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Med Spa Owner Sues Employee for Performing After Hours Discounted Services

May 3rd, 2009

The owner of a medical spa in Nevada has sued a former employee and her husband, claiming they performed discount cosmetic surgery on the premises.

In her complaint, Tracy Hurst, owner of the Spa at Summerlin, said that to add insult to injury the couple diverted her clientele to the business they ran late at night and on Sundays, The Las Vegas Sun reported Friday.

Hurst charges that Nancy Vinnik, a nurse, and her husband, Dr. Charles Vinnik, performed procedures like Botox injections and laser skin treatments. The Vinniks allegedly allowed other surgeons to use the spa to insert breast implants and other cosmetic surgery.

A nurse told The Sun that at times the operation was bringing in $30,000 a night.

Michael Stein, a lawyer representing the Vinniks, said the couple would never risk their medical licenses for “chicken feed.” He also said they would have been taking a stupid risk.

“So the owner decides to go back to her office to get something and you’re sitting there working on patients? It’s ridiculous!” he said.
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MedSpa, Medical Spa, Nevada Spas, Spa Legal Issues

Fish pedicure banned in 14 states

March 25th, 2009

fish-spa-garra-rufaThere’s more than one way to skin a foot.

In his beauty salon wedged between a pizza parlor and a taco shop in a strip mall here, John Ho is letting small fish eat dead skin off his customers’ feet.

“Feels like a bunch of ants running across your feet,” said Bill Piatt, a Marine gunnery sergeant from nearby Fort Belvoir, after dipping his feet in a Plexiglas tank for 15 minutes of a fish-assisted pedicure. His wife, Leah, reclining on an adjacent chair, said the nibbling tickled — “a very odd feeling.”

Until Mr. Ho brought his skin-eating fish here from China last year, no salon in the U.S. had been publicly known to employ a live animal in the exfoliation of feet. The novelty factor was such that Mr. Ho became a minor celebrity. On “Good Morning America” in July, Diane Sawyer placed her feet in a tank supplied by Mr. Ho and compared the fish nibbles to “tiny little delicate kisses.”

Philip Shishkin Since then, cosmetology regulators have taken a less flattering view, insisting fish pedicures are unsanitary. At least 14 states, including Texas and Florida, have outlawed them. Virginia doesn’t see a problem. Ohio permitted fish pedicures after a review, and other states haven’t yet made up their minds. The world of foot care, meanwhile, has been plunged into a piscine uproar. Salon owners who bought fish and tanks before the bans were imposed in their states are fuming.

The issue: cosmetology regulations generally mandate that tools need to be discarded or sanitized after each use. But epidermis-eating fish are too expensive to throw away. “And there’s no way to sanitize them unless you bake them for 20 minutes at 350 degrees,” says Lynda Elliott, an official with the New Hampshire Board of Barbering, Cosmetology and Esthetics. The board outlawed fish pedicures in November.

In Ohio, ophthalmologist Marilyn Huheey, who sits on the Ohio State Board of Cosmetology, decided to try it out for herself in a Columbus salon last fall. After watching the fish lazily munch on her skin, she recommended approval to the board. “It seemed to me it was very sanitary, not sterile of course,” Dr. Huheey says. “Sanitation is what we’ve got to live with in this world, not sterility.”

Mr. Ho, a wiry 39-year-old, hopes the bans will lure pedicure tourists from fish-hostile states to the two Virginia locations of Yvonne Hair & Nails, which he owns with his wife, Yvonne Le. The salons charge customers $35 to have their feet nibbled by fish for 15 minutes.

When Mr. Ho was 5, his father put the family on a fishing boat, and like many others fleeing Communist Vietnam, floated out into the high seas, hoping to find a ship to rescue them. The Hos succeeded, and eventually settled in Virginia. Mr. Ho married his high-school sweetheart and the couple opened the Alexandria salon in 1997, while Mr. Ho continued to run a home-building business.

By 2007, they were looking for an alternative to pedicure razors, which are banned in many states as too prone to making dangerous cuts. Ms. Le heard from a customer about skin-eating fish in Asia, and Mr. Ho started doing research.

What he discovered, among other things, was an old Turkish legend about a shepherd who injured his foot and stuck it into a hot spring teeming with small fish. The foot healed. Word spread. A treatment center for skin ailments grew around the springs near the Turkish town of Kangal. From Turkey, the practice spread throughout Asia, employing garra rufa, toe-size carp that live in warm water, have no teeth and, according to those in the business, like to suck off dead skin. Another fish sometimes used to treat feet, called chin chin, is bigger in size and grows tiny teeth.

Last year, Mr. Ho and his wife traveled to a spa in Chengdu, China, had a full-body fish treatment and liked it. After returning, Mr. Ho wired the Chengdu dealer $40,000 for 10,000 fish.

At the back of the salon, he set up a communal fish tub for customers’ feet. The Fairfax County Health Department deemed the tub to be a public swimming pool and ordered it closed on health grounds.

Mr. Ho then designed individual Plexiglas tanks where water is changed after every use and fish can’t swim from one pair of feet to another. Since nobody is sharing the water, the county’s public-pool ordinance no longer applied. Virginia’s Board of Cosmetology has no jurisdiction over skin, unless it’s a face. So Mr. Ho was in the clear.

In Derry, N.H., salon owner Kim Ong heard about Mr. Ho on television, and traveled to his spa undercover, posing as a pedicure customer. She liked what she saw and bought 500 chin chin from a dealer in Washington state for about $6,000.

To New Hampshire regulators, Ms. Ong’s proposal to use fish for pedicures was nearly as unusual as an inquiry they once had about using snakes for massages. The answer, to both, was no, says Ms. Elliott of the cosmetology board.

Ms. Ong’s fish now swim in a decorative fish tank and eat regular fish food — or each other if they get too hungry. Ms. Ong says she plans to fight the pedicure ban.

State bans have disrupted Mr. Ho’s plans to build a nationwide franchise network. Currently, he has four active franchises, in Virginia, Delaware, Maryland and Missouri. But others have terminated franchise agreements. In Calhoun, Ga., Tran Lam, owner of Sky Nails, says she paid Mr. Ho $17,500 in exchange for fish and custom-made pedicure tanks. A few weeks later, in October, the Georgia Board of Cosmetology deemed fish pedicures illegal. “I’m very mad,” says Ms. Lam. “I lost a lot of money and the economy is so bad.”

In Kent, Wash., Bamboo Nails, another franchisee of Mr. Ho, is stuck with thousands of dollars of idle fish and equipment following a state ban last fall. The ban stemmed from a spot check of another salon where state inspector Susan Colard says she watched the owner — demonstrating the technique — stick her foot in a tank with so many fish droppings it was murky.

Proponents say fish pedicures are safe if the water is kept clean. “It is so out of the ordinary that the first reaction is to say ‘no,’ ” says Kevin Miller, executive director of the Ohio Board of Cosmetology.

In Nevada last month, state Assemblyman Tick Segerblom introduced a bill that would allow fish pedicures. Mr. Segerblom, who represents downtown Las Vegas, says he is acting upon the request of a Chinese constituent with a foot-massage business.

He made no prediction about the bill’s chances. But with everyone in the legislature obsessed with depressing things like deficits and the recession, Mr. Segerblom says, “It’s the most popular bill in the building.”

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New Jersey May Ban Bikini Waxing – Spas Speak Up

March 20th, 2009

waxing

Spas urge clients to fight for right to wax

Pubic hair may be natural, but a New Jersey salon- and spa-owners group say women should fight for their right to wax it off.

Yesterday the Daily News reported that the state’s Board of Cosmetology and Hairstyling planned to ban “genital waxing,” often known as a “Brazilian wax” from salon and spa menus.

The practice has never been technically legal, but spas and salons up and down the state have long offered customers the chance to go bare . . . down there.

The Association of Salon and Spa Professionals has unsuccessfully lobbied the board to legalize genital waxing and is now urging women to sign and send a petition to Robert Gilson, director of the division of law at the state Attorney General’s Office.

“This is not a third-world country, but you’re telling a woman what she can or can not do to their bodies,” said Feuza Reis, marketing director at Jaira’s Salon in Middlesex County. “There is a huge demand for this service.”

New Jersey statutes allow waxing of the face, neck, arms, legs and abdomen, but officials say that genital waxing has always been illegal, although not spelled out. That will change when the cosmetology board passes the proposal, a state spokesman said.

Reis, a member of the ASSP in New Jersey, said state statutes don’t spell out whether it’s legal to wax backs or chests either.

“You know how many men get their backs waxed?” she asked.

Regardless of the procedure’s legal status, most salons in New Jersey offer Brazilian waxes, often under different names. The state does not investigate infractions unless they receive complaints from consumers. A spokesman said two women reported injuries from having the procedure.

The ASSP, which Reis said has 200 members in the state, sent the board a position paper on the subject recently, highlighting the demand for genital waxing for women and men, the socio-economic factors of banning it, and even suggesting how statutes should be tweaked to include the procedure along with back and chest waxing.

The board read the paper in closed session at their meeting on Tuesday night, Reis said.

“They voted to keep it out,” she said. “How come we’re going to be the only people in the world banning this kind of stuff?”

The Attorney General’s Office did return requests for comment.

To sign the petition, visit www.brazilianbikiniwax.org. *

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Lawsuit against Mario Tricoci Day Spa

March 17th, 2009

Lawsuit after massage table in Skokie spa collapses

A woman is suing a Skokie spa Tuesday after a she was injured when the table used to administer her massage collapsed.

Mary Jo Filippini filed a lawsuit against Mario Tricoci of Old Orchard Tuesday in Cook County Circuit Court for injuries she suffered during Feb. 21 incident.

According to the suit, Filippini went to the Mario Tricoci Day Spa, 4999 Old Orchard Center, in Skokie, for a massage. After she removed her clothes and laid down for the massage, the table collapsed throwing her to the ground.

The woman suffered injuries, pain and anguish, and needed medical care because of the incident.

The lawsuit seeks in excess of $50,000 for damages.

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Spa cited by Kansas State Board of Healing Arts Board

March 12th, 2009

Andover spa owner cited for practicing medicine without a license

botox-injectionThe owner and operator of an Andover spa last week entered into a diversion agreement with the Kansas State Board of Healing Arts Board, following an investigation into whether she practiced medicine without a license.

Stacy Truesdell owns TA LLC, which does business as True Aesthetics Premier Laser and Medical Spa.

The board investigated allegations of instances occurring in October and November 2008. The board alleges Truesdell performed medical procedures without the supervision of a licensed practitioner of the healing arts and gave the impression she was appropriately trained and able to practice healing arts. Both are violations of Kansas law.

Procedures in the investigation included: Botox injections, laser hair removal treatments and laser surgery.

However, the board says it received no reports of any clients being injured as a result of the procedures performed.

The healing arts board says Truesdell cooperated fully with the inquiries, including providing documents in response to two administrative subpoenas and discussing the matter with board’s representatives.

Because of Truesdell’s corporation, the board agreed to forego any litigation as long as the terms of the agreement are met. The diversion agreement specifies:

• Truesdell will no longer perform Botox injections.

• TA LLC can’t employ anyone to perform Botox injections.

• Truesdell will no longer perform laser treatments.

• TA LLC will no longer employ anyone to perform laser treatments.

• Truesdell will cooperate with the board and its investigators concerning any subsequent investigations.

• TA, LLC will not use the term “medical” in any manner, including, signage and letterhead.

These stipulations, the board says, are subject to change should Truesdell become licensed.

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Clark County Nevada Abolishes Restriction on Cross Gender Massage

March 8th, 2009

men-massage-facial-redA longtime restriction on cross-gender massages in Clark County was rubbed out Tuesday.

County commissioners voted to rescind the rule that licensed massage therapists say lumped them with prostitutes and severely hampered their businesses.

The rule affected mainly lone therapists who do outcalls at homes and in hotel rooms. Casinos, spas and massage establishments were exempt.

Lifting the rule aligns the county with the cities. Last year, Las Vegas repealed its restriction on massages to the opposite sex. Henderson and North Las Vegas also allow cross-gender massages.

Those in the industry praised the action, saying that it creates a uniform code across the valley and that legitimate therapists are no longer treated as prostitutes.

Heather Mehudar, a massage therapist, said the rule made it difficult for her to survive in the tough economy.

“Ninety percent of the calls I get for my business are males,” she said, “so I’m turning away 90 percent of my calls.”

Commissioners also approved shifting responsibility for overseeing therapeutic massage to the state board. The county will issue business licenses to therapists and let the state handle code enforcement.

Commissioner Chris Giunchigliani proposed the policy changes after state officials told her the county overstepped its authority in limiting what therapists could do. She recalls trying to get the cross-gender rule repealed in 1991 but to no avail.

Having the state in charge of massage laws will make them consistent in every jurisdiction, Mehudar said.

One of her clients, Laura Stendel, who helps oversee a large massage staff, said the cross-gender law was stifling because most therapists are women and most men prefer to be massaged by women.

She never dared to break the rule, Stendel said, because undercover officers sometimes posed as customers. She blamed Nevada’s patchwork of legalized prostitution.

“It’s really only this complicated in Las Vegas,” she said.

Removing the cross-gender rule will simplify the profession and boost sales, said Becki Ortiz, a local therapist.

“In my neighborhood, I could massage the wife but not the husband,” Ortiz said. “Now I can do both.”

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The Barber Lounge – Theraputic Massage Ban Off In SF

February 7th, 2009

SoMa massage is back!

A South of Market spa owner recently learned how it important it can be to have friends in City Hall.

Back in November, the city shut down Greg Griffin’s therapeutic massage treatments at The Barber Lounge on Folsom Street. It turned out that in the 1980s the city had banned massages in what it defines as SoMa due in part to concerns about sex in massage parlors and bath houses.

Fancy malls and large luxury hotels nearby have opened spas and they are allowed to offer massages because they aren’t technically located in SoMa. Griffin, who runs a chic salon with grooming services — including haircuts, facials and hot-towel shaves — felt like he was at an unfair disadvantage.

After eight e-mails and 10 phone calls to his area Supervisor Chris Daly with no luck, Griffin was at his wits end. Good thing one of his customers was City Treasurer Jose Cisneros. Cisneros went to his friend Supervisor Bevan Dufty, who then crafted some legislation that, in effect, lifts the ban.

“It was really lucky that I had connections at City Hall,” Griffin said. “As a regular Joe, forget about it. This city is really hard on small businesses.”

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Plantation FL Day Spa on Probation

January 28th, 2009

spavelous-spa-business1Woman Claims She Was Sexually Assaulted At Spa
S. Fla. Spa On Probation For Unlicensed Workers

PLANTATION, Fla. — A popular South Florida day spa was put on probation for a year for having unlicensed workers, and a woman claimed she was sexually assaulted at the spa.

“We didn’t do anything wrong. Contour Day Spa didn’t do anything wrong,” said David Schottenfeld, an attorney for the spa.

Contour’s lawyer might feel that way. But members of the State Board of Massage therapy disagree.

The posh day spa and its owner are now on probation. Contour’s owner, Fanit Panofsky, would not talk  about her hiring practices, about the disciplinary action taken by the state or about hiring Ivson Brazil.

Panofsky hired Brazil to perform Turkish baths at Contour. Brazil allegedly fled the country after being accused of sexually assaulting a Contour client while performing a Turkish bath.

When questioned by police, Brazil called it an “accident,” saying that he slipped on wet tile, causing his mouth to make contact with a client’s “vaginal area.”

Brazil was not licensed as the state said he should have been. His prior job was working at a carwash.

When a state massage board attorney questioned Panofsky about the hiring, she said she hired him to “clean up.” As far as performing the Turkish bath, she said she told him, “She had no one else at the time, and that she trained him, had someone train him on the premises,” according to Sam Diconcilio, an attorney for the Board of Massage Therapy.

As part of the probation, the state will make four unannounced inspections at Contour within the next year to make sure everyone inside is properly licensed.

The massage board’s attorney had to convince the spa owner that the Turkish bath was a form of massage and needed to be done by a licensed, well-trained professional. Diconcilio said, “You can’t have somebody on a table with no clothes on, and nobody can touch them without a license.”

The Contour Day Spa was also fined. Their probationary period lasts until the middle of 2009.

The alleged victim in the case filed a civil suit against Contour for negligence, but a jury found Contour was not liable for Brazil’s actions.

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North Carolina Adopts New Licensing Exam

December 23rd, 2008

North Carolina Adopts New Licensing Exam

The North Carolina Board of Massage and Bodywork Therapy has voted to make the Massage and Bodywork Licensing Examination (MBLEx) the only major test that will be accepted for regular licensure after Jan. 1, 2011.

The MBLEx is the exam created by the Federation of State Massage Therapy Boards, and is gradually being used alongside or in place of the exams created by the National Certification Board for Therapeutic Massage & Bodywork in states that regulate massage therapists.

“The decision by the North Carolina Board to adopt the MBLEx as their primary licensure examination has a combined beneficial
outcome for both the public in North Carolina and the profession as a whole,” FSMTB Executive Director Debra Persinger, Ph.D., told MASSAGE Magazine. “The FSMTB supports and applauds this progressive step taken by the North Carolina Board towards adoption of the uniform licensing examination that is in the best interests of the regulatory program and allows portability of licensure on a national level.”

The final text of Senate Bill 1314, which contained the amendments to the North Carolina Massage and Bodywork Therapy Practice Act, may be downloaded here.

The latest version of the North Carolina Practice Act may be accessed here.

Massage Therapists, Spa Legal Issues