Medical Spa & Aesthetic Medicine

The rapidly growing field of medical spas and aesthetic medicine presents unique challenges that require specialized legal expertise. Our healthcare attorneys provide comprehensive legal counsel to medical spa owners and managers, entrepreneurs, aesthetic practitioners and healthcare professionals, including Physicians, Advanced Nurse Practitioners, Registered Nurses and Physician Assistants, in navigating the complex intersection of healthcare, business operations and regulatory compliance.

Our healthcare team provides strategic legal counsel on:

Business Formation and Structuring:
  • Establishing customized business ownership models, management services organizations (MSOs) and joint ventures tailored to the evolving aesthetic medicine landscape in compliance with state Corporate Practice of Medicine (CPOM) rules.
  • Preparation of customized operational documents including LLC Operating Agreements, Professional Corporation Shareholders Agreements, Management Services Agreements (MSAs) and Joint Venture Agreements
Regulatory Compliance:
  • Federal and State Healthcare Laws: Ensuring compliance with HIPAA, Stark Law, Anti-Kickback Statute and state anti-referral revenue sharing statutes.
  • Licensing Requirements: Assisting in obtaining necessary state licenses or registrations prior to entity formation.
  • Scope of Practice: Clarifying which clinical and cosmetic procedures are considered medical treatments and identifying the qualified professionals authorized to perform them.
  • Regulatory Updates: Providing current information and changes in applicable laws and regulations.
  • Delegation Protocols: Advising on permissible delegation of medical tasks from physicians to allied health professionals, ensuring compliance with state laws.

Employment and Independent Contractor Arrangements: Drafting enforceable contracts for medical directors, nurse practitioners, aestheticians and other professionals.

Advertising and Marketing Compliance: Advising on ethical and legal advertising practices, including compliance with FTC guidelines and state medical board regulations.

Risk Management and Liability: Assisting with patient consent forms, malpractice risk reduction and adherence to standard of care protocols.

Mergers, Acquisitions and Expansion: Supporting medical spas and aesthetic practices in scaling their businesses through acquisitions, partnerships and franchising.

With deep industry knowledge and a proactive approach, our firm is dedicated to protecting your business, ensuring compliance and positioning your practice for long-term success in the evolving medical aesthetics industry.