Medical spas, like any business, require a lot of administrative work to get the operations up and running. However, due to their medical service offerings, med spas require additional legal foundations. If you are considering opening one, you should consult a med spa attorney on how to open a medical spa in your state of operation. Below are some key legal considerations to get you started.
Medical spas are required to use established patient information and consent forms due to their services. The paperwork will vary depending on each state as well as the preferences of each spa. Some information and authorizations that may be included on the paperwork are patient contact information, medical history, and privacy/HIPAA disclosures. Each medical spa should consult an attorney for guidance on drafting the consent forms.
Like other healthcare practices, medical spas will also be expected to follow HIPAA compliance, meaning the employees must protect patient confidentiality. Medical practitioners and estheticians should be trained and act according to HIPAA protocol. This even applies to before and after photos used to document services, so it is critical to understand the full extent of protection.
In order to operate in the state of California, a licensed physician must own the spa in order for medical services to be offered. This means that your business must follow the guidelines of both medical practices and spas. A med spa attorney can provide insight on what licenses must be obtained depending on the specific services your practice is offering.
Besides protecting its patients, a medical spa must also protect its employees. Med spas must abide by The Occupational Safety and Health Administration’s guidelines. One requirement is the completion of OSHA Form 300, which records the specifics of all injuries and illnesses occurring in the workplace. Due to the machinery and chemicals employees use in these settings, this paperwork is of the utmost importance.
Following health and safety regulations ensures better patient care and safety for employees. Med spas need to be compliant with the regulations in the state in which they are operating. Failure to comply can result in monetary penalties, and may even put the practice at risk of closure.
Aside from documentation and licensing, a medical spa may consult a healthcare attorney for guidance on the structure of their practice at large. Prior to opening, a med spa should determine the standard operating procedures and protocol in various situations. A medical spa attorney can provide a legal perspective on how to avoid common claims.
It is important to find a medical spa attorney who is equipped to handle your business from its conception to future growth. In addition to the initial start-up requirements, a medical spa will need ongoing consultation to stay up to date with the latest state and federal regulations.
At Fenton Law Group, we understand the ins and outs of establishing a compliant medical practice from pharmacies to hospitals to med spas. We work relentlessly to ensure each practice is legally protected, so that staff can have peace of mind and can focus on the day-to-day operations.
With the rise of medical spas, it is important that individuals seek legal guidance from an attorney they trust. Our team of medical spa attorneys will do their due diligence to truly understand your practice and cater to its unique needs. Fill out our contact form today to hear how Fenton Law Group can support you.