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Medspa Legal & Legislation > What are CA law for NP's re medspa

I am about to get involved with a new Medspa, as a contractor. I have not done this before. I will be providing Botox,fillers and laser services. I want to be fair and treated fairly by the owner who is asking what compensation I want. Also what kind of malpractice insurance is adequate. What else should I know? Is there a legal contract I would need?

08.22 | Unregistered CommenterRose NP

Hello Rose,
You're not the first to ask this. There is a host of information on Medspa MD about this very thing. I'd suggest that you search for and read some of the articles and threads on this and then post some very specific questions. The short answer is yes, you're going to need to be very careful about what you do, and how you do it. A couple of things; you can no be employed by a non-physician, it will be your medical license on the line, you will need to have everything reviewed by your own lawyer. These are not difficult problems to address, but you'll need to be the one to do it. If you end up getting sued, you can bet that you'll be cast adrift by the non-clinicians who don't have 'medical knowledge' and relied completely on you.

Another area to be especially careful about is the authenticity of the products you dispense. Case in point: you'll see a lot of advertisements for discount "Name Brand" products like Botox, which are temptingly cheaper online or through purchasing groups, than they are directly from the manufacturer. Some of them, again using the example of Botox, are actually legitimate and made by the correct manufacturer. However, they are made specifically for use outside the US and are in different packaging than the product for US use.

The kicker is that if you use non-US approved Botox, your malpractice carrier WILL NOT cover you in the event of an issue with that patient. (Call and ask them yourself.) Since you have to log every batch/lot number you use and that ties it to the exact product you dispense, unless you lie about it, you'll be screwed if something goes wrong. I'm convinced most people in these purchasing groups have no idea about this and are just asking for trouble. Make sure your employer is not one of these corner-cutters or you could lose your license one day.

08.23 | Unregistered CommenterClaudio

You do not state whether or not you are an MD. All MDs have adequate legal resources and will not work for someone else. Are you an MD looking for some place to find patients to treat who happen to go to a spa so you can get referrals from the spa? Or are you a "technician" of some type that will work in a spa and do Botox etc.? If you are an MD do not work for someone else. You are risking your license because in other cases it was determined.... the one with the name on the door or advertising they have a Medical Director is the one who is ultimately liable as you are the one with the highest level of training. The use of you as being associated with the SPA lends an aire of experience and knowledge to patrons. It implies a level of superior knowledge that makes the procedures more effective, and safer. As the MD who is carrying this responsibility and LIABLILITY.. YOU ARE ENABLING THE SPA TO GET MORE CLIENTS THAN SOMEONE WITH JUST A WHITE COAT AND AN INADEQUATE MEDICAL BACKGROUND TO DO THIS SURGERY. (IT IS SURGERY). If you want to come in and speak to the employees to educate them, be sure your name is NOT used in any of their advertising. Make sure they do not imply they have a medical director that is you. You may be a consultant who gets paid for your services, however, that is between you and management.

IF YOU ARE NOT AN MD... WHY ARE YOU DOING MEDICAL PROCEDURES WITHOUT A MEDICAL LICENSE? YOU HAVE NO EFFECTIVE MALPRACTICE INSURANCE. and you are breaking the law. When you have the training and the insurance you will find you have to charge more just to break even.

There are cases in CA where a laser "technician" (whatever that is as there is no license ing program for this) burned a patient and got sued. The insurance company had nothing to do with her. She tried to sell her jaser at a terrific loss but I have no information as to what the final outcome was. There are so many operators doing this and they have no professional insurance. When they go to medical school, pass all the tests, get Board Certification they will have something to CROW about. Everyone wants to be a DOCTOR. There are TV doctors, COMPUTER DOCs, AUTO DOCs, Plumbing DOCS, Refrigeration DOCs, Roofing DOCs and ALL OF THEM know nothing about DOCTORING. When are they going yo learn?

10.29 | Unregistered Commenterlefty2g

Lefty,

She is an N.P. - says so in her screen name.

Rose - what state? This makes a huge difference.

09.24 | Unregistered CommenterCal

Oops - you are in CA - says so on your thread title but not in the text body - my error.

You are certainly licensed to perform all procedures, including the required good faith exams for injectables.

Just be sure you are contracting with a MD or DO-owned facility, OR MD/DO (51% ownership) and RN or PA (49% ownership. Otherwise it's a charge of aiding and abetting in unlicensed practice of medicine.

09.24 | Unregistered CommenterCal

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