Opening a medical spa in California can be a lucrative and rewarding endeavor. However, due to the state’s complex legal landscape, it’s essential to navigate the regulatory requirements carefully to ensure compliance and avoid costly pitfalls. At the Law Office of Kris Mukherji, we specialize in guiding medical professionals through the intricate legalities of forming and managing medical corporations and medical spas.
Understanding Ownership Requirements
California law mandates that medical services must be provided by licensed medical professionals. Ownership of a medical spa must therefore comply with the California Medical Practice Act, which restricts non-physicians from owning or controlling medical practices. Instead, a licensed physician must form a Professional Corporation (PC) to operate the medical spa, and non-physicians can only participate through a Management Services Organization (MSO).
Choosing the Right Business Entity
Forming a Professional Corporation is often the best choice for medical spas, as it aligns with California’s laws. The Law Office of Kris Mukherji can help ensure your corporation’s articles of incorporation and bylaws comply with California’s strict requirements.
Draft Comprehensive MSO Agreements
An MSO allows non-physicians to provide administrative services to the medical spa while the PC oversees medical services. These agreements must clearly delineate roles and responsibilities to avoid running afoul of the Corporate Practice of Medicine (CPM) doctrine.
Obtaining Proper Licensing and Certifications
Medical spas must comply with various licensing requirements, including obtaining permits for lasers and other medical devices. Non-compliance can result in hefty fines or shutdowns.
Protecting Patient Privacy
Medical spas must comply with the Health Insurance Portability and Accountability Act (HIPAA) to safeguard patient information. Implementing robust privacy policies is non-negotiable.
At the Law Office of Kris Mukherji, we can guide you through these considerations and more to help you establish a compliant and successful medical spa. Contact the Law Office of Kris Mukherji at www.kmsdlawoffice.com to learn how we can assist with your legal needs.