Florida is the state most often described wrongly. It does not broadly prohibit the corporate practice of medicine, so a non-physician can own a med spa here. The gate that actually catches operators is the Health Care Clinic Act, and it is administered by AHCA rather than by the medical board.
That single difference invalidates most of the national compliance advice sold into this market. Content written for California does not describe Florida, and structures built for California are usually solving a problem Florida does not have while missing the one it does.
What Florida actually requires
- A medical director holding an active, unencumbered Florida MD (Ch. 458) or DO (Ch. 459) license. No specialty is required — the idea that only a dermatologist or plastic surgeon will do is a marketing claim, not a rule.
- A determination of whether your entity meets the clinic definition under the Health Care Clinic Act (Ch. 400, Part X). If it does, you need an AHCA license.
- If you believe you are exempt under § 400.9905(4), you generally apply to AHCA for a certificate of exemption rather than simply assuming it.
- Day-to-day supervision of a licensed clinic by a single medical or clinic director. Failure here is grounds for emergency suspension, not a warning letter.
- Written protocols matched to the service menu you actually offer, kept current as the menu changes.
Who may do what in Florida
| License | What they may do |
|---|---|
| MD or DO | Independent, within their own competence |
| ARNP | Under a written protocol (Fla. Stat. § 464.012) |
| Physician assistant | Under delegation from the supervising physician |
| Registered nurse | On delegation, after a physician examination and a written order |
| Unlicensed staff | Not for medical procedures, under any arrangement |
RN authority for aesthetic injection has been the subject of recent Florida Board of Nursing clarification. We flag it rather than assert a position — confirm the current reading before you build a staffing model on it.
What MDside provides in Florida
- A Florida-licensed MD or DO named as your medical director, doing the actual work: protocol approval, chart review, availability, adverse-event response.
- The AHCA question answered before you sign a lease — license, exemption, or restructure.
- Protocols and delegation written against your real service list.
- Licensed providers for the good faith exams behind injectables, weight management and hormone therapy.
- 503A and 503B pharmacy relationships and in-house or reference lab draws.
See everything that is included, or book a call and tell us which states you operate in.
Read the detail on Florida
Frequently asked questions
Does Florida prohibit non-physician ownership of a med spa?
No. Florida does not broadly prohibit the corporate practice of medicine, so a non-physician may own a med spa. The constraint that catches most operators is AHCA clinic licensure, not ownership.
Does a Florida medical director have to be a dermatologist?
No. Florida requires an active, unencumbered MD or DO license. No specialty is mandated. Vendors pricing a directorship on the premise that only a dermatologist qualifies are selling a story.
Do I need an AHCA license or an exemption?
It depends on whether your entity meets the statutory clinic definition. Where an exemption at § 400.9905(4) applies, you generally apply to AHCA for a certificate of exemption rather than assuming it silently.
General information about Florida practice structure and med spa regulation, not legal advice. Statutes, board rules and scope-of-practice requirements change. Confirm your obligations with healthcare counsel licensed in Florida.