Get the Advice You Need from an Experienced Georgia-Based Medical Spa Attorney

Our healthcare law firm represents numerous owners, both physicians and non-physicians, across various healthcare-related businesses such as med spas, aesthetics, IV-hydration services, ketamine clinics, wellness centers, and weight loss clinics. The focus of our health law practice is a 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 on unique legal aspects of owning and operating a med spa.  Most med spas are unique and require careful consideration of specific facts and details.

Georgia-Based Medical Spa Attorney

We are often consulted by new and existing med spa owners regarding concerns about the subject of “compliance” and the proper setup 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 – We help physician and non-physician owners make informed and strategic decisions about the most appropriate corporate structures for their med spa businesses. After helping our clients choose the type of business entity they want to form, we then prepare all necessary filings and draft the bylaws, agreements, and other documents our clients need to manage their business entities effectively.
  • Proper Physician Supervision and Agreements – Ensuring proper physician supervision is critical for med spas and other similar types of businesses with non-physician owners. In addition to advising our clients on this issue, we also draft and negotiate the agreements our clients need to establish compliance (and demonstrate compliance when necessary).
  • Medical Board Rules and Scrutiny – The Georgia Composite Medical Board (GCMB) plays an important role in ensuring patient safety through means including, but not limited to, regulating the licensed practice of medicine doctrine in the state. Each Georgia-based medical spa attorney at our firm has extensive experience advising both physician and non-physician clients regarding the GCMB’s rules and representing clients that are facing scrutiny from the GCMB.
  • Corporate Practice of Medicine Advice and Protection – Various med spa operating models can implicate Georgia’s prohibition on the “corporate practice of medicine.” We help our clients understand how and when this prohibition applies, and we help them take steps to avoid running afoul of this prohibition when necessary. We also prepare our clients for the possibility of facing scrutiny under Georgia’s corporate practice of medicine law, and our attorneys are available to communicate with authorities on behalf of our clients as needed.
  • Non-physician Ownership Representation and Solutions – We have significant experience representing non-physician owners of med spas, weight loss clinics, and other “quasi” healthcare businesses. Whether you are in the process of starting a business, seeking outside funding, expanding or dealing with compliance-related concerns, a Georgia-based medical spa attorney can help you target solutions that keep you safe and keep your business moving forward.
  • Drafting Proper Med-Spa Vendor Contracts – When dealing with outside vendors, it is critical that Med Spas and other businesses ensure that they have all necessary contractual protections in place. Each Georgia-based medical spa attorney at our firm has extensive experience drafting vendor contracts and representing businesses in vendor contract negotiations.  
  • Buying or Selling an Existing Med Spa – Along with helping our clients start and manage med spas and other “quasi” healthcare businesses, we also regularly represent clients during med spa sales and acquisitions. If you are interested in selling your health spa or are considering buying an existing med spa in Georgia, we can guide you through the process step-by-step and represent you in all related contract negotiations.

In each instance, we find that typically, it is important to comprehensively learn the factual details of the intended med spa mode 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 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 licensed physician on-site, more specific rules on delegating physicians are implicated and must be fully evaluated.  

Corporate Practice of Medicine in Georgia

Compliance with Georgia’s prohibition on the corporate practice of medicine is a key concern for non-physician med spa owners as well. In Georgia, the law is clear that both (i) only licensed professionals can practice medicine and (ii) only individuals are eligible to receive professional medical licenses. As a result, any business entity (whether a corporation or otherwise) seeking to offer med spa or other “quasi” healthcare services without a physician owner (or without a supervising physician on-site) must ensure that it does so in accordance with the prohibitions that apply.

We have extensive experience advising current and prospective med spa owners on all aspects of non-physician ownership and corporate practice of medicine. If you have questions or concerns in either of these areas, we can help you, and we encourage you to contact us to arrange a confidential consultation with a highly experienced Georgia-based medical spa attorney at Little Health Law.

Additional Compliance Considerations and Concerns for Georgia Med Spas

Along with the issues covered above, med spas and other “quasi” healthcare businesses operating in Georgia can encounter a wide range of other compliance concerns and liability risks as well. In addition to these issues, we also routinely advise physicians and other business owners on matters including (but not limited to):

  • Advertising Compliance (Including Social Media Compliance) – Med spa operators must be careful to comply with all applicable state and federal advertising laws and regulations. These include the laws and regulations enforced by the U.S. Food and Drug Administration (FDA) and U.S. Federal Trade Commission (FTC), among other authorities. In particular, med spa operators must be careful to ensure that they do not misrepresent the benefits of their products or services on social media—which has been a priority enforcement area for the FDA and FTC in recent years.
  • Anti-Kickback Statute and Stark Law Compliance – The Anti-Kickback Statute and Stark Law prohibit the payment of referral fees and other forms of remuneration in many circumstances. Med spas seeking to provide or receive compensation for referrals must work with an experienced Georgia-based medical spa attorney to ensure that their financial arrangements fall within one of these statutes’ safe harbors or exceptions when necessary.
  • Informed Consent and Patient Agreements – Informed consent is an important issue for med spas and all other businesses and practices within the healthcare sphere. Along with obtaining informed consent as necessary, med spas should also use patient agreements to ensure that they have appropriate protections in place with regard to both liability and their right to collect payment.
  • Laser Therapy Compliance – Laser therapy is one of several examples of healthcare services that are subject to specific rules and requirements. Before providing laser therapy services, med spas must implement the requisite policies and procedures and ensure that their staff have a clear understanding of the rules that apply.
  • Healthcare Billing Compliance – When billing insurance for patient services, med spas must ensure strict compliance with insurers’ billing rules and regulations. Non-compliance can trigger invasive audits, and these audits can lead to payment reversals, payment denials, prepayment reviews, and even exclusion from future participation.
  • Testing and Other Laboratory Services – Testing and other laboratory services are subject to specific rules and requirements as well. Here, too, med spa owners must be extremely careful to ensure compliance, and they should work closely with experienced counsel to ensure that they are not exposing their businesses (or themselves) to civil or criminal liability.
  • Prescription Drug Compliance – Physicians who prescribe medications to med spa patients must ensure strict compliance with the federal Controlled Substances Act, Drug Supply Chain Security Act (DSCSA), and other state and federal laws as applicable. With our firm’s broad healthcare law practice, we have multiple attorneys who are intimately familiar with the laws that govern the prescription, administration, and dispensing of controlled substance medications in Georgia.

Again, these are just examples. When you engage a Georgia-based medical spa attorney at Little Health Law, your attorney will thoroughly assess all applicable statutory and regulatory requirements if desired. Then, based on this assessment, you can determine what steps you need to take to ensure that your business is compliant and secure.

Custom-Tailored Legal Solutions for Georgia Med Spas

We provide comprehensive legal services for med spas in Georgia. Whether you have questions about a specific legal issue or you need a full-service legal solution, we can custom-tailor the scope of our representation to your specific needs. We routinely assist physician and non-physician med spa owners with matters including:

Corporate and Commercial

From forming new business entities to buying and selling existing med spas, a Georgia-based medical spa attorney will assist med spa owners with all corporate matters. We provide assistance with all commercial matters as well—from negotiating financing arrangements to negotiating vendor contracts.  

Compliance Policies and Procedures

All med spas need a robust set of custom-tailored compliance policies and procedures. Our attorneys work closely with our med spa clients to understand their specific legal risks and needs, and then they draft clear and comprehensive policies and procedures designed to help our clients avoid scrutiny—and withstand scrutiny when necessary.

Compliance Training

For med spas, simply having compliance policies and procedures isn’t enough. Med spas must also effectively implement their policies and procedures in all areas of their operations. This starts with providing appropriate training to all personnel who play a role in helping the company maintain compliance.

Compliance Monitoring, Auditing, and Enforcement

Beyond implementing compliance programs, med spas must also monitor for compliance on an ongoing basis. They must conduct periodic compliance audits as well, and they must take appropriate measures to enforce compliance as necessary.

Defense for Healthcare Audits and Investigations

We also provide representation for healthcare audits and investigations. This includes audits conducted by private health insurers as well as inquiries conducted by state and federal authorities. If your med spa is facing an external inquiry, we encourage you to contact us promptly.

Speak with an Experienced Georgia-Based Medical Spa Attorney in Confidence

Little Health Law has offices in Atlanta and Augusta, Georgia, serving our customers throughout the United States. Our Georgia-based medical spa attorney will be glad to speak with you regarding your med spa and associated legal needs.  To schedule a consultation, contact us at info@littlehealthlaw.com.  We look forward to meeting you.

We Look Forward to Working With You