Improving Your Practice

3 Steps to Avoid Professional Boundary Violations

August 21, 2024 | Little Health Law

Our healthcare and business law firm works with many providers as they undergo investigations, discipline, and/or hearings before the provider’s licensing board. Over the years, our firm has been able to determine which situations licensing boards find particularly worrisome. Boundary violations are often one of those situations that boards are particularly concerned with. This blog post outlines three steps for avoiding boundary violations. If you need assistance with a licensing board matter 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.

Boundary violations discussed in this blog post include inappropriate relationships between provider and patient, which could involve romantic relationships or providing care to and writing prescriptions for immediate family members. Here three steps to avoid boundary violations.

First, know your licensing board’s rules!

These rules will explain boundaries that you, as a provider, must always maintain. For instance, Continue reading ›

3 Key Facts About the FTC Non-Compete Rule

June 20, 2024 | Little Health Law

Our healthcare and business law firm guides many medical practices and physicians through employment matters. At this point, most people are aware that the Federal Trade Commission (“FTC”) published its final non-compete rule on April 23, 2024. As of the date of this blog post, the rule is expected to become effective on September 4, 2024. There are legal challenges against the rule, including Ryan, LLC v. FTC in the U.S. District Court for the Northern District of Texas and ATS Tree Services, LLC v. FTC in the U.S. District Court for the Eastern District of Pennsylvania. The judges in both cases anticipate making some decisions in each case within the next few weeks, which will provide more information about whether the rule will become effective on September 4, 2024. It is important, however, that businesses begin gathering necessary information for counsel to review, such as all employment agreements, independent contractor agreements, and employee handbooks, now so that business are able to comply with the FTC rule if it becomes effective on September 4, 2024. If you need assistance preparing for and complying with the FTC rule 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@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

In addition to the above information about key dates and current legal challenges, below are three key facts about the FTC non-compete rule as it is currently written:

The rule limits non-competes both prospectively and retrospectively. Prospectively, the rule prevents employers from entering into non-competition clauses after the effective date. Retrospectively, it prevents employers after the effective date from enforcing non-competes that it previously entered into (and requires the employer to provide notice of the same).

What does the rule mean by stating that an employer may not “enforce” an existing non-compete? This is broadly construed to mean that the employer may not do things like initiate a lawsuit, send a demand letter, or even remind the worker of his or her non-compete obligations during an exit interview.

The IV Hydration Position Statement by the Georgia Board of Nursing

June 14, 2024 | Little Health Law

Our healthcare and business law firm works with many medical spas to ensure compliance with state and federal laws, rules, and regulations. This week in Georgia, the Georgia Board of Nursing published two long-awaited position statements; one on “Cosmetic/Aesthetic Procedures,” and the other on “IV Hydration.” This blog post discusses the Nursing Board’s position statement on IV Hydration. Even if your practice is not in Georgia, it is helpful to consider the perspective of different states because state licensing boards will often consider other published positions when developing policies and positions. If you need assistance understanding how either position statement impacts 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@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Prior to discussing the substance of Nursing Board’s position, here are some important points: Continue reading ›

Weight Loss Guidance For When Your State Has No Weight Loss Statute

May 23, 2024 | Little Health Law

Our healthcare and business law firm works with many providers and medical practices to ensure compliance with state and federal laws, rules, and regulations for given procedures, treatments, and prescriptions. A hot topic and sometimes controversial category of drug right now is weight loss drugs (also called weight management drugs). A provider should generally prescribe a drug or treatment pursuant to a patient-provider relationship when the drug is medically necessary and appropriate, but some states have laws and rules specifically governing prescribing weight loss drugs. If your state has rules or guidance on prescribing weight loss drugs, it’s important, of course, to follow that guidance. Unlike our firm’s look into Florida’s weight loss statute, blog post available here, this blog post examines what to consider when a state does not have specific weight loss rules by using Georgia as an example. If you need assistance understanding your state’s guidance on weight loss treatments 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@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

If your state has no specific weight loss statute, such as the statute we previously examined in Florida, where do you turn? Below is an idea of where to start:

Are There Relevant Statutes or Rules?

Three Common Requirements for Physician Assistant (PA) Supervision

May 8, 2024 | Little Health Law

Our healthcare and business law firm works with many providers and medical practices to ensure compliance with state and federal laws, rules, and regulations. Mid-level providers, such as physician assistants (“PAs”) and nurse practitioners, are widely used, and they help expand the provision of medical care and services. States differ on the amount of oversight that is required for PAs to practice. This blog post outlines possible requirements that may be present in your state for PAs to practice under physician supervision, using Georgia as an example. If you need assistance understanding your state’s guidance on mid-level supervision and delegation requirements 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 Georgia, the rules governing PAs and their supervising physician include the following:

First, the Supervisory Relationship Must be Established:

Under Georgia Rule 360-5-.03, in order to supervise a PA, a supervising physician must submit an application to the Board that must be approved by the Board before delegating tasks. On the flip side, upon termination of the supervisory relationship, the PA and physician must give notice and date of termination. Continue reading ›

3 Considerations Before Offering Ozone Therapy at Your Med Spa

April 18, 2024 | Little Health Law

Our healthcare and business law firm works with many providers and medical practices to ensure compliance with state and federal laws, rules, and regulations for given procedures, treatments, and prescriptions. Providers have differing opinions on the use and efficacy of certain treatments. One such treatment is Ozone therapy. This blog post outlines considerations prior to introducing Ozone therapy to your medical and wellness practices’ offerings. If you need assistance understanding the full realm of considerations governing ozone therapy 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.

Consider the Food and Drug Administration’s Regulations

21 C.F.R. 801.415 is a regulation of the Food and Drug Administration (“FDA”), which provides: “Ozone is a toxic gas with no known useful medical application in specific adjunctive, or preventative therapy.” Further on the regulation provides: “A number of devices currently on the market generate ozone by design or as a byproduct. Continue reading ›

Common Professionalism Concerns for Healthcare Professionals

April 10, 2024 | Little Health Law

Our healthcare and business law firm assists many physicians and other healthcare professionals who are dealing with professionalism concerns. Concerns can be identified by employers, licensing boards, professionalism societies, or even all three at once. Over the years, our firm has helped providers deal with various professionalism concerns identified by their employers and/or licensing boards. This post identifies some of the most common concerns we have seen. The goal of this post is to provide useful information that healthcare professionals can use to make more informed professionalism decisions. If you need assistance dealing with a professionalism concern 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.

Social Media Use

Inappropriate social media use is a big problem for all professionals. Given, however, the sensitive and confidential information surrounding all aspects of a healthcare professional’s job, all information shared online should be heavily vetted. Continue reading ›

3 Steps to Prepare for a Meeting with Your Medical Board

March 29, 2024 | Little Health Law

Our healthcare and business law firm often assists physicians and other providers in obtaining and maintaining licensure. Sometimes, either because of a complaint or other process, the medical board or other professional licensing board will request to meet with someone they license. Usually, this is because the board has some concern about the licensee. This post outlines three steps for preparing for such a meeting. If you need assistance preparing for a meeting or interview with your licensing board 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.

Step 1: Consult Your Health Law Attorney

There are many reasons for this. Your health law attorney uses his or her experience with licensing boards to strategize your approach. Your attorney can also work with the licensing board to gain further insight into what the board is concerned with. This can be invaluable in helping you prepare.

Step 2: Take Steps to Alleviate the Board’s Concerns

Can You Create a Patient-Provider Relationship Through Telemedicine?

March 12, 2024 | Little Health Law

Our healthcare and business law firm works with many physicians and other providers with their medical practices, including integrating telemedicine services into their practice and/or creating a full telemedicine practice. The telemedicine laws and rules have gone through major changes since the COVID-19 Pandemic, and the laws and rules continue to be in a state of flux. The federal rules govern prescribing controlled substances, but the majority of telemedicine rules are governed by state law. Generally, before a provider can prescribe any drug, the provider must have an established patient-provider relationship. An open question in many states we’ve researched is-Can you create a patient-provider relationship through telemedicine? This post dives into this question, with a focus on Georgia rules. If you need assistance integrating telemedicine into 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.

Each state is going to answer this question differently. Let’s dive into the rules in Georgia as an example of how to think through this question. Continue reading ›

3 Key Provisions of the Management Services Agreement (MSA) for CPOM-Conscious MSO Arrangements

January 17, 2024 | Little Health Law

nurses-and-docs-e1681928313827 Our healthcare and business law firm often represents medical practices, including primary care practices, specialty practices, and med spas, in the initial set up phase of their practice. Whether a Management Services Organization (“MSO”) is necessary or advisable for your practice usually requires a detailed review of your business structure and state laws. If an MSO is advisable for your practice based on the Corporate Practice of Medicine (“CPOM”) doctrine in your state, this post provides 3 key provisions that should be within your Management Services Agreement (“MSA”). If you have medical practice set up or MSO questions 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.

As discussed in previous blog posts, including 2 Facts About Management Services Organizations (MSOs) and Med Spas, Management Services Organizations can be useful in CPOM states to provide all non-medical functions of the business while contracting with the Physician Entity to provide all medical functions. The MSA that outlines this agreement is typically a lengthy and involved document, but here are three key provisions that should be contained within the agreement: Continue reading ›