In this episode of Med Spa Mayhem, Dr. Kate Dee interviews Brad Adatto, a healthcare attorney, about the basics of med spa law. They discuss the definition of a med spa and what constitutes the practice of medicine. They also explore who can practice medicine and who can inject Botox or perform medical procedures. The conversation touches on the concept of corporate practice of medicine (CPOM) and the use of Management Service Organizations (MSOs) in the med spa industry. They highlight the importance of understanding the law so you don’t fall victim to illegal practices, which have become so common in the US.

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Takeaways

• Med spa law is complex and varies by state, but in every state the practice of medicine is highly regulated.

• The practice of medicine includes any procedure that affects living tissue, such as freezing fat, burning fat, piercing the skin, or providing a diagnosis and treatment plan.

• Physicians are typically the only ones allowed to practice medicine independently, but they can delegate certain services to other healthcare professionals, such as physician assistants and nurse practitioners.

• Corporate practice of medicine (CPOM) laws prohibit corporations from employing doctors, and the specific regulations vary by state.

• Management Service Organizations (MSOs) can be used in the med spa industry to handle the business side of the practice while ensuring that medical decisions are made by licensed professionals.

• Enforcement of med spa laws varies by state, but unauthorized practice of medicine is typically a felony and can lead to arrests and legal consequences.

• Consumers should research and ask questions about the credentials and compliance of med spas before receiving any treatments to ensure their safety.

 

Chapters

00:00 Introduction and Background of Brad Adatto

07:01 Hierarchy of Healthcare Professionals in Med Spas

08:55 Case Study: Patient's Death in a Med Spa

13:51 Understanding the Corporate Practice of Medicine

18:34 Unauthorized Practice of Medicine

20:33 False Advertising in Medical Spas

23:09 Management Service Organizations (MSOs)

28:40 Enforcement of Laws and Regulations