Articles Posted in Improving Your Practice

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nurse-practitioner-vs-primary-care-doctor-002-e1675797661360-300x141Our 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 ›

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1651676570_Transworld-May-Blog-Header950x460-e1686600049528-300x190Our 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

Continue reading ›

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4-300x169Our 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 ›

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nurses-and-docs-e1681928313827Our 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 ›

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HealthcareImage_062618-700x525-1-e1682709849274Our healthcare and business law firm often represents medical practices, including primary care practices, specialty practices, med spas, and IV hydration clinics, in the initial set up phase of the business.  Related to questions about the Corporate Practice of Medicine (“CPOM”), a common question we are asked is: “Do I need an MSO”?  This is not always an easy question to answer.  There are many reasons why an MSO may be a useful tool for your practice.  For instance, it may reduce the risk of violating your state’s CPOM doctrine, it may increase regulatory compliance, or it may assist you in exit planning.  This post specifically focuses on how MSOs may be useful in the context of the CPOM doctrine.  If you have medical practice set up or CPOM/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.

Two facts about MSOs and Med Spas:

Fact 1:     Most med spas and IV hydration clinics offer services defined as the practice of medicine and, thus if there’s a CPOM doctrine in your state, it’s likely triggered.

If you own a med spa or IV hydration clinic, I can almost guarantee you are offering services that are considered the practice of medicine. Continue reading ›

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nurses-and-docs-e1681928313827Our 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.  A main question we are asked is: What’s the Corporate Practice of Medicine (CPOMs) Doctrine and does it mean I have to have an MSO?  This is not always an easy question to answer.  The CPOM doctrine essentially encapsulates the following sentiment: We don’t want non-physicians, including corporations, practicing medicine so non-physicians cannot own medical practices.  There is quite a bit of nuance to add to that explanation, but that’s the main idea behind the doctrine.  This post provides 3 initial questions to consider relating to the CPOM doctrine.   If you have medical practice set up or CPOM 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.

Question 1: Am I practicing medicine?

This is not always an easy question to answer, even though common sense would say it should be.  Each state’s idea of what constitutes the practice of medicine is drastically different. Continue reading ›

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1651676570_Transworld-May-Blog-Header950x460-e1686600049528Our healthcare and business law firm often represents medical practices, including primary care practices, specialty practices, and med spas, in employment matters.  At some point, each medical practice deals with the situation where an employee becomes unable to perform due to an injury or prolonged illness.  For instance, an esthetician breaks her hand and can no longer perform essential services of her position.  Or a staff member has a serious illness that requires them to stay home for three weeks.  Our medical practice clients are always sympathetic and want to take care of their employees, but they also have to balance that interest against the interest of running a business.  That leads them to ask us: What should I do?  This post provides four considerations for a medical practice if an employee is unable to perform due to an injury or illness.  If you have employment 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.

  1. If the injury happened on the job, does your workers compensation policy provide a benefit? 

Workers’ compensation requirements differ state to state. Continue reading ›

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health-medical-e1680627379406Our healthcare and business law firm works with healthcare providers and businesses like  IV hydration therapy practices.  The IV hydration therapy industry has grown drastically over the past few years.  Some states and medical boards have developed laws and rules governing IV Hydration Therapy practices.  On August 15, 2023, the South Carolina Board of Medical Examiners, Pharmacy, and Nursing published a joint opinion on Retail IV Therapy Businesses.  The language used and sanctions referenced reveal that the South Carolina Boards are critically reviewing IV therapy businesses.  At one place in the 10-page opinion, the Pharmacy Board compared the “patient-drive menu” in many IV therapy practices “to a fast-food restaurant.”  Reading between the lines of the advisory opinion, it is likely each board will begin cracking down on IV therapy practices.  A full version of the Advisory Opinion is available here. We recommend you read the entire opinion if you have or are starting an IV therapy business in South Carolina.  This blog post starts our review of the Advisory Opinion and outlines whether IV therapy is the practice of medicine.   Forthcoming blog posts will dive deeper into different aspects of the opinion.  If you have a question about South Carolina’s rules 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.

  • What lead to this opinion?

After reviewing the opinion, it is clear that each South Carolina board believed this opinion necessary for four main reasons: Continue reading ›

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IV-Therapy-1-e1699043729176Our healthcare and business law firm works with healthcare providers and businesses to  IV hydration therapy practices.  The IV hydration therapy industry has grown drastically over the past few years.  Some states and medical boards have developed laws and rules governing IV Hydration Therapy practices.  In 2022, the Alabama Board of Medical Examiners (“Medical Board”) conducted an investigation into ten businesses advertising retail IV hydration therapy services.  The investigation revealed that many IV therapy businesses allowed unqualified people to treat patients.  Although IV therapy is relatively safe, there are still risks, such as harm to the patient’s kidney.  Because there were no rules or regulations directly governing IV therapy businesses, the Medical Board issued a declaratory ruling.  This blog post summarizes the Medical Board’s answers to three key questions relating to retail IV Therapy practices in Alabama.  If you have a question about the Alabama Medical Board’s rules 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.

  1. Is IV Hydration Therapy the Practice of Medicine?

Yes, “the diagnosis of the patient’s condition and the recommendation of IV therapy constitutes the practice of medicine.”  It is a Class C felony for a person to practice medicine or osteopathy without a medical license.

  1. Who can evaluate, diagnose, treat, and prescribe IV Therapy?

Continue reading ›

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laser-hair-removal-service-e1698438994608Our healthcare and business law firm works with healthcare providers and businesses to open cosmetic medical and wellness spas.  The medical spa entity has grown drastically over the past few years.  Some states and medical boards have developed laws and rules governing medical and wellness spas.  As medical and wellness spas continue to grow, we can anticipate more laws and rules governing medical and wellness spas.  On July 19, 2023, the Alabama Board of Medical Examiners (“Medical Board”) published changes to the rules governing the “Use of Lasers and Other Modalities,” which can be found in Chapter 540-X-11 of the Rules of the Medical Board.  The rule is broken down into many different categories.  This post provides an overview of the rule changes that are potentially applicable to medical spa practitioners.  If you have a question about the Alabama Medical Board’s rules 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.

Rule 540-X-11 “Guidelines for the Use of Lasers and Other Modalities Affecting Living Tissue” has been a rule in Alabama since 2007.  However, on March 16, 2023, the Medical Board passed changes and additions to the Rule, which became effective on July 17, 2023.  The deadline for compliance with the provisions is July 17, 2024.

Although the Medical Board made many changes, an important change to the rules is that these rules apply to many cosmetic lasers including cryotherapy, infrared lasers, radiofrequency micro-needling, Class III lasers that work on heat-based targeting of skin and collagen.  The Medical Board made many changes to Rule 540-X-11.  The Medical Board made many notable changes to the rule that may apply to med spa practitioners, including as follows:

Continue reading ›
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