Does a med spa in Delaware need a medical director?
Oversight · part of The Practice Perimeter
Short answer
The cited rules do not settle this — no medical director title is named, but aestheticians may not prescribe or provide medical treatment, and any physician who delegates medical acts to a non-physician must actively supervise, not be involved in name only.
Delaware writes two supervision regimes and a med spa can sit under either. The one that reaches a non-physician directly is 24 DAC 1700 § 11: the delegating physician is responsible for that individual’s medical activities, may not delegate a function the delegate is barred from performing, and may not be involved in patient care in name only — with direct supervision meaning physically on the premises, and indirect supervision meaning present or reachable electronically and able to be physically present within 30 minutes. The regime Delaware writes for physician associates is the more detailed of the two: the collaborating physician may not be involved in patient care in name only, must be involved in active patient care on a regular basis, and may not assign medical acts exceeding the physician’s own license. Unless a Board regulation changes the number — and except where both work in the same physical office or facility building — that physician may collaborate with no more than 4 physician associates at a time, with the PA’s scope identified in a written collaborative agreement kept on file where care is given; a physician associate above 6,000 postgraduate clinical practice hours may be released from the regime on application. Two disciplinary grounds reach supervision directly: failing to supervise a person working under a physician’s supervision, and knowingly assisting unauthorized practice. A physician practice with multiple offices must have a physician member visit each at least monthly. The Act’s own exceptions section states that its practice-of-medicine provisions do not apply to the business of cosmetology, and the cosmetology chapter states that an aesthetician is not authorized to prescribe medication or provide medical treatment in the same manner as a dermatologist.
Drawn from 15 verified rules in this section · regulatory monitoring, not legal advice
- 24 Del. C. §5124(1) · Sep 3, 2026
- 24 Del. C. §1771(d) · Sep 3, 2026
- 24 Del. C. §1771(a) · Sep 3, 2026
- 24 Del. C. §1771(b) · Sep 3, 2026
- 24 Del. C. §1771(e) · Sep 3, 2026
- 24 Del. C. §1771(f) · Sep 3, 2026
- 24 Del. C. §1731(b)(10) · Sep 3, 2026
- 24 Del. C. §1731(b)(9) · Sep 3, 2026
- 24 Del. C. §1769C · Sep 3, 2026
- 24 Del. C. §1703(9) · Sep 3, 2026
- 24 Del. C. §1770A(4) · Sep 3, 2026
- 24 Del. C. §1772(j) · Sep 3, 2026
- 24 Del. C. §1772(i) · Sep 3, 2026
- 24 Del. C. §1770A(2) (Physician associates — “Collaboration”) · Sep 8, 2026
- 24 DAC 1700 §§11.1.1, 11.1.3, 11.1.4, 11.1.7 (Delegation of responsibilities to non-physicians) · Sep 8, 2026
Related Delaware rules
An aesthetician is not authorized to prescribe medication or provide medical treatment in the same manner as a dermatologist.
24 Del. C. §5124(1) · verified Sep 3, 2026
A collaborating physician may not be involved in patient care in name only and must be involved in active patient care on a regular basis.
24 Del. C. §1771(d) · verified Sep 3, 2026
How other states answer this
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Related Delaware questions
- What must the supervising physician actually do in Delaware?
- May an esthetician or laser technician perform microneedling in Delaware?
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← 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).