Welcome to today’s mini vlog on “Are Medical Spas Subject to the Corporate Practice of Medicine Doctrine in Florida?” Medical spas, which blend aesthetic services with medical treatments, have become increasingly popular, but the regulations surrounding their operation can be complex. One of the most important legal issues that medical spa owners must be aware of is the corporate practice of medicine (CPOM) doctrine, which restricts who can own and operate medical practices. In Florida, like many other states, this doctrine is designed to ensure that only licensed medical professionals control medical decision-making. Understanding whether and how this doctrine applies to your medical spa is crucial, and consulting an attorney is essential to ensure compliance with state laws.
Under Florida law, the corporate practice of medicine doctrine generally prohibits non-physicians from owning medical practices or influencing medical decisions. This means that if your medical spa offers medical treatments, such as injectables or laser therapies, the services must be overseen by a licensed physician. While non-physicians may have a stake in the business side of the spa, they cannot interfere with or control any medical decisions. A physician must ultimately be responsible for all medical procedures and treatment plans offered in the spa. An attorney can help clarify ownership structures and ensure that your medical spa complies with CPOM regulations, preventing costly legal issues.
For medical spa owners, ensuring that the business is structured in compliance with Florida’s CPOM doctrine is critical. This may involve setting up a management services agreement (MSA), which allows non-physicians to manage the business operations of the spa while leaving all medical decisions to the licensed medical professionals. Additionally, all medical professionals working within the spa must be properly licensed, and the spa must adhere to healthcare regulations regarding patient care and record-keeping. Working with an attorney who specializes in healthcare law can help you establish the proper legal framework for your business, ensuring that your medical spa stays compliant with Florida’s laws.
Given the legal complexities involved, hiring an attorney is essential to navigating the corporate practice of medicine doctrine in Florida. An experienced healthcare attorney can help structure your medical spa in a way that complies with CPOM laws, ensuring that licensed physicians maintain control over all medical aspects while allowing non-physicians to manage the business side. By consulting with a legal expert, you’ll protect your business from potential legal challenges and regulatory violations, ensuring the long-term success of your medical spa in Florida. Having the right legal guidance ensures that your business is both profitable and compliant, allowing you to focus on delivering excellent care to your clients.