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Total Health Law Primer: Compliance Questions Non-physician Med Spa Owners Should Ask

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Video Transcript

Lee: Hi, I'm Lee Little. This Total Health Law video primer discusses three compliance questions every non-physician med spa owner should ask. If the procedures I plan to offer are aesthetic, do I really need a physician involved? The answer is it depends, but probably.

For any procedure that constitutes the practice of medicine, a physician must either personally perform the procedure or personally supervise a lower-level provider performing the procedure or delegate to a mid-level provider the ability to perform the procedure.

What constitutes the practice of medicine requires a careful review of state law. For example, in Georgia, botox treatments are considered the practice of medicine.

Can I own a med spa if I'm not a physician? State law determines whether such things as corporate practice of medicine or physician fee-sharing prohibitions may limit your ability to own a med spa if you're not a physician.

Often there are different ways to set up the ownership structure to properly comply with state law. Your healthcare attorney can help you design a compliant ownership structure for your med spa.

If I own the practice and perform the procedures, can I pay my delegating physician? This answer will vary by state. In Georgia, if you are an advanced practice registered nurse and own a medical spa, who has been delegated authority by a physician to perform certain medical procedures, the rules prohibit you from employing your delegating physician. Therefore, how best to structure ownership at the med spa and to lawfully compensate a physician may require careful consideration by your healthcare attorney.

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