What business structure does a med spa need in Delaware?
Ownership · part of The Practice Perimeter
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 · regulatory monitoring, not legal advice
The rest of what Delaware says on this
Every other rule we have verified under ownership & corporate practice of medicine, each linked to its primary source.
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
Nothing contained in this chapter shall be interpreted to abolish, repeal, modify, restrict or limit the law now in effect in this State, applicable to the professional relationship and the contract, tort, and other legal liabilities between the person furnishing the professional service and the person receiving the professional service, and to the standards for professional conduct.
8 Del. C. §608 · verified Sep 3, 2026
Delaware’s fee-splitting rule sits among the Board of Medical Licensure and Discipline’s enumerated unprofessional conduct: 8.1.9 Payment of a fee by a physician to another physician who has referred the patient to him, unless the fee is in proportion to work actually performed by the referring physician.
24 Del. Admin. Code § 1700-8.1.9 (Board of Medical Licensure and Discipline — unprofessional conduct: payment of a fee to a referring physician) · verified Sep 7, 2026
8.1.10 Willful failure to disclose to a patient that a referring physician has the financial interest in an ancillary testing or treatment facility outside of the physician's office.
24 Del. Admin. Code § 1700-8.1.10 (unprofessional conduct: undisclosed financial interest of a referring physician) · verified Sep 7, 2026
How other states answer this
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Related Delaware questions
- Can a non-physician own a med spa in Delaware?
- In Delaware, may a non-clinical owner or manager be paid a share of revenue?
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← All Delaware rules and changes · MedSpaRadar is regulatory monitoring and reference, not legal, medical, or compliance advice. Verify against the linked primary source and consult qualified counsel before acting — rules change and turn on your specific facts. Legislative data via LegiScan (CC BY 4.0).