Primary sources: New York City Council; New York State Office of the Professions
In December 2025, the New York City Council released findings from a joint city–state investigation into 15 medical spas operating across New York City and made recommendation on medical spa regulation.
The full findings are detailed in the Council’s published report published report.
The report cited widespread violations, including unlicensed medical procedures, lack of proper medical oversight, inadequate insurance coverage, and sanitation and safety concerns.
The investigation highlighted a broader issue affecting consumers across the healthcare and wellness landscape: many people are unclear about how different hands-on services are regulated — and who is legally accountable when care crosses professional boundaries.
At Bodyworks DW, we practice medical massage therapy under New York State licensure. Understanding how that differs from medical spa services requires a clear look at regulation, scope of practice, and professional accountability.
What the NYC Council’s Medical Spa Regulation Investigation Found
The NYC Council investigation found that all 15 medical spas inspected were performing medical procedures without complying with New York State law. In many cases, services that legally require physician involvement were offered without adequate supervision, documentation, or transparency.
The report documented:
- Unclear or absent medical oversight
- Staff performing procedures outside their legal qualifications
- Inadequate liability insurance
- Hygiene, product storage, and safety violations
A consistent finding was that consumers often could not identify who was medically responsible for their care. Titles, branding, and marketing language frequently obscured legal responsibility.
Medical procedures carry medical risk. Under New York law, medical risk requires defined oversight and accountability.
What “Medical” Means Under New York Healthcare Law
Under New York State law, the term medical has a specific legal meaning. It is not a marketing descriptor.
Procedures such as injections, IV therapy, and certain laser treatments are considered the practice of medicine. These services must be performed by — or directly supervised by — licensed medical professionals. Supervision must be documented, active, and compliant with state regulations.
Massage therapy does not operate within or around medical licensure. It is a separately licensed healthcare profession with its own statutory scope of practice, education requirements, and oversight mechanisms.
Understanding this distinction clarifies where legal responsibility lies when services are delivered.
What Medical Massage Therapy Means Under New York State Licensure
Definition: In New York State, medical massage therapy refers to licensed massage therapy practiced within a healthcare context. It is not a separate license and does not expand the legal scope of massage therapy.
Medical massage therapy involves the application of advanced manual therapy techniques informed by anatomy, pathology, and clinical reasoning. It is commonly used in cases involving injury recovery, chronic pain, post-surgical care, or medically complex presentations.
Medical massage therapy does not involve performing medical procedures. It operates entirely within the scope of practice defined by New York State massage therapy licensure.
Only individuals holding an active New York State massage therapy license may use the title massage therapist.
How Licensed Massage Therapy Is Regulated in New York State
Definition: Massage therapy in New York State is a regulated healthcare profession governed by statutory licensure requirements and professional oversight.
To practice legally, a massage therapist must:
- Complete 1,000+ hours of approved education
- Graduate from a state-recognized program
- Pass a New York State licensing examination
- Practice within a defined legal scope
- Maintain continuing education
- Adhere to professional ethics standards
- Hold a license that is publicly searchable
- Be subject to disciplinary action for violations
Licensure is enforced through formal regulatory mechanisms, not self-attestation or consumer reviews. This structure exists to protect the public and maintain professional accountability.
New York State maintains a public license verification database through the Office of the Professions (OPSED). Anyone can confirm a massage therapist’s licensure status, registration history, and disciplinary record.
For example, if you search by name, select Massage Therapy (profession code 027), and enter Weintraub, you can click on the license record and you will see that David Weintraub holds license #020965, that it is active and properly registered, and that there are no enforcement actions on record.
Massage therapy in New York State is not categorized as a spa service or wellness trend. It is a licensed healthcare profession.
Scope of Practice, Assessment, and Diagnosis in Medical Massage Therapy
Definition: Scope of practice defines what a licensed professional is legally trained and permitted to do.
Licensed massage therapists in New York State are trained to assess, not diagnose.
Assessment includes:
- Evaluating posture, movement patterns, and tissue quality
- Identifying areas of restriction, compensation, or strain
- Reviewing health history to understand contributing factors
- Determining whether massage therapy is appropriate or whether referral is required
Diagnosis is a medical determination that assigns a disease or condition label and carries legal and clinical responsibility. Diagnosis is performed by licensed medical providers.
In medical massage therapy, assessment allows therapists to make informed treatment decisions within scope, including session sequencing, tissue prioritization, and modification or cessation of treatment when indicated.
Medical massage therapy includes:
- Advanced manual and soft tissue techniques
- Myofascial and neuromuscular approaches
- Injury-informed and post-surgical care within scope
- Ongoing reassessment and clinical reasoning
- Collaboration and referral to medical providers
Medical massage therapy does not include:
- Medical diagnosis
- Invasive or injectable procedures
- Prescribing or modifying medical treatment plans
- Any service requiring medical licensure
These boundaries ensure ethical practice and legal accountability.
Key Distinctions at a Glance
- Medical spa services: Regulated as medical procedures; require physician oversight
- Medical massage therapy: Regulated under New York State massage therapy licensure
- Assessment: Functional evaluation within scope
- Diagnosis: Medical determination by licensed providers
- Accountability: Defined by licensure and oversight body
How Bodyworks DW Practices Medical Massage Therapy Within New York Law
At Bodyworks DW, medical massage therapy is practiced in strict alignment with New York State law.
NYS Guidelines for Practice include:
- All therapists hold current, valid New York State massage therapy licenses
- Licensure status is independently verifiable through OPSED’s public database
- Services remain entirely within legal scope of practice
- No gray-area or medically restricted services are offered
- Intake and informed consent processes are clearly documented
- Referrals are made when client needs fall outside scope
- Continuing education emphasizes anatomy, pathology, and clinical reasoning
Continuing education for massage therapists in New York State must meet standards established by OPSED and be completed through approved providers.
Bodyworks DW’s owner, David Weintraub, LMT, is a New York State–recognized continuing education provider through NCBTMB approval, authorized to offer qualifying coursework to licensed massage therapists in NYS and throughout the US. This approval requires adherence to curriculum, documentation, and instructional standards set by the state.
Our educational philosophy and clinical training framework supports care that is delivered within defined professional boundaries to maintain accountability and safety.
Why Regulation and Licensure Matter to Clients
Regulation affects:
- Who is legally responsible for care
- What protections exist if standards are violated
- Whether credentials and training are verified
- Whether oversight exists beyond the business entity
Clear licensure and scope of practice allow consumers to understand how care is governed and where accountability resides.
Choosing Regulated Hands-On Care in New York City
Selecting hands-on healthcare services involves more than comparing service descriptions. Understanding licensure, scope of practice, and oversight helps consumers make informed decisions.
Questions to consider include:
- Who is licensed?
- What oversight applies?
- What services are legally permitted?
Summary: New York State regulates hands-on healthcare services through defined licensure, scope of practice, and oversight mechanisms. Medical spa services and medical massage therapy operate under different legal frameworks. Understanding these distinctions clarifies accountability and supports informed consumer choice.
Last reviewed: December 2025
Sources: New York City Council, Office of Oversight and Investigations
