In today’s video, we address questions by clinical practitioners, like Medical Doctors, Chiropractors, Acupuncturists, and others, about providing services outside, beyond, different than their licensure.

Hi, I’m Michael H. Cohen, founding attorney of Cohen Healthcare Law Group. We help lots and lots of industry clients just like you watching this video to navigate this tricky health and wellness legal and regulatory terrain.

Here’s the scenario.

1. Client is a (fill in the blank): MD, DO, chiropractor, clinical psychologist, licensed social worker, acupuncturist, or some other licensee.
2. Client, the clinician, says: I’m creating a new venture to support individuals who have condition X. It might be weight loss; sleep medicine; freedom from addiction; women’s health; men’s health; behavioral issues; mood and mental health; anything else you can think about; spirituality.
3. Client is retired or wants to work outside or somehow, not exactly within what the license says they do.
4. Client asks a bunch of legal questions about the venture.

Let’s cut through, here’s three key recommendations.

1. Clinician wants to offer services that most likely fall under “health coaching,” which would mean that lots of people offer them without having any clinical healthcare licensure.
2. The fact that there’s no license for that particular thing, does not mean that anyone can offer the health and wellness services. You have to know his background, there are lots of laws prohibiting the practice of “medicine,” “psychology,” “chiropractic,” and much else, without a license.  A person without the proper license can run afoul of these. Thre are some legal umbrellas, like in California, SB577.
3. The real question is whether this clinician is on safer legal ground offering service X as part of their licensure or in the non-licensed category as a “health coach” by taking off their professional hat. Figuring out this puzzle depends on what their license says, what they want to do, and what claims they make in marketing their work. For example, let’s say the clinician uses diagnostic labels—like obesity, insomnia, eating disorder, depression, addiction—and so on, they increase their risk.

Generally, online programs that are educational in nature, that do not involve super-specific one-on-one advice, more likely fall into the category of information and not regulated clinical practice.  So, for example a series of videos or a course would be on safer legal ground than coaching (specially clinically) by audiovisual sessions.

We’ve guided lots of healthcare ventures through different variations on this model. We’re also familiar with FDA issues if say the health and wellness venture also brands, or even sells, dietary supplements, nutraceuticals, cosmetics, devices, or any product along with the health coaching services. We understand and advise our clients on regulatory risks as well as what you might normally think about, which is just the liability aspect.

Thanks for watching. Please contact us with your questions. We have helped lots of healthcare industry clients build their dream, and some of them have knocked it out of the park.  We look forward to working with you on your journey to success!