Total Health Law Primer: How to Set Up a Med Spa if You Are Not a Physician

Video Transcript

Caitlin Lentz: Hi, I'm Caitlin Lentz. This Total Health Law video primer summarizes a few considerations for proper setup of your med spa. Who can own a med spa? A threshold compliance consideration for proper med spa ownership by a non-physician is often tied to the corporate practice of medicine doctrine, a concept generally based on the view that it is not desirable for commercial interests to interfere with clinical judgments. Regulations that stem from this policy may, in some states, factor strongly into how ownership of a med spa can be constructed. There is always a proper way to set up a med spa. It's important that your healthcare lawyer research how to properly do it in your location.

Do I need an MSO? The answer is maybe. Whether you're best protected by establishing a management services organization depends upon certain factors, including the particular laws in your state, the specific types of services that you intend to provide in your med spa, and the licensure requirements applicable to the practitioners needed for those services. Often there is more than one way to structure ownership. An MSO may be one way, but perhaps not the only one.

How can I ensure compliance? Compliance is not a one-time setup event. Rather, compliance is best achieved by an ongoing commitment and process that includes diligently learning the rules, and finding smart ways to reduce the risks of being deemed out of compliance with them. Though no set-up or business plan is likely to be bulletproof, a long-term devoted effort and commitment with your healthcare counsel should properly mitigate your compliance risks. I hope you find these tips helpful

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