Some states have detailed rules outlining when, how, and by whom Good Faith Exams must be performed. Others are far less specific. That lack of clarity leaves many Med Spa owners wondering: what happens if my state doesn’t clearly define Good Faith Exam requirements?
Even in the absence of specific regulations, Med Spas are still expected to follow the broader laws governing the practice of medicine. That means Good Faith Exams are still required in nearly all cases involving prescription drugs, medical devices, or invasive aesthetic procedures.
If you’re unsure how your state defines these rules, start with Do Laws Around Good Faith Exams Differ by State.
Why Undefined Doesn’t Mean Unregulated
When a state doesn’t specifically mention Good Faith Exams, that doesn’t mean they’re optional. Instead, oversight typically falls under the general medical practice acts managed by:
- State Medical Boards
- Nursing Boards
- Physician Assistant Boards
- Departments of Health or Telehealth Regulation
These boards interpret whether a treatment qualifies as the “practice of medicine,” and if it does, a prior medical evaluation (the Good Faith Exam) is legally required.
In other words: if a prescription product or medical device is involved, a Good Faith Exam applies – whether your state names it or not.
The Risks of Assuming Exemption
When regulations are vague, some Med Spas mistakenly believe they can skip Good Faith Exams altogether. That assumption creates major risk:
- Unlicensed medical practice violations
- Fines of $5,000 to $50,000 per occurrence
- Cease and desist orders
- Loss of licensure or delegation authority for the Medical Director
- Permanent damage to your brand’s reputation
Even one enforcement case can set precedent for an entire state. To understand how boards handle violations, read How Do States Enforce Good Faith Exam Regulations.
The Best Practice: Default to Compliance
If your state’s rules aren’t clear, the safest path is to treat every medical aesthetic treatment as requiring a Good Faith Exam. This proactive approach protects your license and demonstrates professionalism to both patients and regulators.
When in doubt:
- Ensure all exams are performed by a licensed MD, NP, or PA.
- Document each encounter fully before any treatment begins.
- Store all records securely and retain them according to your state’s medical record laws. (See How Long Should Good Faith Exam Records Be Retained.)
This approach ensures that if your state clarifies or updates its laws later, you’ll already be in full compliance.
How Spakinect Keeps You Protected Across All States
Spakinect helps Med Spas stay ahead of regulatory uncertainty. Whether your state’s Good Faith Exam laws are clearly defined or still evolving, our system keeps you compliant and audit-ready.
- Patients connect with a provider in an average of 31 seconds
- Exams are conducted by licensed W-2 providers who receive an additional 40+ hours of medical aesthetics and compliance education
- Processes are vetted by Medical Boards and legal experts to align with current and emerging laws
- Documentation integrates directly into your EMR and client portal
- Coverage extends across 40 states and counting, supporting both single-location and multi-location Med Spas
To confirm your state’s current availability, visit States We Service.
For guidance on telehealth-specific differences, read Can I Do Async, or Does My State Require Sync.
FAQs: Undefined State Laws and Good Faith Exams
If my state doesn’t mention Good Faith Exams, do I still need one?
Yes. If the treatment involves a prescription drug or medical device, a Good Faith Exam is required under general medical practice laws.
Can my Medical Director decide whether exams are necessary?
Your Medical Director can help interpret state rules, but in almost every case, a Good Faith Exam is the legally safe standard.
What happens if my state later clarifies its rules?
If you’ve already been performing and documenting Good Faith Exams, your Med Spa will remain in compliance when new rules are introduced.
Are virtual exams acceptable in undefined states?
Typically yes, provided they meet telehealth standards. See Is the Good Faith Exam Done in Person or Virtually.
How does Spakinect handle undefined or changing regulations?
Our compliance team monitors updates across all states to ensure your workflow remains aligned with the latest board expectations.
Final Takeaway
Regulatory gray areas signal the heightened importance of proactive compliance.
When laws are unclear, the Med Spas that protect their patients and their licenses are the ones that err on the side of caution. Spakinect helps you do exactly that.
With 40-state coverage, Medical Board–vetted systems, and licensed W-2 providers who connect with patients in just 31 seconds, we make full compliance simple, even when the law isn’t.
