Legal Services for Allied Health Professionals (Dentists, Nurses, Psychologists)

According to 42 U.S.C. 295p:

The term “allied health professionals” means a health professional (other than a registered nurse or physician assistant)—

(A) who has received a certificate, an associate’s degree, a bachelor’s degree, a master’s degree, a doctoral degree, or postbaccalaureate training, in a science relating to health care;

(B) who shares in the responsibility for the delivery of health care services or related services, including—

(i) services relating to the identification, evaluation, and prevention of disease and disorders;

(ii) dietary and nutrition services;

(iii) health promotion services;

(iv) rehabilitation services; or

(v) health systems management services; and

(C) who has not received a degree of doctor of medicine, a degree of doctor of osteopathy, a degree of doctor of dentistry or an equivalent degree, a degree of doctor of veterinary medicine or an equivalent degree, a degree of doctor of optometry or an equivalent degree, a degree of doctor of podiatric medicine or an equivalent degree, a degree of bachelor of science in pharmacy or an equivalent degree, a degree of doctor of pharmacy or an equivalent degree, a graduate degree in public health or an equivalent degree, a degree of doctor of chiropractic or an equivalent degree, a graduate degree in health administration or an equivalent degree, a doctoral degree in clinical psychology or an equivalent degree, or a degree in social work or an equivalent degree or a degree in counseling or an equivalent degree.

Notwithstanding this federal law definition, state laws define the scope of practice for each allied health professional.  And states vary in terms of the breadth and depth of scope of practice.

For example, some states have mandatory licensure for some professions, and only title licensure for other allied healthcare professions. For example, in California, anyone can provide nutritional advice, so long as they do not practice “medicine” or use a licensed professional title.  California law requires that the practitioner giving nutrition advice, post this notice in a prominent place:

NOTICE

State law allows any person to provide nutritional advice or give advice concerning proper nutrition—which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.

Other states have stricter definitions.  For instance:

“Dietetics or nutrition practice” means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, and behavioral and social sciences to provide nutrition services that include: (A) Nutrition assessment; (B) the establishment of priorities, goals, and objectives that meet nutrition needs; (C) the provision of nutrition counseling in health and disease; (D) the development, implementation and management of nutrition care plans; and (E) the evaluation and maintenance of appropriate standards of quality in food and nutrition.

Healthcare ventures increasingly rely on allied health professionals to deliver patient care and support healthcare systems. While allied health careers bring tremendous value to health care services, their incorporation into business models like medical spas, telehealth companies, or mobile medical apps raises complex legal and compliance questions.

For example, consider a medical spa formed by a nurse practitioner and a physician. Legal challenges may arise, including:

• Patient care responsibilities: Who must conduct the initial “good faith” examination?
• Ownership structures: Who can own which part of the medical spa or professional corporation?
• Medical records: Who controls patient records and the intellectual property of the venture?
• Disputes: How are rights, responsibilities, and access to patient databases in EMRs allocated if the parties separate?
• Supervision requirements: What are the physician’s supervisory obligations, and how often must they be present?
• Entity selection: Should the clinical side operate under a professional corporation while administrative services run through an LLC or business corporation?
• Regulatory issues: How do laws on the corporate practice of medicine, fee-splitting, and scope of practice affect allied healthcare professionals?

Healthcare startups also face similar questions when deploying allied health personnel, such as physician assistants, nurses, or other health service providers, as frontline diagnosticians or triage professionals.

At Cohen Healthcare Law Group, we advise medical spas, telemedicine companies, diagnostic service providers, mobile health platforms, and other healthcare ventures on the strategic use of allied health professionals. Our healthcare lawyers help clarify scope of practice rules, allocate ownership interests, design compliant business structures, and mitigate regulatory risk, so your healthcare venture can thrive while staying legally protected.

Allied health professionals rely on Cohen Healthcare Law Group because of our specialized focus on healthcare law. Our team has in-depth knowledge of the regulations that govern allied health professions and the broader healthcare system. This specialized healthcare law knowledge allows us to anticipate the legal challenges allied healthcare providers often face, including those tied to scope of practice, telehealth expansion, and patient care obligations.

We also deliver tailored legal solutions that reflect the diversity of allied health careers. Since allied health services vary widely, our attorneys craft legal strategies that match each practitioner’s unique needs.

Our proven track record shows that we have successfully guided many allied health professionals. It spans across those working in independent autonomous practice, within large health care systems, or in collaborative ventures with physicians and nurses.

Another reason allied healthcare providers trust us is our focus on risk management and compliance. We help allied health personnel prevent liability, protect patient care standards, and remain in compliance with federal and state healthcare regulations. Above all, we pride ourselves on being accessible and responsive, ensuring that healthcare providers receive timely, clear guidance as they navigate the complex world of healthcare law.

The legal challenges facing allied health professionals are as diverse as the professions themselves. Employment and contract issues are common, whether for medical assistants, dental hygienists, or athletic trainers working in health or related services. Clear contracts are critical to defining responsibilities, protecting allied health careers, and preventing disputes. Regulatory compliance is another significant area of concern, as allied health professionals must adhere to state licensing rules, health systems management requirements, and laws governing the scope of practice.

Liability and risk management also pose ongoing challenges. Allied health professionals diagnose and treat acute and chronic diseases, develop treatment plans, and support rehabilitation services, all of which carry potential legal exposure.

Our legal team develops strategies to minimize risk while ensuring that allied health services continue to promote disease prevention, health education, and optimum health outcomes. Finally, business and practice laws can create challenges for allied healthcare providers, especially when setting up healthcare businesses, handling intellectual property, or dealing with issues related to sharing fees and the corporate practice of medicine.