Establishing a medical spa involves navigating a myriad of legal challenges. Failure to address these pitfalls can lead to costly penalties and operational shutdowns. Below are the key pitfalls to avoid:
Ignoring Ownership Requirements
California’s Corporate Practice of Medicine (CPM) doctrine mandates that only licensed medical professionals can own and control medical spas. Non-compliance with this rule can result in significant legal repercussions.
Poorly Drafted MSO Agreements
Improperly structured Management Services Organization (MSO) agreements can blur the lines between administrative and medical roles, violating state regulations. Clearly defining the responsibilities of the MSO is crucial.
Inadequate Licensing and Permits
Medical spas must obtain proper licenses, including those for medical devices like lasers. Operating without these licenses can lead to heavy fines.
Neglecting HIPAA Compliance
Failure to safeguard patient information can result in HIPAA violations, leading to steep penalties and damage to your reputation.
At the Law Office of Kris Mukherji, we help clients navigate these complexities and establish legally sound medical spas. Contact the Law Office of Kris Mukherji at www.kmsdlawoffice.com to learn how we can assist with your legal needs.