Delaware Med Spa Regulations
Delaware has no med-spa-specific statute; cosmetic medical procedures are governed by the Medical Practice Act (24 Del.C. Ch. 17) and Board of Medical Licensure delegation rules, with APRNs holding full independent practice authority and physicians responsible for supervising delegated non-physician staff.
Last reviewed: 2026-07-21
Who can inject Botox and dermal fillers in Delaware?
Injectable cosmetic treatments are the practice of medicine: physicians (MD/DO) may perform them, APRNs have full independent authority to prescribe, procure, administer and dispense within their role (24 Del.C. § 1935), and physician associates (PAs) may do so under a collaborating physician. Registered nurses may administer injections pursuant to a valid order from an authorized prescriber but cannot independently order/prescribe. There is no Delaware statute assigning aesthetic injections to any other role.
Source: 24 Del.C. § 1935 — APRN Authority and duties (full-practice: prescribe, procure, administer, dispense), 24 Del.C. § 1703 — Nonapplicability (advanced practice nurses, physician associates, professional nurses acting within their scope), 24 Del. Admin. Code 1700 (Bd. of Medical Licensure) § 11.0 — Delegation of Responsibilities to Non-physicians
Does Delaware require a good-faith exam before treatment?
Delaware has no cosmetic-specific "good faith exam" statute, but a prescriber must establish a diagnosis and treatment plan before ordering prescription treatment. The telehealth statute (24 Del.C. § 6003–§ 6004) requires a provider-patient relationship established in-person or by telehealth—including history, examination and diagnosis—and prohibits issuing prescriptions solely in response to an internet questionnaire or telephone consult; the Board's delegation rule (§ 11.1.3) requires direct physician presence whenever a diagnosis is rendered or a prescription treatment plan is instituted.
Source: 24 Del.C. § 6003 & § 6004 — Telehealth: provider-patient relationship required; diagnosis via history/exam; no prescribing from internet/phone questionnaire, 24 Del. Admin. Code 1700 § 11.1.3–11.1.4 — Direct supervision required if a diagnosis is rendered or a prescription treatment plan instituted
Does a med spa in Delaware need a medical director?
Delaware imposes no statutory "medical director" requirement for a med spa. Instead, any non-physician performing delegated medical acts must be adequately supervised by a responsible physician (24 Del. Admin. Code 1700 § 11.0), and physician associates require a collaborating physician (24 Del.C. § 1771); APRNs practicing within their scope require neither because they hold full practice authority. Functionally a physician (or independent APRN) must be medically responsible, but no designated medical-director title or contract is mandated by statute.
Source: 24 Del. Admin. Code 1700 § 11.0 — physician responsible for and must supervise delegated non-physician medical activities, 24 Del.C. § 1771 — Physician's role in collaborating with a physician associate (written collaborative agreement required)
Can a non-physician own a med spa in Delaware?
Delaware has no corporate-practice-of-medicine statute and no codified doctrine barring non-physician ownership of a medical practice or med spa; the Medical Practice Act (24 Del.C. Ch. 17) contains no ownership restriction. Non-physicians may own a med spa, but only appropriately licensed professionals may perform or supervise the medical services, and a lay owner cannot direct clinical judgment. No primary source establishes a physician-only ownership rule.
What supervision does Delaware require for med-spa procedures?
Under 24 Del. Admin. Code 1700 § 11.0, a physician who delegates medical responsibility to a non-physician is responsible for that person's medical activities and must provide adequate supervision, which is "direct" (physician physically on premises) when a diagnosis is rendered or a prescription treatment plan instituted, and "indirect" (present or reachable by electronic device within 30 minutes) when a non-physician evaluates a patient or initiates/renews a non-prescription therapeutic. APRNs with full practice authority need no physician supervision (§ 1935); PAs require a collaborating physician under a written collaborative agreement, with one physician collaborating with no more than four PAs unless practicing in the same building (§ 1771).
Source: 24 Del. Admin. Code 1700 § 11.0 — direct vs. indirect supervision of delegated non-physicians; standing orders limits, 24 Del.C. § 1935 — APRN full-practice authority (no physician supervision), 24 Del.C. § 1771 — collaborating physician requirement and 4-PA collaboration limit
What can an esthetician legally do in Delaware?
A Delaware aesthetician is licensed to cleanse, stimulate, manipulate and beautify skin by hand or with mechanical/electric appliances, apply lash extensions, remove superfluous hair, and give treatments to keep skin healthy (24 Del.C. § 5101). The statute expressly states an aesthetician "is not authorized to prescribe medication or provide medical treatment in the same manner as a dermatologist," so injectables, prescription-strength peels, and medical laser/energy device procedures fall outside esthetician scope.
Who can operate a cosmetic laser in Delaware?
Delaware has no laser- or energy-device-specific licensing statute. Cosmetic laser/IPL treatment is a medical act that a physician may delegate to a qualified non-physician under supervision (24 Del. Admin. Code 1700 § 11.0), and physicians, APRNs and PAs may perform it within their scope; estheticians and cosmetologists are excluded because they may not provide medical treatment (24 Del.C. § 5101). Because no statute names permissible laser operators, the allowed roles are inferred from the medical-delegation and cosmetology exclusion framework.
Source: 24 Del. Admin. Code 1700 § 11.0 — medical acts delegable only to non-physicians permitted by law, under physician supervision, 24 Del.C. § 5101 — aesthetician may not provide medical treatment (excludes medical laser from esthetician scope)
What are the rules for IV therapy and vitamin drips in Delaware?
Delaware has no IV-therapy-specific statute; intravenous hydration/vitamin therapy is the practice of medicine or nursing. An APRN may independently prescribe and administer IV therapy within scope (24 Del.C. § 1935), a physician or PA may order it, and a registered nurse may administer it pursuant to a valid prescriber order; a non-physician acting on a physician's order does so under the delegation/supervision rules of 24 Del. Admin. Code 1700 § 11.0.
Source: 24 Del.C. § 1935 — APRN may prescribe, procure, administer and dispense substances within scope, 24 Del. Admin. Code 1700 § 11.0 — physician delegation/supervision of non-physicians for medical acts
Does a med spa have to register or hold a license in Delaware?
Delaware does not license or register "medical spas" as a facility type—there is no med-spa registration statute or dedicated board. The only facility-level requirement in the Medical Practice Act is 24 Del.C. § 1705, which requires accreditation/licensure only for facilities where "office-based surgery" (as defined in 16 Del.C. § 122(3)y.) is performed; typical med-spa services (injectables, laser, IV) fall outside that surgical definition, so no special facility registration applies.
What are the penalties for practicing outside scope in Delaware?
The Board of Medical Licensure and Discipline may discipline a licensee for unprofessional conduct by fine, restriction, suspension, or permanent or temporary revocation of the certificate to practice, plus other action such as mandatory education (24 Del.C. § 1731; revocation/suspension procedure § 1735). A physician who fails to properly supervise delegated non-physicians is deemed to be permitting the unauthorized practice of medicine under 24 Del.C. § 1702(12) and is subject to Board discipline (24 Del. Admin. Code 1700 § 11.1.7); the Board's disciplinary guidelines (§ 17.0) set penalty ranges.
Source: 24 Del.C. § 1731 — discipline for unprofessional conduct: fine, restriction, suspension, revocation, 24 Del.C. § 1735 — revocation or suspension of certificate, 24 Del. Admin. Code 1700 § 11.1.7 (unsupervised delegation = permitting unauthorized practice) & § 17.0 disciplinary guidelines
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This information is provided for general educational purposes only and is not legal advice. Regulations change — verify current requirements with your state medical/nursing board before acting.