Little Health Law Blog

Florida State Telemedicine Prescribing Rules

January 19, 2023 | Little Health Law

images 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 Florida’s telemedicine prescribing rules. Our firm previously posted an overview of Florida’s general telemedicine rules. Keep in mind that this post discusses the current laws as of the date written and do not include any changes to the laws after being posted. 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.

Florida Rules on Prescribing Based on a Telemedicine Visit

Florida is rather generous in its prescribing rules for telemedicine. Before July 1, 2022, the law restricted prescribing all controlled substances except for certain situations. Continue reading ›

Florida State Telemedicine Rules

January 12, 2023 | Little Health Law

MM-0220-Telemedicine-iStock-e1581381176331-1024x814-1-e1631301250783 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 or position statements, insurance code, and when applicable, Medicaid rules. This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Florida. 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.

Florida Rules

The Florida telehealth rules are set out in Florida Statute 456.47, which was modified in 2022 through Senate Bill 312. Florida allows a limited telemedicine license for those without a full medical license, but, in general, the same rules apply regardless of whether a provider has a full medical license or limited telemedicine license. Continue reading ›

North Carolina State Telemedicine Prescribing Rules

December 6, 2022 | Little Health Law

iStock-1014086596-1000x500-2-e1661804634296 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 North Carolina’s telemedicine prescribing rules. Our firm previously posted an overview of North Carolina’s general telemedicine 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.

North Carolina Rules on Prescribing Based on a Telemedicine Visit

North Carolina has yet to pass any laws on telemedicine, but the North Carolina Medical Board (“Medical Board” or “NCMB”) has published telemedicine policies available on its website, here. Below is an overview of some requirements currently in North Carolina governing prescribing practices from a telemedicine visit. Continue reading ›

North Carolina State Telemedicine Rules

November 21, 2022 | Little Health Law

4-e1647895403919 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 or position statements, insurance code, and when applicable, Medicaid rules. This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in North Carolina. 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.

North Carolina Rules

North Carolina has yet to pass any laws on telemedicine, but the North Carolina Medical Board (“Medical Board”) has published telemedicine policies available on its website, here. Below is an overview of some requirements currently in North Carolina governing the practice of telemedicine. Continue reading ›

Medical Spa Series: 2 Key Considerations in APRN Ownership of A Medical Spa

November 4, 2022 | Little Health Law

shutterstock_1440454943-scaled-1-e1667580931657 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 2 key considerations in an Advanced Practice Registered Nurse (“APRN”), such as a nurse practitioner, owning 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.

Corporate Practice of Medicine

Although surprising to most of our healthcare and business law firm clients, the corporate practice of medicine doctrine is not a major concern when analyzing how an APRN can properly own a medical spa. Continue reading ›

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 ›

Post 2 of 2: The Pretrial Diversion Program in Georgia: Answering Questions Relating to the Offense

September 29, 2022 | Little Health Law

QuackbustersandtheShockTroopsofMedicalMcCarthyism-e1664472813118 This is the second post in a series related to the Pretrial Diversion Program in Georgia. The first post provided an overview of the Pretrial Diversion Programs in Georgia and the potential impact on a successful participant’s criminal record. This post focuses on how successful completion may impact a participant’s responses to questions relating to the offense on employment, licensing, and credentialing applications. If you have questions regarding this blog post or need counsel relating to your professional responsibilities after an arrest or conviction, 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.

For clients who have been arrested and charged with an offense, the concern is how to answer offense-related questions on questionnaires while participating in and after completing a pretrial diversion program. Continue reading ›

Post 1 of 2: The Pretrial Diversion Program in Georgia: An Overview

September 26, 2022 | Little Health Law

ny-medicare-fraud-img-e1664218102664 Our healthcare and business law firm works with many providers and other professionals who have been arrested and charged with misdemeanors. Our clients will, of course, hire criminal defense counsel to handle the criminal proceedings but professionals generally hire our firm navigate the professional consequences of an arrest. Many of our clients are first time offenders who are presented with the option of participating in a pretrial diversion program. Whether to participate in such a program should be discussed with criminal defense counsel. This is the first blog post of two on this subject, and it focuses on providing an overview of the Pretrial Diversion Programs in Georgia and the potential impact on a successful participant’s criminal record. The second post will focus on how successful completion may impact a participant’s professional responsibilities thereafter responding to questions relating to the offense on employment, licensing, and credentialing applications. If you have questions regarding this blog post or need counsel relating to your professional responsibilities after an arrest or conviction, 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.

Eligible Offenders

Pretrial diversion programs are authorized under O.C.G.A. § 15-18-80. Thereunder, “the prosecuting attorneys for each judicial circuit . . . shall be authorized to create and administer a Pretrial Intervention and Diversion Program.” Each county may have different guidelines on who is eligible for a Pretrial Diversion Program and different requirements for successful completion. Continue reading ›