More physicians are venturing into the lucrative area of aesthetic medicine, and taking hold of the business opportunities presented by medical spas. However, physicians need to be aware of the relevant legal and regulatory considerations, and should therefore seek legal advice from attorneys experienced in medical spa industry matters (click here).
Medical spas must be established with due consideration to federal and state laws governing medical practices. Accordingly, there are a host of business and regulatory laws that need to be considered. These relate to areas such as professional licensure, supervision of delegated health professionals, anti-kickback issues, fee-splitting, and HIPAA privacy regulations, among others.
Attorneys can provide expert advice in relation to several issues including:
• Business arrangements relating to the legal structure of the med spa, the type of facility, as well as considerations of ownership and control.
• Professional licensure required for the services that are going to be offered. There is also the issue of credentialing for medical assistants and other allied health professionals based on state requirements.
• Areas of physician responsibility with regards to patient safety, patient consent, and advertising.
• Supervisory obligations and responsibilities, as it relates to delegating duties to other health care professionals in the spa.
• Medical malpractice insurance, as well as methods to mitigate the risk of professional liability, including a well-framed informed consent.
• Proper use of drugs and medications.
• How to ensure compliance with Medicare and Medi-Cal.
The law offices of Nelson Hardiman, Los Angeles, CA has extensive experience in representing aesthetic medical professionals. We can provide the legal and regulatory information you need to know when forming a med spa, so that you safely negotiate the regulatory minefield. Contact our offices at 310-203-2800 or on the web at http://www.nelsonhardiman.com/contact-us/.