What to know in Florida
Start with these state-specific findings, then use the checklist below to review the rest of your practice. The linked authorities explain the conditions and exceptions behind each point.
Determine whether the Health Care Clinic Act applies
Section 400.9905 defines a clinic for the Act and lists exclusions. Licensure cannot be decided from the words “med spa” alone: ownership, services and reimbursement arrangements matter.
Source: Florida Statutes §400.9905: Health Care Clinic Act definitions and exclusionsAn exclusion needs a documented factual basis
The statute contains detailed ownership and professional-practice exclusions. Do not assume that hiring a medical director, being cash-pay, or having one licensed owner automatically resolves the clinic question.
Source: Florida Statutes §400.9905: Health Care Clinic Act definitions and exclusionsYour next steps
- Have counsel document the exact statutory basis for clinic licensure or an exclusion using the final ownership and payer model.
- Use AHCA’s clinic application or exemption process as applicable; separately review practitioner scope, drug/device permits and procedure rules.
Questions to resolve before opening
- Which subsection applies to the actual owners, services and reimbursement arrangements?
- Does changing an owner, adding a service or accepting a new payer change that analysis?
Bring your actual ownership chart, service menu, devices and staff credentials to the relevant board or healthcare counsel. The same answer may not apply to a different procedure or business model.