The Role of Informed Consent in Spa Treatments: Protecting Your Practice and Clients 

Spa treatments are, by nature, hands on, so consent isn’t perhaps something that you’d think of as it seems implied. However, there’s far more to it than many people realize. Informed consent is an essential aspect of ethical practice in the spa industry and it forms the backbone of legal compliance in spa operations. 

Want to ensure you always protect your spa’s practice and clients? In this guide, we examine the importance of informed consent for all spas and explain why it’s so important for everyone involved.   

In the US, the laws governing informed consent are one of the nine core principles of the American Medical Association’s Code of Medical Ethics. Although the law may differ from state to state, they all have similar requirements and are based on the tenets of the code. 

Informed consent is designed to give clients a full understanding of the treatments your spa offers. The process entails far more than just securing signatures from these clients. It requires practitioners to follow a specific process to supply clients with all the information they could need with regards to a specific treatment.  

This information should include the exact nature of the treatment, its procedure, and what it is designed to treat or address. Clients should be informed about what they can expect from each session, from its start to its end, as well as the potential benefits of the treatment and any risks they need to be aware of. Practitioners should keep clients’ expectations about possible outcomes and benefits realistic. They must inform them fully of any complications or side effects they may experience. 

Informed consent also entails offering alternative procedures and treatments that may better suit a client’s needs or provide similar results. If a client has predisposing conditions or is notably at risk for experiencing side effects and complications, you should always offer a different procedure where available, or ensure they are absolutely sure they understand the implications. 

Equally important is explaining to clients their right to refuse treatment. Notifying clients of their right to refuse treatment or to ask for it to be discontinued at any point, even if it is already under way, is vital.  

Because the types of treatments differ between traditional and medical spas, informed consent may look a little different for practitioners. 

Traditional spa clients need to be properly informed of all the techniques, products,, and equipment used in treatments like body wraps, saunas, facials, and massages. Practitioners should focus on providing information about the products they use, their ingredients, and any potential irritants or allergens that clients should be aware of.  

They should also ask clients about any existing or suspected health conditions that could lead to complications during treatment or put them at risk. The most common of these conditions include known allergies and skin sensitivities, pregnancy, high blood pressure, and heart, liver and kidney diseases. 

Practitioners should inform clients that they are free to share their preferences and levels of comfort before, throughout, and after each treatment. If a client does not feel comfortable, ensure they know they can stop the treatment immediately. 

As medical spas offer specialized services, these procedures tend to carry a greater degree of risk than classic spa treatments do. Because of this, they require an even more diligent focus on informed consent. 

Practitioners must ask each client for an extensive medical history before any treatments take place. This history should include current chronic medications and supplements taken, known allergies, and existing medical conditions. 

Practitioners should also speak with clients about potential complications and side effects, their possible severity, and how likely they may be to occur. If physician supervision is needed, this must be communicated as well, and failure to do so may result in a malpractice claim. 

Many medical spa treatments require recovery times and aftercare for best results. Practitioners should inform clients of how long they may take to recover after a treatment and what not to do during recovery times. Clients should also know what type of post-treatment aftercare they need and exactly how to administer it or where to seek assistance in doing so. 

Lastly, qualified medical spa practitioners must always be able to provide proof of their skills and qualifications from certified educational institutes upon clients’ request.  

Most spa treatments, traditional and medical, carry potential risks and practitioners and practices that don’t provide clients with comprehensive informed consent about these risks may face legal action.  

This is especially true if a client experiences severe complications or side effects without prior warning. These clients could have grounds to sue for battery or negligence, which could place your practice at serious financial risk. 

How to Safeguard Your Practice and Protect Your Clients 

Considering medical malpractice suits are on the rise and in 2023, more than 11,000 payouts were awarded in the US, protecting your spa against these claims is crucial. 

You can limit the chances of a malpractice lawsuit by ensuring your spa applies informed consent to every client. If you have not yet implemented an informed consent strategy into your practice, start by drafting comprehensive consent forms. These forms can be customized for specific procedures and treatments. 

Your practitioners should be instructed to perform thorough consultations with clients before starting any procedures. Clients can benefit from one-on-one sessions with their practitioner before treatments begin. During these sessions, they must be given sufficient time to understand their treatments, ask as many questions as they feel necessary, and have their concerns properly addressed. 

Maintaining accurate records is essential for protecting your operations. Keep detailed records stored securely at all times. These documents must include records of client consultations and hard copies of signed consent forms. Extensive treatment notes from practitioners should be retained in client files.  

If your state or region has specific regulations regarding record keeping, stay up to date with these best practices and adhere to them consistently. An attorney can help you ensure your informed consent forms are also adequately informative and legally binding. 

Informed consent is a critical practice for all types of spas, regardless of the treatments you offer. Communicating clearly with clients helps to reduce your risk of complaints and possible legal consequences should treatments cause unwanted effects.  

The right approach also enhances client satisfaction by ensuring that clients’ decisions are respected and that they are actively involved in their treatments. This helps to build lasting trust between your practice and its valued patrons. 

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