Gift cards seem simple, but in aesthetics, they can create serious legal and financial risk.

Michael Byrd and Brad Adatto highlight how something as small as a gift card can trigger complex state-by-state regulations, healthcare compliance issues, and impact a practice’s valuation. One example: $250K in untracked gift cards turned into a $1.5M hit during an acquisition. 

They discuss why med spas aren’t just retail—they’re medical practices—and why that distinction changes everything, from how revenue is handled to how patients are treated.

They also share the risks behind prepaid services, memberships, and popular trends like peptides, where practices may unknowingly violate state laws or medical board rules.

Learn more about ByrdAdatto Healthcare Business Attorneys

GUESTS

Michael Byrd

Partner at ByrdAdatto, Michael Byrd advises healthcare and aesthetic practices on legal strategy, compliance, and growth, helping them navigate complex regulatory landscapes.

Brad Adatto

Brad Adatto is a partner at ByrdAdatto with decades of experience guiding medical practices through business law, compliance, and operational risk in the aesthetics industry.

Host
Robin Ntoh, VP of Aesthetics
Nextech

Questions Answered in This Episode:

• Are there federal laws governing gift cards, or is it all state-level?
• How do state gift card laws differ, and what happens in multi-state practices?
• Why are gift cards considered a compliance risk in a medical setting?
• What is "unearned medical revenue" and how can it trigger a medical board complaint?
• How do unredeemed gift cards affect a practice's valuation during a sale?
• How do membership programs differ legally from gift cards?
• What percentage of med spas understand their gift card compliance obligations?
• What is the "5-50 Rule" and why does early legal counsel save money?
• What is "compliance drift" and how does it happen to otherwise compliant practices?
• What are the top situations when a practice should call their attorney first?
• What are the legal and regulatory risks of adding peptides to a practice?
• What triggers a medical board investigation — and who actually reports practices?

Presented by Nextech, Aesthetically Speaking delves into the world of aesthetic practices, where art meets science, and innovation transforms beauty.

With our team of experts we bring you unparalleled insights gained from years of collaborating with thousands of practices ranging from plastic surgery and dermatology to medical spas. Whether you're a seasoned professional or a budding entrepreneur, this podcast is tailored for you.

Each episode is a deep dive into the trends, challenges, and triumphs that shape the aesthetic landscape. We'll explore the latest advancements in technology, share success stories, and provide invaluable perspectives that empower you to make informed decisions.

Expect candid conversations with industry leaders, trailblazers and visionaries who are redefining the standards of excellence. From innovative treatments to business strategies, we cover it all.

Our mission is to be your go-to resource for staying ahead in this ever-evolving field. So if you're passionate about aesthetics, eager to stay ahead of the curve and determined to elevate your practice, subscribe to the Aesthetically Speaking podcast.

Let's embark on this transformative journey together where beauty meets business.

About Nextech

Industry-leading software for dermatology, medical spas, ophthalmology, orthopedics, and plastic surgery at https://www.nextech.com/ 

Follow Nextech on Instagram @nextechglow

Aesthetically Speaking is a production of The Axis: theaxis.io 

Theme music: I've Had Enough, Snake City