The Legal Dangers Physicians Face When Working with Third Parties

Physicians regularly work with businesses who want the doctors to use their products. To encourage physicians to choose their practice over competitor practices, vendors often offer incentives. [...]

Can the MSO Legally Brand the name of a Medical Clinic?

If you have a medical management company (MSO), you might be wondering, can your MSO brand itself with the same name as the medical clinic, and even license the name to the physician that owns [...]

Functional Medicine Wellness Practices Gain Legal Traction

Functional medicine wellness practices must answer to similar legal rules as medical practices in general – only we tailor our legal consults to the needs of the particular functional medicine [...]

MSO Gets Light Enforcement Touch by California Appellate Court Reviewing Management Services Agreement Legal Issues

MSOs (medical services organizations), or physician management and marketing companies, routinely come to us for legal advice about how to create and run an MSO profitably, in a compliant way, [...]

FDA Dietary Supplement Labeling Requirements: Comply or Die

FDA labeling is one of the most important regulatory requirements for dietary supplements in that it provides the consumer the necessary information on the product. Indeed, ensuring that all [...]

Is Buying a Medical Spa a Smart Move for a Medical Doctor?

You’re a licensed medical doctor, happy in your aesthetic medicine or plastic surgery practice, and you’re working part-time with a medical spa in a way that is increasing your income without [...]

Licensed ND Subject to Discipline for Offering “Shots” and Falsely Advertising Professional Services

A California investigation and disciplinary action against a California naturopathic doctors suggests how physicians can incur legal jeopardy when operating a medical spa, holistic healthcare [...]

Should Integrative Medicine Legal Standards Drive Physicians’ Risk Management Practices?

Physicians who incorporate complementary and alternative medical (CAM) modalities into their practice, or brand themselves as using integrative medicine, functional medicine, or similar [...]

Five Steps to Meet HIPAA Obligations and Privacy & Security Compliance

Is HIPAA compliance a mystery to you? What do you have to do for HIPAA, and when?

Is it illegal for audiologists to dispense PSAPs?

Is it illegal for audiologists to dispense PSAPs? More broadly – are disruptive technologies also exploding healthcare professionals’ ability to prescribe or recommend to their patients? I [...]

OTC drug marketing legal checklist: 5 legal strategy steps

For an OTC drug marketing legal checklist, 5 legal strategy steps can propel you to market.

Telemedicine Prescription and Distant Diagnosis Allowed? Read Telemedicine Laws Carefully – Interpretation Can Be Tricky

We know telemedicine is expanding, but are telemedicine prescription and distant diagnosis allowed under any given state legislative scheme? Sometimes the art of lawyering is the art of [...]

Transcendence: Is AI Energy Healing Feasible in the age of Superintelligence?

While I can't claim Marvin Minsky as a mentor I knew personally, his work did influence me--particularly his suggestion that the us v. them version of humans and robots (or AI) in the movies is [...]

“Medical director” creates enforcement red flags

"Medical director" creates enforcement red flags particularly when medical spas or health care ventures award the title willy-nilly. In this post, we discuss legal pitfalls and offer some legal [...]

Integrative medicine advertising legal review: does a flyer need legal review or just “wordsmithing?”

Integrative medicine advertising legal review: does a flyer need legal review or just "wordsmithing?"

“Terms of Use” to Limit Liability and Contract with Customers

Can healthcare and other startups creatively use Terms of Use to limit liability and Contract with Customers, creating clear expectations that manage their relationship with the end user?

Integrative medicine standard of care: an evolving legal rule

Kudos to integrative medicine consultant Glenn Sabin for his bold post on integrative medicine standard of care - suggesting that integrative health should be the standard against which [...]

FDA Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act: A brief overview

If you are a retailer, manufacturer, distributor, or importer of tobacco products, become familiar with the final rule by FDA Deeming Tobacco Products to be Subject to the Federal Food, Drug, and [...]

Digital health advances set healthcare law on edge

Digital health advances set healthcare law on edge because health tech develops exponentially while laws grow linearly.

Legal review of concierge medicine contracts is needed to handle regulatory issues & liability risks

Legal review of concierge medicine contracts is needed to handle regulatory issues & liability risks, as otherwise medical doctors opening concierge practices risk triggering all sorts of [...]