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"Legal & Liability Issues of a Medical Spa"

by Paula Cohen and Susanne S. Warfield

 

Legal & Liability Issues of a Medical Spa

What Is A Medical Spa?

Medical Spa Definition

A medical spa is a facility that operates under the full-time, on-site supervision of a licensed health care professional. The facility operates within the scope of practice of its staff, and offers traditional, complementary, and alternative health practices and treatments in a spa-like setting. Practitioners working within a medical spa will be governed by their appropriate licensing board, if licensure is required.

For more information on the NCEA and related industry positions go online to www.ncea.tv.

Hardcopy
Cost: $99.95 (plus $6.00 shipping)
Seven to ten business days for delivery

 

Ebook (for immediate download)
Cost: $99.95

 

Foreword

For the past several years there has been an increasing number of physicians who have become involved in the spa industry. Whether an existing spa has asked a physician to become a "Medical Director" or if you are a physician interested in becoming an owner/director of your own facility–this book will get you started in the right direction. Awareness of the legal and liability issues that will affect a medical spa is an integral first step in developing a business plan.

On the surface, it may appear that to add spa services to an existing medical practice or have a physician come into your spa to perform medical procedures, seems pretty straight forward, and will add to your revenue stream. However, neither the skin care licensing boards or the medical licensing boards have clearly defined this merging of medical and spa or hybrid "medical spa" industry.

The purpose of this book is to outline existing rules, regulations and laws that may affect your "medical spa" on a federal and state level, and then clearly define licensing and scope of practice rules of the "esthetics industry." And make no mistake–if you are opening a "spa"–your facility will be under the direct scrutiny of the State Boards that regulate Estheticians and the facilities services that are offered to the public.

As you develop your business plan and most important–the philosophy of your medical spa–you will, after reading this book, have a much clearer understanding of the regulations that will affect your business.

Of course, this book is in no way a substitute for obtaining sound advice from an attorney or risk manager, however, having the knowledge of what is contained in this book will save you hundreds in attorney research fees!

Table of Contents

      • Federal Issues
      • Food and Drug Administration

        - Mission Statement of the Food and Drug Administration
        - Definition of a Cosmetic
        - Definition of a Drug
        - Definition of an Over-the-Counter Drug
        - Definition of a Hazardous Substance
        - Definition of a Medical Device
        - How the Food, Drug & Cosmetic Act Defines a Device
        - Definition of Laser Hazard Classifications
        - FDA Takes Action Against Fraudulent Devices
        - Alpha Hydroxy Acids For Skin Care
        - Overview of the Medical Device Regulations
        - What is a Medical Device?
        - Classifications of Medical Devices
        - What is Premarket Notification 510k
        - Who Must Submit a 510(k)
        - Classification
        - Labeling and Indications for Use
        - Laser Hazard Classifications
        - Prescription Use Vs. Over-the-Counter Device
        - Labeling Requirements
        - Prescription Device
        - Occupational Safety and Health Act
        - Introduction
        - Purpose of the Act
        - Bloodborne Pathogen Act
        - Purpose
        - Recordkeeping
        - Engineering Controls
        - Hazard Communication Standard
        - Purpose
        - Exposure Control Plan
        - Employee Input & Documentation
        - American National Standards Institute
        - Introduction
        - Laser Safety At A Glance
        - Overview of Controls
        - Health Insurance Portability and Accountability Act (HIPAA)
        - Introduction
        - Are Medical Spas Required to Comply?
        - Medicare and Medically Necessary Procedures
        - Cosmetic Procedures vs Medically Necessary
        - Accreditation and Credentialling

      • State Issues

        - Licensing of a Cosmetology Facility
        - Licensing of a Medical Facility
        - Example: Florida
        - Example: Texas
        - Example: California
        - Licensing of Personnel
        - Esthetician Licensing in Medical Practices Survey
        - Example: Wisconsin: Delegated Medical Procedures

      • Liability Issues

        - Delegation of Services/Defining Medical Supervision
        - Direct Personal Supervision
        - Coverage and Limitations
        - Medical Director
        - Written Policies and Procedures
        - Corporate Practice of Medicine
        - Hiring a Physician State Law Example
        - Who’s Insurance Covers”
        - Product Liability
        - Respondent Superior
        - Borrowed Servant Rule
        - Ethics
        - What is a State Medical Board?
        - Medical Boards

 

 

 

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