You Could Be Breaking the Law Right Now

There’s a good chance no one has ever told what the corporate practice of medicine doctrine exists, and that’s exactly the problem. It affects everyone in the practice too — not just the person who owns the business.

Regulators are actively looking. Boards of medicine, nursing, and pharmacy are running audits across the country, and a spa that quietly started offering Botox or body contouring is exactly who they’re looking for. One Oregon plastic surgeon was out of compliance for years after a law quietly changed — and didn’t know until they got caught.

This legal framework governs how medical practices can be structured and owned, and when it’s violated, the consequences fall on everyone in the building, including the staff.

Attorney Evan Sampson breaks it down in plain language: what the law actually says, how dramatically it varies by state (New York is the strictest in the country; others barely enforce it), and what Management Support Organizations are — the legal structure that allows non-physicians to own parts of a practice without running afoul of the rules.

Questions answered by this episode:

• Can a non-physician own a medical spa?
• What is the corporate practice of medicine?
• Who regulates medical spas?
• What happens if a med spa violates ownership laws?
• What is a Management Support Organization (MSO)?
• Can a spa owner add Botox or medical services?
• Who polices med spa compliance?
• What’s the difference between medical supervision and medical direction?
• Which states have the strictest corporate practice of medicine laws?
• What do you do if healthcare laws change and you didn’t know?

Evan Sampson

Counsel, Healthcare at Post & Schell Attorneys At Law

Evan Sampson is Counsel in Post & Schell’s Health Care Practice Group, where he advises health care providers and organizations on a broad range of regulatory, transactional, and litigation matters.

Connect with Evan on LinkedIn — linkedin.com/in/evan-sampson-5351a953

Learn more about Post & Schell — postschell.com

Eva Sheie

Founder & Podcast Producer at The Axis

Eva Sheie is a startup veteran, content strategist, podcast producer, and professional musician. She is the founder of The Axis, a podcast production agency devoted to meeting the needs of women confronting life-changing medical decisions. Today she is the host of Meet the Doctor, co-host of Less of You, and the executive producer of numerous titles on behalf of clients, including Practiceland.

Learn more about The Axis — theaxispodcasts.com

Practiceland is presented by PatientFi — the patient financing partner built for aesthetic practices. PatientFi gives your patients access to flexible payment plans and gives your team the tools to offer financing confidently, without the awkward money conversation.

Learn more at patientfi.com/aesthetics