Critical legal issues for physicians in medical spas

November 02, 2018

Supervision, authorization, and ownership rights are among the hot issues that can make physicians in great difficulty in the medical spa business. Generally, noncore cosmetic doctors, including OB/GYNs, emergency room physicians and pediatricians will become medical spa directors or own these facilities. What happens if these doctors do not have experience in medical aesthetics?

 

Doctors must authorize treatment only for providers whose licenses are suitable for performing treatments 

 

Things to note

 

To become a supervisor or medical director of a medical spa, the doctors themselves must have the appropriate experience and qualifications. If the doctors dont have the appropriate qualifications and experience in the medical aesthetics services being provided at the medical spa, it is not suitable for them to be supervising and delegating those treatments.

Moreover, practitioners who are authorized in their scope of practice to perform medical aesthetics treatments being delegated by the physician. A doctor should make sure that the medical staff who work for them at the spa can legally carry out the treatments that the doctor plans to delegate as the medical director.

‘This industry has become filled with midlevel providers and, for the most part, they have a lot of autonomy when it comes to performing medical treatments. Physicians don’t necessarily need to be onsite to supervise midlevel providers. But RNs, LPNs (licensed practical nurses), medical assistants and laser technicians require varying levels of physician supervision depending on what state you’re in.’ said attorney Renee E. Coover with ByrdAdatto, a law firm specializing in health care and business law.
Doctors must authorize treatment only for providers whose licenses are suitable for performing treatments. If they dont follow this principle, they can be charged with helping and continuing to practice illicit medicine. It may put their licenses and other vendors in jeopardy.

If you are a doctor, and you wish to open a medical spa, be aware of the law to protect yourself.

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