Legal Issues

Legal Issues: Botox Parties

What you need to know before hosting an off-site event that includes medical aesthetic treatments.
MedEsthetics July/August 2019

One thing I love about the medspa industry is that medspa owners and providers continue to innovate in their marketing, branding and businesses. This is also one reason it’s difficult to keep track of what’s legal in the medical aesthetic industry—many of the ideas we are asked about are brand new. They’ve never been tested before, and therefore it can be a challenge to determine where the legal constraints are.

Online Privacy Legislation

California’s new Consumer Privacy Act: What you need to know.
MedEsthetics October 2018 Legal Issues

new California law, the California Consumer Privacy Act of 2018 (CCPA), may affect how you do business—even if your facility is not based in California. The law, which raced through the state legislature in June and was signed by Governor Jerry Brown almost immediately, is the first statewide legislation in the United States that not only applies to California businesses, but to any business that engages and sells services to California consumers online.

Lend Me Your Name

Know the risks and rules before signing on as a medspa medical director.
MedEsthetics September 2018

The medspa industry has seen explosive growth over the past decade, thanks to increased public awareness of the many more affordable and effective medical aesthetic treatments now available. This has led to an influx of entrepreneurs seeking physicians who will join them in the medspa business by lending their expertise, their names and/or their medical licenses so they can offer these in-demand procedures. In addition, the medspa business model has become an attractive option for many “non-core” physicians looking for more lucrative, rewarding and flexible work environments.

Legal Issues: Off-Label Uses

Legal, ethical and informed consent considerations when using products off-label.
MedEsthetics May/June 2018

Using pharmaceuticals “off-label”—that is, in ways that are not specified by the United States Food and Drug Administration (FDA)—is technically legal but somewhat controversial in aesthetic medicine. Decisions regarding off-label usage should be based on current standards of care, the best interest of the patient, and your own training and expertise within the medical field. Following are some important points to consider when examining the off-label use of prescription products in your practice.

Parallel Importation

Recent court rulings may be opening the door for the importation of FDA-approved drugs from abroad.
MedEsthetics Legal Issues Nov/Dec 2017

Operating a medical aesthetic practice is expensive, and profit margins can be precarious, particularly when a business is in its beginning stages. It’s no surprise, therefore, that practice owners are always on the lookout for ways to save money. Some do this by engaging in a practice known as parallel importation—importing non-counterfeit products from another country—which allows them to save money on brand name drugs. As tempting as it sounds, parallel importation is illegal, but the grounds on which these laws were passed are shifting.

Practice Management: Informed Consent for Online Content

Practices that share procedure videos and outcomes online must obtain the proper consent and permission from patients.
MedEsthetics Legal Issues September 2017

All types of businesses need an online presence to remain competitive and reach potential customers. This is especially true for medical practices that offer elective cosmetic treatments. Prospective patients seeking aesthetic enhancements typically first turn to the Internet for information and education. Practitioners who share procedure videos, patient testimonials and blog posts with before-and-after images on the latest treatment modalities are often rewarded with increased bookings.

Practice Management: Anatomy of a Laser Contract

Understanding the key provisions of a laser contract can help you in your purchasing decisions.
Understanding Laser Contracts

Laser treatments have become a staple of the medical aes­thetics industry. More than 2.5 million laser treatments—including laser hair removal, leg vein treatments, and ablative and nonablative skin resurfacing—were performed in 2016, according to the American Society of Plastic Surgeons (ASPS) 2016 statistics.

Legal Issues: Medical Ethics and Daily Deal Sites

Discount programs, such as Groupon and Living Social, can be ethically problematic for medical aesthetic providers.
Medical Ethics and Daily Deal Sites

The astounding, initial success of daily deal site Groupon spawned numerous competitors, including Amazon Local, Living Social and LocalZoo. These sites bring together consumers and businesses in the form of deeply discounted services offered for a very limited time. They have become both popular and controversial within the medical aesthetics industry.

Legal Issues: Licensing Agreements

There are several issues to consider before signing a licensing agreement.
Licensing Agreements

The use of licensing agreements is increasing in the medical aesthetics industry. In some agreements, physicians lend their names to a product or product line. In others, manufacturers may license the use of their brand names to practices that bring in their branded procedures, such as the Lifestyle Lift.

Often, the deal works out to the benefit of everyone involved. But physicians who are not careful may find themselves facing increased liability or burdened with restrictions and time-consuming obligations that make the agreements less worthwhile.