For The Record Episode 119: Legal, Compliance and Malpractice Insights Every Medspa Must Know
Running a medical spa today means balancing artistry with accountability. In this powerful episode taken from a lunch keynote at Aesthetic Next, we unpack the high-stakes world of compliance, malpractice, and risk management with four industry leaders who’ve lived it from every angle — legal, financial, operational, and clinical. Whether you’re growing your med spa, preparing for sale, or simply trying to avoid costly mistakes, this conversation is your blueprint for protecting your practice and elevating your business value.
Featuring:
• Justin Marti, Founder & Lead Attorney, Marti Law Group
• Ben Hernandez, Managing Partner & CEO, Skytale Group
• Dr. Justin Harper, Founder of Juvly Aesthetics & CEO of Aesthetic Record
• Brian King, Healthcare Practice Lead, Trucordia / ARAssurance
• Tiphany Hall, PhD, Aesthetic Record | htttps://aestheticrecord.com
The Uncomfortable Truth About Compliance
Compliance isn’t optional—it’s the foundation of your practice’s value. As Dr. Harper explains, “If you haven’t been investigated yet, you probably will.” Investigations are no longer rare; they’re a byproduct of success. Regulators—often unfamiliar with their own evolving rules—are now watching aesthetics closely.
Key Pitfalls:
• Hiring attorneys unfamiliar with medical aesthetics.
• Allowing regulators to overreach beyond the initial complaint.
• Copying what others do on social media without knowing if it’s legal.
Takeaway: Every chart, protocol, and delegation agreement is a legal document in disguise. If it’s not documented, it didn’t happen. And, when the Board Shows Up: Protocol Over Panic
The Regulatory Landscape Is Tightening
Justin Marti sees the trend clearly: it’s not just medical and nursing boards anymore. Pharmacy boards, OSHA, and consumer protection agencies are all getting involved. Even your marketing can get you in trouble—especially if you make unsubstantiated claims about treatments or devices.
The key is proactive transparency and evidence-based protocols. If regulators are uncertain, they default to caution. That means you must be more diligent than ever.
Medical Direction: The Most Overlooked Risk
According to Marti, too many “medical directors” exist only on paper. True oversight means routine meetings, documented delegation agreements, and defined procedures for when your medical director is unavailable.
Compliance & Valuation: Two Sides of the Same Coin
Ben Hernandez takes it to the bottom line: every compliance gap is a discount on your practice valuation. Private equity buyers pay for clean books and de-risked operations, not chaos.
What buyers look for:
• Active provider licenses
• Valid MSO/MSA structures
• No outstanding lawsuits or board complaints
• Documented oversight and chart compliance
If your $5M practice has regulatory red flags, expect the buyer to hold back cash—or walk.
The Malpractice Myth: Paying for Coverage You Don’t Need
Brian King pulls back the curtain on malpractice insurance. Most med spas are stuck paying for coverage designed for surgeons or dermatologist doing more invasive procedures you don’t perform. You’re effectively subsidizing other specialties’ risk.
Enter ARassurance:
Built for medical aesthetics, it offers dedicated risk pools, relevant coverage, and responsive adaptation to new treatments. Lower cost, better protection, smarter alignment. If you are an Aesthetic Record client, you get exclusive access to this medical malpractice cost savings. Get an instant quote at https://trucordia.com/arassurance
Final Thoughts:
Compliance isn’t a bureaucratic chore—it’s the scaffolding that holds up your legal protection. Malpractice and compliance are inseparable. Neglect one, and you weaken both.
Connect with the Panel
• Justin Marti – Marti Law Group | https://www.martilawgroup.com/
• Ben Hernandez – SkyTale | https://skytalegroup.com/
• Dr. Justin Harper – Juvly Aesthetics | https://juvly.com
• Brian King – Trucordia & ARassurance | https://trucordia.com/ARassurance