Following a probe, the New York Department of State is warning consumers to be cautious about seeking services from medical spas that aren’t properly licensed.

The probe, with the first phase in New York City, inspected 223 businesses, resulting in fines, suspensions, and revocations. While the majority of inspections are still pending hearings and awaiting resolution, 87 of the businesses were cited for possible violations concerning, among other issues, the unlawful practice of medicine.

When a business promotes itself as a “med spa” or as offering “med spa” services, it has to be licensed as a medical facility and licensed professionals must be performing the services, the department says.

A release from the department cited two examples of injuries.

A med spa in Queens “injected unknown substances” into the face, neck, and breasts of a customer and told her that the injections were “Botox, stem cell, collagen treatments, and other injectable or microneedle treatments.” Consequently the customer suffered “redness, bleeding, swelling and substantial pain,” leading to additional injections, which caused pain, itching, trouble sleeping, and a slight fever. Marks from the blisters and some scars still remain. The provider’s cosmetology license was revoked.

The second example was of an esthetician, who was operating an unlicensed salon in Warwick, and providing, among other things, cosmetic injections, cryotherapy, and laser services ultimately resulting in a MRSA infection, sepsis, and hospitalization to a consumer. Following investigation, the Secretary of State issued an emergency suspension order and negotiated the revocation of the esthetician’s license.

“Consumers need to be aware of the dangers when medical procedures, including cosmetic medical procedures, are being performed by individuals without an appropriate license, such as a physician or a nurse,” said Secretary of State Walter T. Mosley in the release. “Unlicensed or unqualified staff, dirty needles, expired or counterfeit drugs such as Botox or fillers, and unsanitary conditions can lead to serious injury or even death. I urge consumers to pay close attention to our tips so they can get the services they want and not pay the ultimate price with a botched treatment.”

Advice

These are among the tips the department provides:

— Even a “non-invasive” procedure may be a medical procedure requiring a professional license. Before receiving any treatment, view the Department of State’s website to learn the professional license required, and ask your provider if they hold that license.

Common medical procedures offered at med spas include injections of any drugs (including Botox) or any fillers (including as Restylane) whether by needle or pressure pen; cool sculpting; liposuction, cryotherapy, microneedling, ear candling, laser procedures (except for laser hair removal), peels (dermal), pen treatments, plasma treatments, radiofrequency procedures, skin tag removal, ultrasound, intravenous therapy, hormone replacement therapy, or vitamin infusion;

— Providers offering these services through a professional entity, such as a professional corporation (PC) or a professional limited liability company (PLLC), must receive a Certificate of Authorization from the New York State Education Department. Before receiving any treatments, consumers can verify an entity’s professional licensure on the NYS Education Department’s website.

“Even if the provider is organized as a “PC” or “PLLC” they cannot have the word ‘spa’ in their name. If your medical provider has ‘spa’ in their name, that could be a red flag for other violations,” the department advises.

There is no individual state agency that licenses providers of med spa services. Depending on the type of services provided, providers may be regulated by the Department of State, the State Education Department and/or the Department of Health.

Consumers are advised to check with the appropriate agency to ensure that such providers are appropriately licensed prior to services being performed;

—  Medical facilities that offer med spa services usually have a medical director who is a licensed physician or nurse practitioner in good standing. The name of the medical director and their credentials should be easily found on the business’s website. Physician practices are owned, operated and staffed by licensed physicians or nurse practitioners. Licensed physician assistants and registered nurses often work for physician practices.

It is a red flag if this information is not available. Look for any memberships to reputable professional organizations or associations. Check the New York State Department of Health Office of Professional Medical Conduct website to see if the physician has had disciplinary action taken against them. Additionally, you can verify whether someone is a licensed health care professional, such as a physician or nurse, on the New York State Education Department’s website;

— All providers of med spa services must provide consultations and give you the opportunity to ask questions about the procedures you’d like to have done. These are medical procedures, and you must be seen by a medical professional prior to receiving any services. You c should ask questions about who will perform the procedure and what experience they have and whether they have had adverse outcomes;

— Consumers need to file complaints with the appropriate authority. For complaints about a physician or physician assistant, file with the Department of Health's Office of Professional Medical Conduct at 1-800-663-6114.

For complaints against unlicensed med spa service providers, file with the New York State Education Department Office of the Professions. For complaints against estheticians or cosmetologists performing med spa procedures, file online with the New York Department of State Division of Licensing Services or call 518-474-4429.

In cases where an unlicensed practitioner has performed a procedure in violation of the law that has caused harm, consider contacting local law enforcement.