Can a non-physician own a med spa in Delaware?
Ownership · part of The Practice Perimeter
Short answer
Only outside a professional corporation — a Delaware PC may have as shareholders only those licensed to render the same service (medicine, or medicine plus podiatry), so a non-physician can't hold shares in a medical PC; other entity forms aren't addressed.
Delaware’s cited restriction runs through the Professional Corporation form. A corporation organized under Chapter 6 of Title 8 exists for the sole and specific purpose of rendering a single professional service, and its shareholders may be only individuals who are themselves licensed or otherwise legally authorized to render that same service. The chapter permits exactly one combination — medicine and podiatry — and expressly leaves untouched the professional relationship, the contract and tort liabilities, and the standards for professional conduct of the person rendering the service. These claims survey Chapter 6 alone and do not report on requirements elsewhere in Delaware law. The Board of Medical Licensure and Discipline’s regulation then names the arrangement among its enumerated unprofessional conduct: Payment of a fee by a physician to another physician who referred the patient, unless the fee is in proportion to work actually performed by the referring physician, and willful failure to disclose to a patient that a referring physician holds a financial interest in an outside ancillary testing or treatment facility.
Drawn from 5 verified rules in this section · regulatory monitoring, not legal advice
- 8 Del. C. §603(2) · Sep 3, 2026
- 8 Del. C. §603(3) · Sep 3, 2026
- 8 Del. C. §608 · Sep 3, 2026
- 24 Del. Admin. Code § 1700-8.1.9 (Board of Medical Licensure and Discipline — unprofessional conduct: payment of a fee to a referring physician) · Sep 7, 2026
- 24 Del. Admin. Code § 1700-8.1.10 (unprofessional conduct: undisclosed financial interest of a referring physician) · Sep 7, 2026
Related Delaware rules
The term "professional corporation" means a corporation which is organized and incorporated, under this chapter, for the sole and specific purpose of rendering a single professional service or qualified related professional services, and which has as its shareholders only individuals who themselves are duly licensed or otherwise legally authorized within this State to render the same professional service, or those component qualified related professional services, as the corporation.
8 Del. C. §603(2) · verified Sep 3, 2026
The term "qualified related professional services" means, and is limited to, any combination of the practice of medicine by doctors of medicine or doctors of osteopathy or both, and the practice of podiatry by doctors of podiatric medicine.
8 Del. C. §603(3) · verified Sep 3, 2026
How other states answer this
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Related Delaware questions
- What limits does Delaware place on a med spa's business structure?
- In Delaware, may a non-clinical owner or manager be paid a share of revenue?
Get Delaware changes as they publish
We scan the Delaware legislature and licensing boards daily, plus the FDA and the Federal Register. Free weekly Brief — what changed, in plain language, with the source.
Free · unsubscribe in one click · we never sell your address
← All Delaware rules and changes · MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director. Legislative data via LegiScan (CC BY 4.0).