40% of New York Med Spas Failed DSCSA Inspections: Med Spa Compliance Warning
Med spa treatments have exploded in popularity over the past few years. Botox, fillers, IV therapy, laser treatments what once felt exclusive is now widely accessible. But with rapid growth comes risk.
After the Texas inspection in the Med Spa made the headlines, The New York Department of State is warning consumers about the dangers of unlicensed med spas after a statewide investigation that included 223 inspections, with 87 businesses cited for possible violations of state law. During the inspections, investigators observed expired and suspected counterfeit products, as well as the presence of controlled substances, including Fentanyl, Xylocaine, and Propofol.
Investigators discovered sharps containers with used needles, new unopened needles, and medical devices for procedures like laser liposuction, buttock augmentation, centrifugation, non-ablative skin lasers, cryotherapy, and laser tattoo removal. Investigators also identified numerous individuals without the appropriate license providing these medical services. The majority of inspections are still pending hearing and awaiting resolution, but outcomes following several inspections have ranged from monetary fines to license suspensions or license revocations. The Department of State’s Division of Licensing Services is continuing to inspect these types of businesses as part of their annual inspection program.
Read the Full Article by New York State
A Wake-Up Call for the Aesthetics Industry
Based on the results of the Department’s inspections, and reports of injuries to Med Spa customers receiving injections of counterfeit drugs by unlicensed individuals, such as allergic reactions, burns, double vision and harmful poisoning, the Department’s Divisions of Licensing and Consumer Protection are providing consumers guidance to ensure they are receiving safe care from a licensed professional.
A business that is promoting itself as a ‘med spa’ or offering ‘med spa’ services MUST be licensed as a medical facility and licensed professionals must be performing the services
The Biggest Misconception: “Non-Invasive” Doesn’t Mean Non-Medical
One of the most common misunderstandings in the med spa world is the belief that certain procedures are “safe” because they’re labeled non-invasive. In reality, many popular services are legally classified as medical procedures, including:
- Botox and dermal fillers (needle or pressure pen)
- IV therapy and vitamin infusions
- GLP-1 weight loss injections (like Ozempic)
- Microneedling and chemical peels
- Cryotherapy and CoolSculpting
- Laser procedures (beyond hair removal)
- Hormone replacement therapy (HRT)
👉 Any business offering these services must be properly licensed as a medical facility and operate under qualified medical professionals.
5 Questions Every Med Spa Patient Should Ask
✅ Is the provider properly licensed?
Any business offering injections, IV therapy, laser treatments, or similar services must operate as a licensed medical facility or medical practice. If licensing information isn’t easy to find, that’s a red flag.
✅ Who will actually perform the procedure?
Are they a licensed physician, nurse practitioner, physician assistant, or registered nurse?
What training and experience do they have with this specific procedure?
If a provider avoids these questions or gives vague answers, walk away.
✅ Is there a medical consultation first?
A legitimate med spa will always require a consultation with a qualified medical professional before treatment. You should have time to ask questions, review risks, and understand aftercare.
✅ Are the products verified and legitimate?
Botox, fillers, weight-loss injections, and IV medications should come from authorized sources—not “discount suppliers.” Counterfeit or expired products can cause serious harm.
✅ Does the facility look clean and professional?
Sanitation matters. Proper sharps disposal, sealed products, clean treatment areas, and professional equipment aren’t optional – they’re essential.
When it comes to your health, transparency isn’t a luxury, it’s a requirement.
A Smarter Way for Med Spas to Stay Compliant
Med spa compliance today requires clear documentation, verified medical products, and accountability for every procedure performed. With nearly 40% of inspected med spas cited by New York regulators, businesses must be able to demonstrate who performed a medical service, under which licensed professional, and where injectable or medical products originated. InfiniTrak is a cloud-based compliance and traceability solution that helps med spas support regulatory requirements by maintaining secure, audit-ready records, product verification, and transparent workflows. By strengthening visibility across treatments and supplies, InfiniTrak enables med spas to reduce compliance risk, support patient safety, and remain inspection-ready as enforcement continues to increase.