City Council released a report detailing the preliminary results of a joint city-state investigation into the operations and practices of 15 medical spas (medspas) operating in the five boroughs that found health and safety violations of state law. Coordinated by the Council’s Oversight and Investigations Division (OID) in partnership with New York State Department of Health Bureau of Narcotics Enforcement (BNE) and Bureau of Investigation (BI), Department of Education (NYSED), and Department of State (DOS), the investigation assessed a rapidly expanding industry in the city and nation with their compliance with regulations related to licensing, hygienic practices, proof of insurance, and use of controlled substances. Violations were revealed and issued at every inspected business, posing dangers to the New Yorkers purchasing their services. These spanned from conducting medical procedures without appropriate licensing and oversight to missing liability insurance, maintaining unhygienic conditions and tools, using unlabeled products, and failing to display proper licenses.

The full report, entitled Moving the Needle, can be found here.

“Every New Yorker must be able to trust that city businesses they visit comply with state legal regulations to protect consumers’ health and safety,” said Speaker Adrienne Adams. “Yet, this joint investigation revealed that too many medspas are openly disregarding the law and endangering their customers. The systemic issues revealed through this critical investigation warrant strict enforcement and further examination to protect New Yorkers. I commend the Council’s Oversight and Investigations Division and our state partners for spotlighting harmful practices in a growing but overlooked industry.”

Following the inspections between June and September 2024 that led to the issuance of violations, disciplinary proceedings were initiated against all inspected locations by DOS’ Licensing Division. Thus far, four businesses have lost their licenses and the ability to legally operate. Proceedings against the other 11 businesses are ongoing. An outline of some of the issued violations and their prevalence across the inspected locations include:

  • Offering medical procedures without the legally required licensure and oversight (100%)
  • Failing to properly display their licenses (93%)
  • No medical oversight during procedures (73%)
  • Chemical or fire safety violations (66%)
  • Lack of liability insurance (60%)
  • Sanitation or hygiene issues (53%)
  • Labeling issues with products being used (46%)
  • Relying on unlicensed employees or those whose licenses had expired (26%)

Medspas are businesses that often blur the line between a spa and doctor’s office, offering both appearance enhancement and medical services. They have grown by thousands of locations across the nation over the past 15 years, becoming a multi-billion-dollar industry. Under New York state law, esthetic, cosmetology, and nail businesses require Appearance Enhancement Business (AEB) licenses issued by DOS, while the authority to conduct medical procedures like Botox, fillers, and IV therapy require licensed medical professionals.

“New Yorkers deserve to know that the services they’re paying for are safe, legal, and provided by trained professionals,” said Council Member Gale A. Brewer, Chair of the Committee on Oversight and Investigations. “This investigation makes clear that locations across the city may be cutting corners, putting people at risk, and operating far outside the bounds of the law. I thank the Oversight and Investigations Division and our state partners for their rigorous work uncovering these violations. We need stronger oversight, more transparency for consumers, and real public education so that every New Yorker can make informed decisions about their health and safety.”

“The rise in safety violations at unlicensed medical spas and beauty enhancement clinics, as outlined by the Council’s Oversight and Investigations Division, is a serious threat to public health and consumer safety,” said Council Member Julie Menin, Chair of the Committee on Consumer and Worker Protection. “It is unacceptable for unlicensed individuals to perform procedures that put New Yorkers at risk. I thank Speaker Adrienne Adams, Council Member Gale Brewer and the Oversight and Investigations Division for their recommendations to strengthen enforcement, improve transparency in professional licensing, and expand outreach so patrons can make informed decisions about services being offered.”

To ensure the health and safety of New Yorkers seeking medspa services, the Council recommends the following steps:

Legislative

  • State lawmakers should consider legislation that would require AEBs to prominently post a standardized notice stating that they are not licensed to perform medical procedures. The notice should include a list of common services that cannot be legally provided.

Enforcement

  • The relevant state agencies should conduct regular, standardized inspections of medspas modeled on this initiative to ensure compliance with licensing, sanitation, insurance, and medical requirements.

Education

  • New York State should launch a launch a coordinated multi-media education campaign to help New Yorkers recognize unlicensed or unsafe facilities, understand the medical risks associated with certain procedures, and know their rights.

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