Improving Your Practice

Medical Spa Series: Using an Esthetician

October 31, 2022 | Little Health Law

Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa. Medical Spas have been growing in popularity across the country. Medical Spas are unique practices in that they involve many medical and non-medical procedures. There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup. This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This post in the Georgia Medical Spa Series focuses on the use of an Esthetician in a medical spa. If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us 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.

Esthetician

The use of an esthetician in a medical spa is more limited than many of our clients think before coming to us. Continue reading ›

Medical Spa Series: Using a Physician Assistant

October 28, 2022 | Little Health Law

90-–-Inject-inside-the-lines-GettyImages-853429570-e1666985896795 Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa. Medical Spas have been growing in popularity across the country. Medical Spas are unique practices as they involve many medical and non-medical procedures. There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup. This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This post in the Georgia Medical Spa Series focuses on the use of a Physician Assistant in a medical spa. This post does not discuss the restrictions governing a Physician Assistant owning a medical spa or employing his/her supervising physicians. If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us 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.

Physician Assistant

A Physician Assistant (“PA”) is an individual “who is licensed to a supervising physician and who is qualified by academic and practical training to provide patients’ services not necessarily within the physical presence but under the personal direction or supervision of the supervising physician.” O.C.G.A. § 43-34-102(7). O.C.G.A. § 43-34-106 requires practices using PAs to post a notice that the practice is using a PA.

Most clients of our healthcare and business law firm need to know what exactly each licensed professional they employ can and cannot do. Below is an overview of some basic activities and how a PA can be involved: Continue reading ›

Georgia Medical Spa Series: Corporate Practice of Medicine Doctrine

October 25, 2022 | Little Health Law

OIP-e1666730751982 Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa. Medical Spas have been growing in popularity across the country. Medical Spas are unique practices in that they involve many medical and non-medical procedures. There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup. This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This first post in the Georgia Medical Spa Series focuses on the amorphous Corporate Practice of Medicine Doctrine. If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us 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 is the Corporate Practice of Medicine Doctrine?

The Corporate Practice of Medicine Doctrine is easy to understand because it makes sense. Essentially, the doctrine is the answer to the question: “Do we want businesses influencing providers in their medical decision making?” The answer is, of course, no. Continue reading ›

Tennessee State Telemedicine Rules

September 2, 2022 | Little Health Law

Our healthcare and business law firm previously published a blog post on the federal telemedicine rules. Both Federal and State rules govern the provision of telemedicine. Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules, insurance codes, and when applicable, Medicaid rules. This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Tennessee. This post does not discuss telemedicine prescribing rules or Medicaid rules. If you have questions about telemedicine 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.

Tennessee Rules

Telemedicine is authorized in Tennessee and the rules governing telemedicine are found in the Tennessee Code and Tennessee Rules and Regulations. Below is an overview of requirements currently in Tennessee governing the practice of telemedicine. Continue reading ›

Texas State Telemedicine Rules

July 8, 2022 | Little Health Law

how-telehealth-regulation-changes-are-making-care-more-accessible-722x406-1-e1657306723291 Our healthcare and business law firm previously published a blog post on the federal telemedicine rules. Both Federal and State rules govern the provision of telemedicine. Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules, insurance code, and when applicable, Medicaid rules. This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Texas. This post does not discuss telemedicine prescribing rules or Medicaid rules. If you have questions about telemedicine 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.

Texas Rules

Texas’ rules governing telemedicine are found in the Texas Administrative Code and Texas Occupational Code. Below is an overview of some requirements currently in Texas governing the practice of telemedicine. Continue reading ›

Georgia State Telemedicine Prescribing Rules

July 7, 2022 | Little Health Law

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Our healthcare and business law firm previously published a blog post on the federal telemedicine rules and the general Georgia telemedicine rules. Both Federal and State rules govern the provision of telemedicine. Each state’s rules governing telemedicine are different, and there are specific rules around prescribing medicine from a telemedicine visit. A previous post provided an overview of Georgia’s telemedicine rules. This post focuses specifically on Georgia’s telemedicine prescribing rules. If you have questions about telemedicine 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.

Georgia Telemedicine Rules for Prescribing

The general restrictions on prescribing via telemedicine is with (a) pain management and (b) controlled substances. As such, if the requirements to allow telemedicine are met, the provider can prescribe any medically necessary medications therefrom. The restrictions come into play if those medications are controlled substances. Continue reading ›

Alabama State Telemedicine Prescribing Rules

July 1, 2022 | Little Health Law

blog-2-lede-photo-e1656706231616 Our healthcare and business law firm previously published a blog post on the federal telemedicine rules. Both Federal and State rules govern the provision of telemedicine. Each state’s rules governing telemedicine are different, and there are specific rules around prescribing medicine from a telemedicine visit. A previous post provided an overview of Alabama’s telemedicine rules. This post focuses specifically on Alabama’s telemedicine prescribing rules. If you have questions about telemedicine 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.

Alabama Rules on Prescribing Based on a Telemedicine Visits

A physician may prescribe medications via telemedicine so long as it would otherwise be authorized under applicable state and federal law. All telemedicine services provided must comply with all federal and state laws and regulations applicable to such services, including HIPAA, and the physician must take reasonable precautions to protect the privacy and security of all verbal, visual, written, or other communications involved therein. Ala. Code § 34-24-705. Continue reading ›

Before You Voluntarily Surrender Your State Medical License Part II: Consider That Your ABIM Board Eligibility or Board Certification May Be At Risk

April 8, 2022 | Little Health Law

Medical-License-e1644515318522 For various reasons, licensed medical providers may choose to voluntarily surrender their state medical license. Earlier this year, our healthcare and business law firm blogged about the repercussions of voluntarily surrendering a state medical license on the physician’s Medicare enrollment. Our firm recently had success in challenging a Medicare MAC’s decision to revoke a client’s Medicare enrollment based on a voluntary surrender of a medical license, resulting in the rescission of the revocation decision. Another usually unexpected repercussion may also be ineligibility for Board examination or loss of Board Certification status. Losing board certification or being found ineligible for board certification is a serious matter with potentially far-reaching adverse consequences. This post outlines the American Board of Internal Medicine’s (“ABIM”) eligibility rules and steps to challenge such a decision. If you have questions regarding this blog post or wish to discuss an adverse decision by the ABIM or strategize ways to overcome an adverse decision, you may contact us 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.

Federal Telemedicine Rules

March 21, 2022 | Little Health Law

4-e1647895403919 Many of our healthcare and business law firm’s clients have an interest in offering a practice that offers more flexibility to patients when it comes to in-person versus virtual visits. Deciding to offer telemedicine visits to your patients not only requires acquiring a video product that satisfies HIPAA and other privacy requirements but requires compliance with numerous laws at the state and federal level. This post analyzes potentially relevant federal laws and rules that currently apply during the Public Health Emergency (“PHE”). A subsequent post will provide an overview of state law considerations. If you have questions about telemedicine 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.

State laws provide the majority of laws and regulations governing telemedicine visits. There are, however, two potentially relevant federal rules that a medical practice should consider before offering telemedicine: Medicare rules and the Ryan Haight Act. Continue reading ›

3 Compliance Questions to Ask Before Opening a Medical Spa as a Non-Physician

March 15, 2022 | Little Health Law

nurses-and-docs-300x240 We have seen a continued growth in the popularity of medical spas despite the hurdles presented by the COVID-19 pandemic. See Unpacking the Success Factors of the Medical Spa Industry During the Pandemic, Forbes (May 21, 2021). Medical spas present unique compliance challenges from determining whether certain aesthetic services are considered the practice of medicine in the state to whether non-physicians can own the practice. This blog post outlines 3 compliance questions every potential non-physician medical spa owner should ask. If you have questions regarding this blog post or need counsel navigating the complex rules and regulations for opening or operating a medical spa, you may contact us 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 procedures I plan to offer are aesthetic, so do I really need a physician involved?