Articles Posted in Improving Your Practice

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.  They 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/or IV hydration clinic, and this medical spa 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 spas.

This post in the Georgia Medical Spa Series focuses on a newer treatment, nicotinamide adenine dinucleotide (“NAD+”), which is a newer treatment our clients have inquired about.  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.

1. NAD+ is a dietary supplement.

NAD+ is currently a dietary supplement (not an “approved drug” by the Food and Drug Administration (“FDA”)).  “The FDA generally does not approve dietary supplement claims or other labeling before use.”  Questions and Answers on Dietary Supplements, FDA.gov.  As such, it is on the manufacturer and distributor to “ensur[e] that the dietary supplements it manufactures or distributes are not adultered, misbranded, or otherwise in violation of federal law.”  Id.

2. NAD+ does not require a prescription in Georgia.

Continue reading ›

As a healthcare and business law firm, many of our clients come to us with questions relating to the proper ordering and management of controlled substances.  As such, we wanted to take this opportunity to point out a recent update to the DEA’s Practitioner’s Manual.

The Drug Enforcement Administration (DEA) recently released an updated Practitioner’s Manual on June 14, 2023.  This is the first updated version of the manual since 2006. The Practitioner’s Manual provides guidance for all DEA registrants handling controlled substances—including behavioral health centers and physicians—on compliance with the Controlled Substance Act (CSA) and DEA regulations. The Practitioner’s Manual can be found here.

Some of the most significant updates include the following:

Registration Requirements

Generally, every practitioner who dispenses, which includes by definition administering and prescribing, controlled substances in schedules II through V, must be registered with DEA.  To register or reregister as a practitioner, a DEA Form 224 or Form 224a, respectively, must be completed.  The manual includes clarifying information about how practitioners can order, use, fill out, copy, store, cancel, and return the DEA Form 222 used to order, distribute and transfer Schedule I and II controlled substances. The manual also incorporates the optional Controlled Substance Ordering System (CSOS) as a viable alternative to the paper Form 222. Continue reading ›

Our healthcare and business law firm works with many physicians in Georgia who are facing mental health and substance abuse difficulties.  Sometimes those difficulties bleed into work and can cause work and/or licensure issues.  Georgia offers an incredible resource dedicated to physician recovery in a way that protects Georgia citizens and minimizes career concerns for the physician—the Georgia Professional Health Program (“PHP”).  This post provides 3 Facts about the Georgia PHP.  If you are experiencing or are concerned about ramifications of a potential addiction or mental health disorder, in addition to seeking medical help, we recommend contacting an experienced attorney who can assist you through this difficult process and help minimize potential licensure and career impacts.  If you have questions regarding this blog post or would like to speak with counsel regarding physician licensure, 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.

1. The Georgia PHP was started in 2012

The Georgia PHP “is a nonprofit organization formed in 2012 to assist all licensees of the Georgia Composite Board of Medical Examiners and in 2022 the Georgia Board of Veterinary Medicine who develop potentially impairing conditions, mental illnesses, substance abuse and other addictive disorders.”  The Georgia PHP does not provide treatment, but, rather, conducts an initial triage, refers to in patient or outpatient treatment (if appropriate), and monitors the quality of the treatment.  The Georgia PHP’s #1 goal is to protect Georgia citizens.  It’s #2 goal is to advocate for Georgia physicians. Continue reading ›

Our healthcare and business law firm works with many providers and other allied health professionals apply for and obtain licensure in Georgia.  Holistic medicine has grown in popularity and accessibility, which has led to an increase in functional medicine practices around the country.  Relatedly, the practice of naturopathy also appeals to many consumers.  The question we are periodically asked is whether Georgia allows naturopathy practitioners to practice naturopathy in Georgia.  The post provides a general overview of the answer to that question.  If you have questions regarding this blog post or would like to speak with counsel regarding becoming licensed in Georgia, 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.

1950 Act Repealed in 1956

In 1950, Georgia established legislation allowing for licensing as a “naturopathic practitioner.”  However, after only six years, the legislation was repealed.  Thus, since 1956, there is no naturopathic license in Georgia.  Such practice may still be allowed, unless it is considered to wade into the waters of other licenses, which it is.

Practicing Naturopathy is Considered the Practice of Medicine

In an official opinion in 1981, the Georgia Attorney General’s Office issued an official opinion stating that naturopathy practice falls within the Georgia Medical Practice Act’s definition of “the practice of medicine,” and does not fall within any established exceptions.  Continue reading ›

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.  They 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 Medical Spa Series provides examples of common OSHA violations for medical practices.  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.

OSHA maintains a list of Frequently Cited OSHA Standards, which can be narrowed down by industry/NAICS code.  There is not a specific med spa code, but there is a code for health care and social assistance (NAICS Code 62). Continue reading ›

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.  They are unique practices in that they involve medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this medical spa 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 Medical Spa Series focuses on General OSHA standards.  The next post outlines the most common OSHA violations for medical practices.  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.

The Occupational Safety and Health Administration (OSHA) is part of the United States Department of Labor of Labor.  22 states have a OSHA-approved State Plans covering private sector and state and local government works, 7 states have OSHA-approved State Plans covering only state and local government workers, and the rest of the states operate under federal OSHA jurisdiction.  “State Plans,” OSHA.gov.  Georgia is under federal OSHA jurisdiction covering most private sector workers (not state and local government workers). Continue reading ›