Who bears the sole responsibility for all Professional Services provided at a Dermani Medspa?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
ILLINOIS PROHIBITS THE CORPORATE PRACTICE OF MEDICINE. UNLICENSED INDIVIDUALS AND ENTITIES ARE PROHIBITED FROM OWNING, OPERATING AND MAINTAINING AN ESTABLISHMENT FOR THE STUDY, DIAGNOSIS AND TREATMENT OF HUMAN AILMENTS AND INJURIES, WHETHER PHYSICAL OR MENTAL. See Medical Corporation Act, 805 ILCS 15/2, 5 (West 2018) and Medical Practice Act of 1987, 225 ILCS 60/ (West 2018).
IF YOU ARE NOT LICENSED/CERTIFIED IN ILLINOIS TO PROVIDE SERVICES OF THE NATURE DESCRIBED IN THIS DISCLOSURE DOCUMENT, YOU MUST NEGOTIATE THE TERMS OF A MANAGEMENT AGREEMENT WITH LICENSED PROFESSIONALS WHO WILL PROVIDE THE MEDICAL SERVICES THAT YOUR FRANCHISED BUSINESS OFFERS. RETAIN AN EXPERIENCED ATTORNEY WHO WILL LOOK OUT FOR YOUR BEST INTERESTS IN THIS BUSINESS VENTURE.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, the franchise operates under a specific legal framework, particularly concerning medical practices. In Illinois, for example, the FDD explicitly states that unlicensed individuals or entities are prohibited from owning, operating, and maintaining establishments for medical diagnosis and treatment. This reflects the common legal principle against the corporate practice of medicine, which aims to ensure that medical decisions are made by licensed professionals without undue influence from business interests.
Therefore, if a Dermani Medspa franchisee is not licensed or certified to provide medical services in a state like Illinois, they must enter into a management agreement with licensed professionals. These professionals will then be responsible for providing the medical services offered by the franchised business. The FDD emphasizes the importance of retaining an experienced attorney to navigate these agreements and ensure the franchisee's best interests are protected. This structure ensures compliance with state laws and regulations governing medical practice.
In essence, while the franchisee manages the administrative and business aspects of the Medspa, the responsibility for the actual medical services rests solely with licensed professionals. This division of labor is critical for maintaining legal compliance and ensuring patient safety. Prospective franchisees should carefully consider these requirements and the associated costs of engaging licensed professionals when evaluating the Dermani Medspa franchise opportunity.