Little Health Law Blog

Esthetician Scope of Practice

March 21, 2026 | Little Health Law

Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. In particular, our med spa clients often ask whether they can hire estheticians to perform certain procedures within their med spa. Estheticians have a defined scope of practice under state law, and having estheticians perform procedures outside their scope of practice carries legal risk. This blog covers some main points about an esthetician’s scope of practice, particularly in Georgia. If you are an esthetician considering to open up a med spa, planning to hire an esthetician as part of your med spa, or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Estheticians Are Prohibited from Performing Medical Aesthetics Procedures Under Georgia Law.

Med spas have been recently advertising “medical aesthetics” services. Georgia law does not define “medical aesthetics,” but medical aesthetics can refer to dermal fillers, Botox injections, micro needling, and chemical peels. The Georgia Composite Medical Board has Continue reading ›

Georgia Non-Competes that Prevent an Employee from Working for a Competitor “In Any Capacity” Are Overbroad, Says Georgia Court of Appeals

March 19, 2026 | Little Health Law

Our healthcare and business law firm guides many medical practices and physicians through employment matters. A question we are often asked is “is the non-compete enforceable?” That question is never easy to answer, it depends on a mix of law, facts, and practical considerations. Generally speaking, under the Georgia Restrictive Covenant Act, non-competes are enforceable if they are reasonable as to duration, scope, and geographic area. The subject of this post focuses on the question of “scope.” Specifically, Georgia courts have made it clear that a non-compete is unreasonable and overbroad if it prevents an employee from providing “any services” to a competitor or working for a competitor “in any capacity.” This blog post further explains what courts find overbroad about this language. If you need assistance with employment matters or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

In 2022, a District Court from the Southern District of Georgia reviewed a non-compete provision that prevented the employee from working “in any capacity” with a competitor. The District Court found the non-compete unreasonably broad and unenforceable, and stated:

As recently explained by the Georgia Court of Appeals, “[a]lthough O.C.G.A. § 13-8-56(3) states that ‘[t]he scope of competition restricted is measured by the business of the employer[,]’ covenants that do not list specific limits on the type of activity, and effectively bar former employees from working in any capacity for competitors, have been deemed overbroad and unreasonable.” Burbach v. Motorsports of Conyers, LLC, 363 Ga.App. 188, 871 S.E.2d 63, 66-67 (2022) (quoting Carson v. Obor Holding Co., LLC, 318 Ga.App. 645, 734 S.E.2d 477, 483 (2012)).

Georgia Mirrors Federal Telemedicine Extension

March 3, 2026 | Little Health Law

Our healthcare and business law firm advises many physicians and medical practices on compliantly using telemedicine to provide medical care to patients. Typically, the Federal Ryan Haight Act requires at minimum an in-person evaluation before prescribing controlled substances. Since the COVID-19 Pandemic, however, the Federal Drug Enforcement Administration (“DEA”) and the Health and Human Services Department (“HHS”) have permitted flexibility to that rule by allowing all DEA-registered practitioners to prescribe schedule II-V controlled substances via telemedicine. The COVID-era flexibilities have been scheduled to end many times now, but the DEA and HHS continue to extend the flexibilities. Most recently, the DEA and HHS issued the Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, extending the flexibilities until December 31, 2026. For each extension thus far, the Georgia Medical Board has also permitted parallel flexibilities in Georgia. This post discusses the Georgia Medical Board’s current stance on telemedicine flexibilities for prescribing controlled substances. If you would like to discuss using telemedicine in a medical practice or this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Georgia’s General Tele-Prescribing Rule

Georgia Rule 360-3-.02 defines Unprofessional Conduct to include: “Prescribing controlled substances . . . and/or dangerous drugs . . . for a patient based solely on Continue reading ›

Establishing the Patient-Provider Relationship Through Telemedicine

February 24, 2026 | Little Health Law

Our healthcare and business law firm advises many physicians and medical practices on compliantly using telemedicine to provide medical care to patients. Not only are there parameters around practicing medicine via telemedicine and prescribing via telemedicine (often called teleprescribing), there always remains the requirement to establish a patient-provider relationship before providing care or prescribing for any patient. Each state has different telemedicine rules, in addition to Federal tele-prescribing rules, so it is important for providers to consult their states’ requirements, including requirements on establishing a patient-provider relationship via telemedicine (if permitted). This post discusses considerations around establishing a patient-provider relationship through telemedicine. If you would like to discuss using telemedicine in a medical practice or this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Some initial questions that should be answered when considering using telemedicine are:

Can a patient-provider relationship be established via telemedicine?
If so, does that require a synchronous, audio-visual visit?
If no, is an asynchronous tool, like a questionnaire or screening tool, sufficient to establish a patient-provider relationship?

Many states now permit a patient-provider relationship to be established via telemedicine, so that typically requires answering Continue reading ›

Two Key Facts About the Florida Health Care Clinic License

February 13, 2026 | Little Health Law

Our healthcare and business law firm works with many providers who wish to create an entity under which they provide professional nursing or physician services. Before providing professional services through an entity, it is important to consider your state’s laws and rules governing the provision of professional services. Florida, for instance, passed the Health Care Clinic Act (“Act”) in 2003 and has made many revisions thereto over the years. The purpose of the Act was to strengthen the regulation of health care clinics “to prevent significant cost and harm to consumers” by “provid[ing] for the licensure, establishment, and enforcement of basic standards for health care clinics and [] provid[ing] administrative oversight by the Agency for Health Care Administration.” Fla. Stat. § 400.990. This post addresses two key components of the Health Care Clinic Act: (1) what qualifies as a “clinic,” and (2) what exemptions are there to the licensure requirement? If you would like to discuss ways to structure your practice or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

(1) What qualifies as a “clinic”?

According to Fla. Stat. § 400.9905(4), “‘Clinic’ means an entity where health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider.” “Tenders charges for reimbursement” specifically refers to submitting claims to third-party payors (such as Medicare, Medicaid, or commercial payors). If the practice is cash-only and does not bill to any third-party payors, then the practice does not qualify as a clinic and thus does not need licensure under the Health Care Clinic Act. The Act also does not contemplate (i.e., specifically include or exclude) practices that only provide telehealth services, so it is important to consider with counsel whether a telehealth-only practice is considered a clinic under the Act.

Two Important Takeaways from the New Protocol for Administration of Vaccines by Pharmacists in South Carolina

February 7, 2026 | Little Health Law

In states such as South Carolina, pharmacists are allowed to administer flu vaccines and other vaccines, such as the COVID-19 vaccine, without an order from a licensed provider. In 2025, the South Carolina Joint Pharmacist Administered Vaccines Committee revised its protocol for South Carolina pharmacists to administer vaccines. This blog covers two important takeaways that South Carolina pharmacists should consider before administering certain vaccines to customers. If you are concerned how this protocol affects you or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Takeaway: Pharmacists, Pharmacy Interns, and Pharmacy Technicians Must Meet Certain Requirements Before Administering Vaccines.

The protocol requires pharmacists, pharmacy interns, and certain pharmacy technicians to meet specific requirements before they can administer vaccines to customers, including licensing requirements, certification and training requirements, and continuing education requirements. Pharmacists, pharmacy interns, and certain pharmacy technicians must be certified to administer CPR and complete training about vaccine administration, Continue reading ›

If You Are Starting a Concierge Medical Practice that Accepts Private Insurance

February 5, 2026 | Little Health Law

When starting a concierge medical practice, one important question to ask is whether your practice will be accepting private insurance, which involves providing services to patients that are insured under private health insurance plans. However, accepting private insurance as part of your concierge practice carries legal risks. This blog covers an important consideration that providers should consider before starting a concierge medical practice that accepts private insurance. If you need assistance setting up a concierge medical practice or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

It Is Important to Review Your Participating Provider Agreements with Health Insurance Plans to See if They Allow Their Providers to Start Concierge Medicine Practices.

Before providers opt into networks with health insurance plans, they sign participating provider agreements with them to provide Continue reading ›

Two Considerations Before Providing Discounts to Medicare Patients

February 3, 2026 | Little Health Law

Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Our clients often ask if they can provide discounts to patients who are in financial need, especially if the patients are on Medicare. Providing discounts to patients can carry substantial legal risks, so it is important to be compliant before providing such discounts. This blog covers two considerations that providers and practices should consider before offering discounts to patients who are on Medicare. If you need assistance setting up a compliant arrangement to offer discounts to patients or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Consideration: Federal Fraud and Abuse Laws Can Prohibit Providers from Offering Discounts to Medicare Patients

Although providers may want to provide discounts to patients who are in financial need so patients can get the care they need, federal fraud and abuse laws prohibit certain kinds of discounts that may be seen as a way to induce patient referrals or steering patients to a particular provider. The Anti-Kickback Statute (“AKS”) prohibits providers from giving anything of value, including free or otherwise discounted services or a routine Continue reading ›

Two Considerations When Potentially Disclosing a Criminal Matter on a Licensing Application

January 29, 2026 | Little Health Law

Our healthcare law firm works with many healthcare providers who are applying for a new license with a medical board or who are renewing their current license with a medical board. A question that comes up is whether they need to disclose a criminal matter in their application. This blog covers two considerations that healthcare providers should consider when they potentially need to disclose a criminal matter on a licensing application. If you need assistance disclosing a criminal matter on a licensing application or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Consideration: Review the Questions in Your Licensing Application to Determine What Actually Needs to Be Disclosed.

Licensing application questions typically do not require healthcare providers to disclose every kind of offense, such as speeding tickets, but disclose certain kinds of offenses. Some questions require providers to disclose arrests, while other questions require providers to disclose Continue reading ›

Georgia Limitations on Mid-Level Providers Ordering, Administering, and Dispensing Drugs

January 27, 2026 | Little Health Law

Our healthcare and business law firm advises many medical practices on compliance matters. One question our clients often ask us is how a medical practice can properly order, administer, and/or dispense medications to its patients. When a mid-level provider (such as a nurse practitioner or physician assistant) is the practitioner on site who is prescribing and ordering, the rules are different from when a physician is on site prescribing and order. This post discusses some considerations before a mid-level provider orders, administers, or dispenses drugs to patients in Georgia. If you would like to discuss compliance considerations for your medical practice, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Although there is an ability for physicians to dispense to patients after notifying the medical board (Ga. R. & Regs. § 480-28), this does not extend to nurse practitioners or physician assistants. The rules allowing “practitioners” in Georgia to dispense define a practitioner as “a person licensed as a dentist, physician, podiatrist or veterinarian . . .”; the definition does not include mid-level providers. Additionally, under Continue reading ›