Carlos H. Arce, Esq. / Chase E. Howard, Esq.
Sustaining a healthcare business in today’s medical industry calls for both ongoing innovation and quite a bit of ingenuity. The question of what can be done to enhance patient retention while keeping patients interested and loyal to a practice comes down to what is legally permissible from a compliance standpoint. A prime example of value add for an existing practice are the benefits that patients in the geriatric population are often offered, everything from cardiologists, chiropractors, physical therapists, dentists, orthopedic, pulmonologists and most recently, to med spa services.
Vendor Status
Allowing specialists to treat patients in a practice has always been a form of benefit to patients. Assuming the patients require a medical service which is medically necessary, they are treated. The obvious key is making sure it is done legally. Under the federal and state self-referral laws, it is imperative to comply with certain exceptions when entering a referral arrangement between providers. The most accurate away to ensure legal compliance when offering specialist services in apractice is via the “Rental of Office Space” exception. Space is leased to the specialist on a basis which accounts for the guidelines, the specialist provides services, the insurance pays them or the patient pays them, and the patient receives rounded care.
But can this be done for elective procedures, such as MedSpa’s? The answer is yes. Most patients 18 and over are seeking additional elective medical procedures, from IV hydration to Botox. Primary care providers may be able and qualified to perform some of these services, but consideration must be paid regarding taking on the risk of performing services which may be outside of one’s wheelhouse.
Bringing in a med spa vendor who can provide services to an existing patient base sounds like a wonderful patient retention tool. If the legal parameters surrounding this arrangement are followed, providers not only can be legally compliant, but can also add a retention benefit to their practice.
Mobile MedSpa
With the push in healthcare to make services mobile, medspa owners may be wondering how to transport the business to conduct services elsewhere. The short answer is finding the right relationship to support the opportunity. Which services could a medspa offer on a “mobile” basis? The answer is, it depends. Generally, services provided in home to patients are allowable but might require a home health agency license depending on the services. Services provided at another clinical location, such as a primary care practice, require very little in the way of licensure. Specifically, a Medspa could send its providers to another location on a limited basis to service that practice’s patients so long as the providers are properly “supervised” and the patients are properly billed. The providers could utilize the other clinic’s physician for supervision, eliminating the need for any specialty supervision as required by Florida law and could utilize extended staff for patient intake, room prep, and check out.
The biggest hurdle for this arrangement would be the compensation arrangement, which, as described above, would require strict compliance with the law to ensure no illegal referral schemes or fee-splitting occurs.
Summary
With multiple MedSpa’s and Aesthetic clinics popping up through out the country, why not considering subleasing space rather than adding that additional unnecessary overhead. Some MedSpa’s will inevitably be better off treating in their private space, but that doesn’t mean it’s the only way these added services can be accomplished.
Are Essential Oils FDA-Approved?
The FDA does not regulate essential oils, just like it doesn’t regulate herbs or supplements. That means that there is no FDA approval for any essential oil.
It also means that there are no real regulations on the companies that produce essential oils. As long as they don’t market essential oils as if they are medicine or a cure for any issue, they can otherwise say what they like about the products.
But if they say that their product is FDA-approved to do something specific, that is incorrect and they are open to fines and could be shut down.
If your clinic or company sells essential oils, it is important to ensure that you remain in compliance with the law when it comes to marketing.
List of FDA-Approved Essential Oils
Because the FDA does not regulate essential oils, there is no such thing as a list of FDA-approved essential oils.
The FDA regulates cosmetics and drugs, so unless an essential oil is added to a cosmetic product or used in the creation of a medication, it will not fall under the jurisdiction of the FDA.
It’s important to note that it is illegal for an essential oil company or any purveyor to sell essential oils for medical use or as a treatment for any issue. The Federal Trade Commission regulates advertising claims and will intervene in the event that a company crosses the line or if there are complaints against the company.
Essential Oils in the GRAS Database
The FDA manages a database that houses a list of substances that have been determined to be “Generally Recognized as Safe.” There are some substances from which essential oils are made in this database along with a report.
For example, coconut oil is in the GRAS database, making it a safe base for essential oil products. It is important to note that the FDA has deemed all items on the GRAS list generally safe for consumption and that there is no toxic buildup for these items even when ingested in doses that are magnitudes larger than would be expected.
It does not necessarily consider their safe use topically. For example, clove oil is on the GRAS list and safe for consumption, but application of clove oil to the skin will cause inflammation, irritation, and a burning sensation.
Updating Your Essential Oil Marketing to Be Compliant With FTC & FDA Standards
The GRAS list is a continually expanding database to which more and more substances are added each month. New research is regularly done into the function of different essential oils topically and internally.
Florida Healthcare Law Firm can review marketing materials to ensure that they are in compliance with state and federal regulations and protect businesses from lawsuits brought by the government or civilly.
Contact us today to set up a consultation.
Medical Spa Requirements Florida
Medical spaslocal residents
Florida is home to many seniors who benefit from med spa services. And out-of-town guests often seek a spa day while on vacation in the state.
Around the world, the med spa market was estimated to be worth about $19.3 million in 2022. Its growth is expected to almost double by 2028.
Before opening a med spa, it’s important to know a little about what is allowed, who can own a medical spa, and how to stay compliant with Florida law.
Who Can Own a Medical Spa in Florida?
Florida law states that anyone can own a medical spa. The law requires that all services be provided by licensed medical professionals who have current certifications in the procedures they are providing.
Essentially, as long as the nonmedical personnel has no input into what services are provided to patients, how they are offered, or which clients receive what treatments, they can run the backend of the business without crossing legal boundaries.
Do You Need a Medical Spa License in Florida?
If a medical spa takes only cash payments (not insurance plans), the owner needs no other licensure in order to run the business.
However, it is essential that every medical provider on staff only perform procedures that are within their scope of practice. For example, if the person is doing microdermabrasion, they need to be licensed and certified to do so. The same goes for other common nonsurgical procedures, such as laser hair removal, injectable dermal fillers, and nonsurgical fat reduction.
What Are the Laws Regulating Medical Spas in Florida?
Yes, there are laws regulating medical spas in Florida, and those laws are frequently changed and updated. The problem with attempting to stay in compliance with the shifts in legislation is that it can become a full-time job on its own.
When trying to run a business and take care of clients, it is almost impossible to immerse yourself in changing medical law at the same time.
The good news is that there is support available that can ensure you keep up with changing regulations without sacrificing time and attention from your business to do so.
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