Question 1

Who can inject Botox and dermal fillers in New Mexico?

Accepted Answer

Injecting cosmetic or aesthetic substances is defined by rule as the practice of medicine and may not be delegated to unlicensed medical assistants (16.10.13.9 NMAC). It may be performed by physicians (MD/DO), APRNs/nurse practitioners (independently, with appropriate population foci, licensure, national certification and education), physician assistants (who may prescribe and administer dangerous drugs and Schedule II-V controlled substances under physician supervision/collaboration), and registered nurses only when delegated by and under the indirect supervision of an APRN. LPNs may perform aesthetic procedures under direct supervision but may NOT perform aesthetic injections (16.12.14.8.F NMAC).

Question 2

Does New Mexico require a good-faith exam before treatment?

Accepted Answer

Yes. Under the nursing aesthetic-facility rule, before a licensee provides any aesthetic healthcare procedure an APRN or other licensed independent practitioner must conduct an assessment in a face-to-face examination, determine a diagnosis, and prescribe a treatment plan — and may never delegate the examination, diagnosis, or treatment plan (16.12.14.10.B NMAC). The Medical Board's parallel rule requires the supervising physician to perform patient history, physical examination, diagnosis and a written treatment protocol before any delegated cosmetic-device procedure (16.10.13 NMAC). The aesthetic rule's express 'face-to-face examination' language indicates an in-person exam, and no NM rule authorizes telehealth to satisfy the aesthetic good-faith exam, so telehealth is treated as not sufficient here.

Question 3

Does a med spa in New Mexico need a medical director?

Accepted Answer

New Mexico has no statute or rule requiring a med spa to appoint a physician medical director. Required oversight is role-dependent: the Board of Nursing's aesthetic-facility rule requires the facility to have a clinical supervisor who is an APRN (an RN or LPN may not serve) or another licensed independent healthcare practitioner (16.12.14.8-.9 NMAC), and the Medical Board rule requires a supervising physician only where cosmetic device or injection procedures would otherwise be delegated to a medical assistant (16.10.13 NMAC). Because full-practice-authority APRNs may both perform and supervise aesthetic procedures, a physician medical director is not categorically mandated.

Question 4

Can a non-physician own a med spa in New Mexico?

Accepted Answer

New Mexico does not enforce a corporate-practice-of-medicine doctrine. The Medical Practice Act contains no prohibition on non-physician or corporate ownership of a medical practice, and in the 2025 session the Legislature considered SB 450, a proposed 'Corporate Practice of Medicine Act' that would newly bar healthcare entities from interfering with providers' clinical judgment — confirming no such statute presently exists. Non-physicians (including lay owners and full-practice-authority APRNs) may therefore own a med spa, provided they do not control the professional judgment of licensed clinicians.

Question 5

What supervision does New Mexico require for med-spa procedures?

Accepted Answer

Supervision structure is set by license type. RNs may perform aesthetic procedures only if delegated by and under the INDIRECT supervision of an APRN; LPNs only if delegated by and under the DIRECT supervision of an APRN or other clinical supervisor, and LPNs may not inject (16.12.14.8.E-F NMAC). Physician assistants practice with the supervision of, or in collaboration with, a licensed physician (NMSA 1978 §61-6-6.H); 'effective supervision' requires ongoing availability of direct communication (face-to-face or electronic) and active, ongoing review of the PA's services (16.10.15 NMAC). APRNs with full practice authority require no physician supervision.

Question 6

What can an esthetician legally do in New Mexico?

Accepted Answer

Estheticians are licensed by the NM Board of Barbers and Cosmetologists and are limited to non-invasive skin care: using cosmetic preparations to cleanse/stimulate the skin, massage and manipulation, light therapy/high-frequency facial treatments, specialized facial machines, makeup, lash and brow services, and hair removal by any means except electrolysis or other invasive techniques (16.34.5.12 NMAC). An esthetician may not perform any service beyond those listed, so injections, medical/prescription-strength peels, and medical laser procedures are outside scope, and using the title 'medical esthetician' is expressly prohibited as deceptive.

Question 7

Who can operate a cosmetic laser in New Mexico?

Accepted Answer

Laser and energy-based skin and hair removal is expressly an 'aesthetic healthcare procedure' (16.12.14.7.A NMAC), and the use of medical therapeutic and cosmetic devices is the practice of medicine (16.10.13.8 NMAC). A face-to-face exam, diagnosis and treatment plan by an APRN or other licensed independent practitioner must precede the procedure (16.12.14.10.B). Operation may be performed by a physician, an APRN, a PA (under physician supervision), an RN (delegated and under indirect APRN supervision), or an LPN (under direct supervision) per 16.12.14.8; estheticians and unlicensed medical assistants may not operate medical lasers.

Question 8

What are the rules for IV therapy and vitamin drips in New Mexico?

Accepted Answer

Intravenous (IV) therapy is expressly listed as an aesthetic healthcare procedure (16.12.14.7.A(1) NMAC). Ordering it is the practice of medicine — offering to administer, dispense or prescribe a drug for another is reserved to licensed prescribers (NMSA 1978 §61-6-6.J) — and the aesthetic-facility rule requires a non-delegable face-to-face exam, diagnosis and treatment plan by an APRN or other licensed independent practitioner before it is provided (16.12.14.10.B). Administration may be carried out by an RN under APRN delegation/indirect supervision, or by an LPN under direct supervision (16.12.14.8).

Question 9

Does a med spa have to register or hold a license in New Mexico?

Accepted Answer

New Mexico has no med-spa-specific facility license or registration. No Medical Board or Nursing Board rule creates a 'medical spa' license; instead, the Board of Nursing's rule regulates the PRACTICE within 'aesthetic healthcare facilities' — defining them and requiring an APRN (or other licensed independent practitioner) clinical supervisor — rather than issuing a facility permit (16.12.14 NMAC). Operators therefore rely on the individual professional licenses of their clinicians rather than a distinct med-spa registration.

Question 10

What are the penalties for practicing outside scope in New Mexico?

Accepted Answer

Practicing or attempting to practice medicine — which includes performing injections, IV therapy, or medical device/laser procedures that constitute the practice of medicine — without a New Mexico license is a fourth-degree felony, punishable by imprisonment up to eighteen months and, at the court's discretion, a fine up to $5,000, with each occurrence a separate violation (NMSA 1978 §61-6-20). Licensees may be refused licensure, revoked, suspended, fined, censured or reprimanded for unprofessional or dishonorable conduct — including exceeding scope, improper delegation, or improper supervision (NMSA 1978 §61-6-15). Nurses and estheticians are separately subject to discipline by their own boards.

New Mexico Med Spa Regulations