Shawnee man sentenced for illegal treatments at KC medical spa
By Gabe Swartz
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KANSAS CITY, Missouri (KCTV) — A Shawnee man was sentenced to two years in prison and ordered to pay a little less than $20,000 in restitution to victims during sentencing in federal court Thursday.
The man, 47-year-old Richard B. Smith III, pleaded guilty on July 27, 2022, to one count of receiving misbranded drugs — both foreign and unapproved Botox — and delivering them for pay with the intent to defraud or mislead, and one count of receiving adulterated devices and delivering them for pay with the intent to defraud or mislead.
Smith owned and operated Tap and Blade, located at 7208 Wornall Road, in Kansas City, Missouri. The medical spa offered medical services, such as injections of prescription drugs, including Botox, as well as cosmetic services. The Shawnee man was the only employee of Tap and Blade and performed all the procedures offered at the clinic, according to court documents from the U.S. Department of Justice.
In December 2020, the U.S. Food and Drug Administration began investigating Tap and Blade after information surfaced regarding injuries to multiple patients at the medical spa. Agents executed a search warrant at Tap and Blade April 7, 2021, and found boxes of Juvaderm Ultra 3 and three syringes filled with Botox.
Smith admitted that he obtained Botox and Juvederm Ultra 3 through the internet and without a prescription via a Chinese website. He also admitted that he never told his patients he was using foreign drugs and devices that had not been approved by the FDA, while estimating that he treated approximately 50 to 60 customers. The DOJ said Smith treated at least 10 patients that suffered a bodily injury after being treated with Juvederm Ultra 3.
According to court documents, one patient told investigators the treatment was very painful and bruised her lip immediately, resulting in a trip to the emergency room due to severe pain and blistering on her upper lip that required treatment from a plastic surgeon. Another patient told investigators she suffered a permanent scar as a result of Smith’s treatments.
The DOJ said Smith continued performing injections even after becoming aware they caused adverse reactions to patients. From Jan. 1, 2018, to April 30, 2021, during the more than three years the business operated, there was never a medical doctor associated with the spa, nor was there a doctor overseeing procedures. Court documents said Smith lied to patients about the presence of a doctor on staff and told patients he was a registered nurse or had a nursing degree.
Rather than attending any training courses on how to properly administer the products, Smith practiced injections on honeydew fruit, fake heads and fake skins, according to the DOJ.
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