IV Therapy & Wellness Clinics Compliance & Structuring
Like any business that provides services to patients and potentially involves a practice of medicine, the IV therapy and wellness clinic industry is closely regulated. An experienced medical spa practice lawyer at Innova Health Law helps you understand these regulations and structure your business in a way that follows them.
The IV therapy and wellness clinic market has been growing exponentially in recent years, as there are low barriers to entry. While the words therapy and wellness may not invoke the practice of medicine to some, it is entirely possible that these clinics could involve some aspects of medical practice. You must structure your clinic business in a way that allows you to comply with all regulations.
You can gain valuable insight and meet a potential partner for your business when you schedule a free discovery session with a medical spa attorney at Innova Health Law. We can spot issues that can affect your business and help you remain on the right side of the numerous rules and regulations that may apply to your IV therapy and wellness clinic.
When you are structuring or building an IV therapy and wellness clinic, you must pay careful attention to certain issues. There are individual state rules that may govern these clinics, along with regulations that apply to the practice of medicine. You could end up with a medical practice inadvertently. An experienced medical spa lawyer can assist you, both at the outset of your business and helping you remain in compliance with laws while you are operating it.
Does IV Therapy Involve the Practice of Medicine?
Whether an IV therapy or wellness Clinic involves the practice of medicine is a matter of state law. There are some states that explicitly make these businesses subject to laws governing medical practice. In other states, whether these clinics are medical practices depends on the services that are provided.
The firm rule that may apply across each state is that an IV therapy and wellness clinic could involve the practice of medicine if the following is done:
- A patient’s medical condition is diagnosed, evaluated or treated
- Medications or fluids are prescribed based on the individual patient’s health condition
It is essential that you understand the laws in each state in which you propose to do business because they may be different. Drawing any assumption about laws in the state because the rules are that way in another jurisdiction can land your clinic in trouble.
Pay Close Attention to Your Ownership Structure
In addition, the ownership structure must be carefully considered so as to remain in compliance with the law. To the extent that the clinic is providing medical services, those aspects of the clinic must be owned by a physician. Anyone else who provides services cannot have ownership, nor can they be paid a percentage of the revenues. It is acceptable for a non-physician to own the parts of the clinic that do not provide medical services. If a clinic wishes to enter into a management services organization agreement, it must be structured in a way that properly pays the MSO and avoids the unauthorized corporate practice of medicine.
Establish a Compliant Supervision Structure.
Any governing documents must specify a supervision structure to prevent the unauthorized practice of medicine. Again, states may dictate which types of employees are able to administer IV treatments. There should be standing orders that dictate who can provide what services, although these orders cannot be written too broadly. Nonetheless, if the clinic contracts with independent providers, they must still maintain their own discretion and ability to make decisions about patient care.
The orders must determine who has the ability to prescribe fluids and IV treatments. Registered nurses and other unlicensed staff should not have this ability. There must also be strict protocols to guide nurses in their administration of IV treatments. These protocols must be approved by a licensed physician. However, there must still be room for individualized patient assessment, which cannot be written out of protocols.
There are numerous red flags for regulators that may be present in IV therapy and wellness clinic documentation that should be avoided. These include:
- The clinic could be deemed in medical practice, and it could be owned by a non physician
- There may be a physicians on staff, and they may not be adequately supervised
- Owners could be engaging in fee splitting if they receive a percentage of revenue, and they are not a physician
- So-called independent providers are subject to strict controls, or they must adhere to productivity quotas
Contact a Medical Spa Practice Law Firm Today
Protect your IV therapy and wellness clinic business by consulting with a medical spa practice attorney at Innova Health Law. We can assist you in anticipating potential compliance issues and structuring your business in a way that addresses them. Schedule a free case discovery by filling out an online contact form or by calling us today at (281) 936-9904.