Like integrative clinical care centers and multi-disciplinary clinical practices (for example, practices utilizing a medical doctor and a chiropractor), medical spas raise unique legal issues when different healthcare providers are under a common umbrella.

Legal concerns include:

  • Anti-kickback
  • Fee-Splitting
  • Informed Consent Practices
  • Negligence (Malpractice)
  • Self-Referral

Medical spa arrangements typically require regulatory review to ensure compliance with relevant legal rules.

In addition, our medical spa lawyers can draft or review:

  • Board of Equalization or Sales Tax Issues
  • Clinical Protocols
  • DEA Issues (Controlled Substances)
  • Delegation of Services Agreement (to the Physician Assistant)
  • Financing and Financial Responsibility Forms
    • Business Associate Agreement
    • Notice of Privacy Practices
    • Other Compliant Forms
  • Informed Consent
    • Aesthetic Medicine Informed Consent
    • Botox Informed Consent
    • Microdermabrasion Informed Consent
    • Cosmetic Laser Informed Consent
  • Management Agreement
  • Medical Director Arrangement
  • Medical Records
  • Nurse Practitioner Written Collaboration Agreement
  • Nutrition Notice
  • Practice Forms and Disclosures
  • Other Legal Documents for a Medi-Spa

Custom-Tailored Informed Consent Forms

Our lawyers draft specific informed consent forms for each kind of therapeutic procedure, so that our forms are tailored to the client’s practice. Our informed consent forms typically will address:

  • Benefits of Therapeutic Modality
  • Disclaimer
    • Regarding Level of Medical Acceptance
    • Regarding Necessary Supplemental Approaches (for example, diet and exercise as part of a weight loss program)
    • FDA Approval (devices; supplements; approaches)
  • Distinction Between Primary Care and Specialist (CAM) Care
  • Assumption of Risk Language
  • Risks and Complications
  • Alternatives
  • Claims; Guarantees

Our custom-tailored informed consent forms can address therapies such as:

  • Bio-identical Hormones
  • Energy Medicine
  • Integrative and Functional Medicine
  • Telemedicine

Helpful Resources

Management services model for medical spas: legal issues

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