Establish Clear Ownership and Operational Boundaries
As mentioned earlier, many states require medical spas to be structured as separate entities from the dental practice. To comply with regulatory requirements, you must:
- Create a separate legal entity for the medical spa (such as a medical spa LLC) if necessary.
- Ensure that the medical spa has a licensed medical director who oversees all medical procedures.
Develop Comprehensive Operational Protocols
- Policy Development: Develop and implement written policies for every procedure performed in the medical spa, covering patient intake, informed consent, safety protocols, and follow-up care. Ensure that these policies comply with both dental and medical practice regulations.
- Staff Training and Certifications: Ensure that staff members performing medical spa services have the necessary training and certifications, and that their credentials are up-to-date. This is especially important for Botox injections, laser treatments, and dermal fillers, as many states require specific certifications for these procedures.
Ensure Proper Supervision and Delegation
- Supervision by a Licensed Physician: If required by state law, establish a supervisory relationship with a licensed physician who will oversee all medical treatments in the spa. This is especially important for Botox, laser treatments, and other medical procedures.
- Delegation Agreements: If non-physicians (such as registered nurses or physician assistants) are performing the procedures, ensure that proper delegation agreements are in place and comply with state regulations regarding supervision and scope of practice.
Maintain Accurate Recordkeeping
- Keep detailed records of all patient interactions, treatments, and informed consent forms. Medical spa treatments, just like dental procedures, must be thoroughly documented in the patient’s medical record.
- Ensure that you maintain separate records for any services that fall outside the traditional scope of dentistry, and that these records comply with medical record-keeping requirements.
Stay Up to Date with Regulatory Changes
The regulatory environment surrounding medical spas and dental practices is constantly evolving. Stay informed about changes in state and federal regulations, particularly those related to licensing, scope of practice, and the corporate practice of medicine. Work with legal counsel to ensure ongoing compliance.
Conclusion
Operating a medical spa within a dental practice can offer substantial benefits, including enhanced patient satisfaction and increased revenue. However, it is essential to navigate the complex regulatory landscape carefully to avoid significant legal and liability risks. By ensuring compliance with state Dental Board regulations, adhering to medical practice laws, establishing proper operational structures, and maintaining comprehensive patient safety protocols, dental practices can expand their services while minimizing potential legal exposure.
At Oberman Law Firm, our experienced healthcare attorneys specialize in advising dental professionals on regulatory compliance, liability issues, and business structure considerations. If you are considering adding a medical spa to your dental practice, we can help you assess the legal risks and implement best practices to ensure full compliance with state laws.