Social media and advertising
Technology and social media has driven businesses, big and small, to use the internet as a tool to provide information to their clients. Medspas are no exception. Many of my medspa clients use social media websites — Facebook, LinkedIn, and even Twitter — to market their services and attract new patients, and with the recent increase in the number of medspas, competition is forcing them to stand out to attract prospective clients.
A number of medspa clients have asked for my opinion on advertising their medspa services using daily deal sites such as Groupon to get ahead of competitors by offering their services at a discount. Although in Illinois, where I practice, Groupon has been deemed legal by the state regulatory authorities, not every state agrees. Since Groupon receives a percentage of the total revenue, instead of a flat fee from the medspa’s patient treatments, some states consider this a form of fee splitting. And while this form of advertising may be lucrative at first, many of my medspa clients have later regretted the decision to offer a Groupon deal because of disgruntled clients, negative reviews, and loss of profits.
Furthermore, never forget that medical spas are medical facilities, and they are therefore governed by the same rules as physicians. There are strict prohibitions on certain statements that can be made in advertisements and on websites, and patient confidentiality must be strictly guarded. Patient testimonials, for instance, are inherently risky as many state boards deem them to be unreliable and misleading. Also, with the explosion of social media, clients often inadvertently violate the Health Insurance Portability and Accountability Act (HIPAA) through seemingly innocuous posts or tweets.
Remember, although it is important to keep current with technology trends to stay competitive in the marketplace, you have to be extra careful that your medspa marketing and advertising practices are compliant with your state’s laws.
Conclusions
Medical spas and laser centres are becoming larger targets for law enforcement. Lawsuits and prosecutions are on the rise. As the industry grows, scrutiny and oversight will grow with it. I have only scratched the surface of the many rules and regulations that apply to medical aesthetic practices, and it is crucial that practitioners get the guidance they need from a qualified healthcare attorney. I would be remiss if I didn’t refer back to the important caveat that different jurisdictions have different laws, and some jurisdictions are stricter than others. Please check with your local attorney and proceed with care.
