Legal

Legal Issues: Physician Gifts

Giving and receiving gifts poses both ethical and legal concerns for physicians.
Regulations on physician gift giving and receipt

Giving and receiving gifts is a normal occurrence in most people’s personal and professional lives. Yet, physicians are restricted from most forms of gift giving and receiving under both state and federal regulations.

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: Restrictive Covenants

Restrictive covenants can help protect your business, but they must be reasonable and are not always enforceable.
MedEsthetics July/August 2018 Legal Issues

It is not uncommon for an employee to leave a company and join a competitor’s business or launch their own shop in the same community. As a practice owner in the highly competitive arena of aesthetic medicine, it is understandable that you would want to protect your business against loss of patients, particularly when that loss may come at the hands of an employee who has benefited from hours of training and years of building professional and patient contacts in your facility.

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.

Legal Issues: This Name's Taken

Trademark laws can help you protect your brand and avoid costly lawsuits.
MedEsthetics April 2018

You might think your business has the greatest name in the world, but if you can’t actually use it, it will do you far more harm than good. This is why it is well worth spending a few thousand dollars upfront to research existing trademarks and secure protection for your brand.

Legal Issues: Employee Leave FAQs

Employer requirements under family medical leave laws
Understanding Employe Leave Laws

Suppose your front office manager asked for a leave of absence to care for an ailing family member. Do you know his rights and your obligations? For example, “How much time off are you required to offer for family medical leave and maternity/paternity leave? Must you pay the employee during leave? And in what situations (if any) can leave be extended?”

Legal Issues: Compounded Care

The intended role and new classifications for compounding pharmacies.
MedEsthetics Jan/Feb 2018 Legal Issues

In 2012, 64 patients died and an additional 751 were injured due to contaminated compounded medications formulated and distributed by the New England Compounding Center. As a result, compounding pharmacies have become the subject of intense public and regulatory scrutiny, and the U.S. Food & Drug Administration (FDA) created a new two-tiered regulatory framework to improve oversight of these facilities.

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.