Legal

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.

Legal Issues: Patient Charting

Meticulous patient charting protects both patients and providers. Here’s what you need to include.
Patient Charting

All medical aesthetic practices and medspas are required to keep detailed medical records for all patients, and those records must be carefully protected. Following is a primer on what should be included in patient medical charts in a medical aesthetics environment as well as some guidelines on how to protect and relay patient information in an environment with multiple providers.

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: Understanding MSOs

Management Service Organizations offer a path to nonphysician medspa ownership.
MedEsthetics May/June 2017 Legal Issues

DUE TO CORPORATE practice of medicine doctrines, in most states the owners of facilities that perform medical procedures must be either physicians or physician-owned corporations. However, there is a path to medspa ownership by which nonphysicians can manage medspas. It is called a management service organization (MSO) and, while it still relies on the participation of a physician, it allows nonphysicians to take on a very significant role in the day-to-day operations of a medical aesthetic business.

Practice Management: Top Compliance Concerns

The 10 most important compliance issues medical aesthetic providers must consider.
Legal Issues April 2017

Aesthetics is one of the fastest growing fields in medicine, fueled by the introduction of more affordable nonsurgical cosmetic procedures, such as botulinum toxins, dermal fillers and laser treatments. These noninvasive and minimally invasive procedures are often performed by—or delegated to—allied health professionals and, in some cases, estheticians.

Exit Planning

Prepare your practice in the event of catastrophe and optimize your assets in expectation of retirement.
Image: Man leaving through a door

When you graduated medical school, retirement was likely the last thing on your mind. But if you have since moved on to private practice ownership, it’s time to consider what will happen to your practice in the event of death, disability or retirement. Keep in mind, the unique nature of medical practice ownership necessitates pre-planning for both the expected and unexpected. “Succession planning is more complex in the medical field because only licensed practitioners are able to run these businesses,” says Lauren Maxie, managing attorney with NC Planning in Raleigh, North Carolina.