California Bill could Put non-Physician Owned MedSpas out of Business
April 16, 2008
URGENT UPDATE (4-16-08) AB 2398 COSMETIC REGULATION
(Submitted by Norman C. Davis, Esq.)
The Business & Professions Committee of the State Assembly held a bill hearing on April 9, 2008 at which time the proposed AB 2398 (Amended April 1, 2008) was presented to the Committee. Unfortunately, following a brief discussion and only a few minor changes made, the bill was approved by the Committee.
An amended draft of the bill was drafted on 4-10-08 and was approved by the Assembly Judiciary Committee on April 15th. The bill will now go to the full Assembly where it must be approved prior to May 31, 2008 in order to be sent to the Senate or it will die. Refer to the current attached draft.
This legislation is sponsored by the American Society for Dermatologic Surgery, and if passed will have a monumental impact on physicians, nurses, NPs , PAs and management companies involved in the aesthetic field. Physicians who are involved in aesthetic practices on a part-time basis must be on-site, providing direct supervision of delegated procedures, and must personally provide good faith exams on all patients prior to delegation. RNs will not be allowed to perform any procedures without the physician on-site unless the treatment is performed in a physician owned office with certain restrictions. Read more
Key Legal Issues for Medical Spas and Aesthetic Medical Practices
March 19, 2008
Key Legal Issues for Medical Spas and Aesthetic Medical Practices
Aesthetic medicine requires careful attention to the intersection of corporate practice of medicine, licensing, anti-kickback and fee-splitting considerations, and other legal and regulatory issues. This overview will help you better understand the legal implications of opening a medical spa.
United States: Botox® At the Mall? A Look At Medical Spas Under California Law
March 1, 2008
Medical Spas seem to be popping up all over these days. More and more Southern Californians, both men and women, view a Botox ® injection or laser hair reduction as a cosmetic treatment rather than as a medical procedure. Likewise, people are willing to obtain these services in the same settings they use for pedicures—in day spas or even in mall stores. Frequently, the operators of these medical spas are no more aware of the legal requirements that apply to their businesses than are their customers, as both the providers and consumers of the services see these services as esthetic in nature. But because California law defines many of the services that medical spas provide as the practice of medicine, there are numerous traps for the unwary spa operator. Read more
Physician Advertising
July 10, 2007
Physicians are certainly at a disadvantage when advertising compared to non-physician MedSpa owners. Many State medical boards severely restrict physician advertising. For example in California, physicians cannot “disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of or likely to induce, directly or indirectly, the rendering of professional services or furnishing of products in connection with the professional practice or business for which he or she is licensed.” This often means using anyone else’s “before & after” photos, discounts, coupons, etc..
If you are a physician, it is best to contact your own attorney for legal advice whenever you have questions about any aspect of your business especially advertising. For more information, contact the IAPAM.
Jeff Russell
www.IAPAM.com
IAPAM Aesthetic Medicine Resources
