Med Spa Representation

Our healthcare law firm represents many physician and non-physician owners of med spa, other aesthetics businesses, and similar other "quasi" healthcare businesses like IV-hydration services businesses, ketamine clinics, "wellness" centers, and weight loss clinics.   The focus of our health law practice is representation of healthcare-related professionals and businesses.  We are often retained to represent and advise med spa owners about compliance-related issues that are based upon unique legal aspects of owning and operating a med spa.  Most med spas are unique and require careful consideration of specific facts and details.

Med Spa Attorneys

We are often consulted by new and existing med spa owners regarding concerns about the subject of “compliance” and proper set up of a med spa under applicable state law.  Common engagements of our law firm call up our assistance with, by way of example, the following types of med spa legal issues:

• The Proper Model and Corporate Set-up
• Proper Physician Supervision and Agreements
• Medical Board Rules and Scrutiny
• Corporate Practice of Medicine Advice and Protection
• Non-physician Ownership Representation and Solutions
• Drafting Proper Med-Spa Vendor Contracts
• Buying or Selling an Existing Med Spa

In each instance, we find that typically it is important to comprehensively learn the factual details of the intended med spa model, to fully understand the intended model and the compliance ramifications of how our client intends to conduct business.  For example, we may evaluate corporate practice of medicine considerations if applicable to our client’s intended model and to advise our client on how to avoid unintended violations of applicable State law. 

Non-Physician Ownership 

If our client is a non-physician, our client’s operations may be limited by rules that prohibit “employment” of a delegating physician. For example, the Georgia law provides that an APRN cannot “employ” her delegating physician. See O.C.GA. § 43-34-25(n) (“[I]t shall be unlawful for a physician to be an employee of an [APRN] . . . if the physician is required to supervise the employing [APRN].”; Ga. R. 360-32-.04 (“[A] physician shall not be an employee of an APRN . . . if the physician delegates to and/or is required to supervise the employing APRN.”).  Some medical boards with such limitations have indicated that the delegating physician cannot be employed by the APRN that the delegating physician supervises, but not without some ambiguity as to what constitutes “employment.”  We endeavor to fully understand our client’s lawful objectives and determine appropriate options that comply with applicable rules.

Another area of inquiry with med spa services will involve “scope of practice” rules. For example, in Georgia an APRN’s scope of practice is defined in Georgia Rule 410-11-.01(4), which provides that APRNs are “authorized to perform advanced nursing functions and certain medical acts, which include, but are not limited to, ordering drugs, treatments, and diagnostic studies as provided in O.C.G.A § 43-34-26.1 and Chapter 410-11.”  Specifically, as to nurse practitioners, Rule 410-11-.03(2)(a) provides:

The nurse practitioner provides advanced practice nursing care and medical services specific to the nurse practitioner’s respective specialty to individuals, families and groups, emphasizing health promotion and disease prevention as well as the diagnosis and management of acute and chronic diseases.  The nurse practitioner collaborates as necessary with a variety of individuals to diagnose and manage clients’ health care problems.

Where one desires to own and operate the medical spa without a physician on site, more specific rules on delegating physicians are implicated and must be fully evaluated.  

CONTACT US

Hamil Little Health Law has offices in Atlanta and Augusta, Georgia, serving our customers throughout the United States.  One of our health law attorneys will be glad to speak with you regarding your med spa and associated legal needs.  To schedule a consultation, contact us at info@hamillittle.com.  We look forward to meeting you.