In today’s fast-growing medical aesthetics industry, med spas and aesthetic practices are under increasing scrutiny from regulators. One of the most important safeguards for both providers and patients is the Good Faith Exam (GFE). Far from being a box-checking exercise, a GFE is the backbone of compliant, ethical, and safe practice. It ensures patients receive treatments appropriate to their health profile and helps providers protect their licenses, reputation, and businesses.
What Are Good Faith Exams and Why Are They Needed
A Good Faith Examination (GFE) is a medical evaluation conducted before any patient receives aesthetic treatments involving medical procedures, prescription drugs, or medical devices. In most states, only licensed healthcare providers such as physicians (MD/DOs), nurse practitioners (NPs), or physician assistants (PAs) can perform GFEs. Registered nurses (RNs), aestheticians, or medical assistants typically cannot conduct the exam independently.
The purpose is twofold:
- Patient Safety – confirming treatments are safe and appropriate.
- Legal/Ethical Compliance – ensuring practices operate within the boundaries of state law and professional standards.
What Procedures Require a Good Faith Exam
GFEs are generally required for any procedure that involves medical risk, prescription drugs, or devices. This includes, but is not limited to:
- Injectables: Botox, dermal fillers, etc.
- Laser Treatments: hair removal, resurfacing, tattoo removal.
- Energy-based Devices: radiofrequency, ultrasound, body contouring.
- Prescription Products: topical numbing creams, weight-loss medications, hormone therapy.
- IV Therapies: hydration, vitamins, and related infusions.
Because regulations differ, the definition of what counts as a “medical procedure” varies by state. For example:
- Laser hair removal may not be medical in New York, but it is classified as such in New Jersey.
- IV hydration may be considered a medical treatment in one state and not in another.
If your treatment involves risk, prescription, or a device regulated by the FDA, assume a good faith exams are required.
What are the components of a Good Faith Exam
A legally defensible and clinically sound GFE should include the following elements:
1. Medical History Review
- Past and current health conditions
- Medications, allergies, prior surgeries
- Contraindications for treatment
2. Physical Examination
- Targeted examination relevant to the planned procedure
- General assessment of overall health and suitability
3. Treatment Rationale
- Why the provider recommends this treatment
- Discussion of risks, benefits, and alternatives
4. Informed Consent
- Ensuring the patient understands treatment details
- Covering aftercare, potential side effects, and recovery expectations
5. Documentation
- Clear notes in the patient record
- Signed consent forms
- Treatment plan documented in accordance with state laws and practice SOPs
How Regulatory Boards Look for GFEs in Investigations
When a complaint is filed, whether by a patient, staff member, or even a competitor, boards have a duty to investigate. Importantly, complaints can often be anonymous and do not need to be proven true before triggering a review.
During an investigation, boards typically look for:
- Standard Operating Procedures (SOPs): Written, signed, and followed protocols that define how GFEs are conducted.
- Qualified Provider Involvement: Confirmation that the exam was performed by an MD, NP, or PA, not an unqualified staff member.
- Documentation Quality: Thorough, legible, and complete records.
- Patient-Centered Care: Evidence that treatment decisions were tailored to the patient’s medical history and aesthetic goals.
Missing or incomplete GFEs are one of the fastest ways to escalate a routine inquiry into a formal disciplinary action.
What To Do If You Get Notice of a Board Investigation
If your practice is served with notice of an investigation:
- Do not attempt to handle it alone.
- Contact legal counsel immediately.
- Gather all relevant documentation. Be ready to show proof of GFEs, signed consents, and SOP adherence.
- Do not alter or “fix” records retroactively. This can worsen the situation.
Remember, the burden of proof often shifts to the provider. Legal and compliance support is essential to defend your license and protect your practice.
Why GFEs Are Good for Business
While GFEs are a regulatory requirement, they are also a business safeguard. Proper exams and documentation:
- Build patient trust and credibility.
- Protect providers from liability.
- Reduce risk of fines, sanctions, or license suspension.
- Demonstrate professionalism and elevate the reputation of the entire industry.
Partnering With Experts: Spakinect & Lengea Law
Implementing GFEs can feel overwhelming, especially when balancing patient care with compliance. That’s where partnerships make a difference:
- Spakinect: A telehealth service that provides a network of licensed healthcare providers to perform virtual good faith exams for clients of medical spas.
- Lengea Law: A legal team specializing in medical aesthetics, ensuring your SOPs, policies, and documentation stand up under board scrutiny.
The attorney team at Lengea Law coupled with the healthcare team at Spakinect can help you implement a good faith exam process to keep your practice compliant and keep your patients safe.
Conclusion
Good Faith Exams are not optional checkboxes- they are cornerstones of safe, ethical, and compliant aesthetic practice. By embedding them into your daily operations, you protect patients, elevate your standard of care, and shield your practice from costly regulatory risks.
Now is the time to review your processes, train your team, and ensure that every treatment begins with a well-documented, patient-centered good faith exam. With the combined support of Lengea Law and Spakinect, your practice can stay compliant, keep patients safe, and grow with confidence.
