Little Health Law Blog

Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Several of our clients have asked if they can administer ketamine for off-label use, especially for treatment-resistant depression. Ketamine has started being administered in psychiatric practices and ketamine clinics, and states are starting to respond to the proliferation of these ketamine clinics.

On March 31, 2026, our firm wrote a blog post about a bill in the Georgia General Assembly that proposed to regulate ketamine clinics. On May 12, 2026, Georgia Governor Brian Kemp signed this bill, meaning the bill is set to become law on July 1, 2026, unless the bill gives another effective date for certain portions of it. This updated blog post discusses the new law that will regulate ketamine clinics. If you are planning to administer ketamine in your practice, would like to set up a ketamine clinic, 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.

The new law, House Bill 717 (HB 717), will regulate facilities that administer “psychedelic-assisted treatment and therapy,” which includes ketamine that is administered intravenously. “Psychedelic-assisted treatment and therapy” is defined as any treatment or therapy using psychedelic, dissociative, or other related substances that can produce hallucinations or other similar feelings. The new law will also cover other treatments similar Continue reading ›

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 medical assistants to perform certain procedures within their med spa. Medical assistants have a defined scope of practice under state law, and having medical assistants perform procedures outside their scope of practice carries legal risk. This blog covers some main points about a medical assistant’s scope of practice, particularly in Georgia. If you are a medical assistant considering to open up a med spa, planning to hire a medical assistant 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.

Medical Assistants Are Able to Perform a Very Limited Amount of Medical Tasks Under Georgia Law, and Most Med Spa Services Are Not Within This Limited Amount of Medical Tasks.

The Georgia Medical Board’s regulations outline what medical tasks medical assistants can do. Under the regulations, physicians can delegate the following tasks to medical assistants: Continue reading ›

Our healthcare law firm works with many physicians and other providers who receive a notice of peer review action or investigation from their employer. Peer review actions can arise when employers reasonably believe that a physician or other provider has engaged in detrimental conduct or in conduct that may put someone in harm’s way, such as a patient. Our clients in these situations ask what they can do initially to respond to the peer review action. This blog covers several initial steps that physicians and other providers can take when they receive notice of investigation or a peer review action. If you need assistance responding to a peer review action from your employer 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 Step: Request and Review Your Employer’s Bylaws or Other Policies to Determine What Your Rights Are in Response to a Peer Review Action.

Employers normally have due process policies related to peer review actions, and these policies are usually Continue reading ›

Our healthcare and business law firm advises many mental health practices, telehealth providers, and licensed clinicians on regulatory compliance and practice structuring.  An increasingly common question we receive is whether a mental health practice can offer both licensed clinical services—such as psychotherapy or medication management—and non-clinical coaching services under the same roof.  The answer is generally, yes, but only if the two services are carefully and consistently distinguished in practice documents, communications, and clinical workflows.  This blog post explains why the coaching-therapy distinction matters and what practices must do to maintain it.  If you would like to discuss practice structuring for your mental health 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 Is the Difference Between Coaching and Therapy?

Psychotherapy and other licensed clinical mental health services are regulated services.  In Florida, for example, psychotherapy may be provided by a licensed clinical social worker, licensed mental health counselor, licensed marriage and family therapist, or a licensed physician or physician assistant operating within their authorized scope of practice.  These services are governed by professional licensing statutes, including Chapter 491 and Continue reading ›

Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. This blog post discuses which licensed professionals can draw blood in Georgia depending on the particular circumstance and the professional’s particular license. If you are planning to draw blood as part of your scope of practice, respond to a licensing dispute about drawing blood, 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.

Georgia law and regulations do not have clear rules on who can or cannot draw blood. Regarding blood donation centers, for example, phlebotomists must have the Continue reading ›

Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Our med spa clients in South Carolina ask what services they can legally provide at their med spa, especially Botox. This blog post discuses who can administer Botox in South Carolina. If you are planning to start a med spa in South Carolina, administer Botox in your 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.

Who Can Administer Botox Depends on Whether Botox Is Being Administered for Cosmetic or Non-Cosmetic Purposes.

The South Carolina State Boards of Dentistry, Medical Examiners, and Nursing issued a joint advisory opinion about administering neuromodulators, including Botox, for cosmetic and non-cosmetic purposes. The opinion discusses certain requirements to administer Botox. A practitioner must Continue reading ›

Our healthcare and business law firm advises many physicians and medical practices on Medicare compliance, including one of the most foundational questions a Medicare-participating provider must answer before offering a new service: is this a covered service? The answer has significant legal and financial consequences. This post walks through a framework for analyzing whether a service is covered under Medicare, why that distinction matters, and what options a provider has when a service may or may not be covered. If you would like to discuss Medicare compliance for 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) Why the Covered vs. Non-Covered Distinction Matters

As a Medicare-participating provider, you have agreed—through your provider agreement—to accept Medicare’s approved payment amount as payment in full for covered services. That means if a service is covered by Medicare, you generally cannot bill the patient a separate or higher fee for that same service. Doing so can result in severe penalties, including civil monetary penalties and exclusion from the Medicare program.

On the other hand, if a service is never a covered service, you are not bound by Medicare’s billing rates, are not required to submit a claim to Medicare, and can Continue reading ›