4-e1647895403919Our healthcare and business law firm previously published a blog post on the federal telemedicine rules.  Both Federal and State rules govern the provision of telemedicine.  Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules or position statements, insurance code, and when applicable, Medicaid rules.  This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in North Carolina.  This post does not discuss telemedicine prescribing rules or Medicaid rules.  If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

North Carolina Rules

North Carolina has yet to pass any laws on telemedicine, but the North Carolina Medical Board (“Medical Board”) has published telemedicine policies available on its website, here. Below is an overview of some requirements currently in North Carolina governing the practice of telemedicine. Continue reading ›

shutterstock_1440454943-scaled-1-e1667580931657Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa.  Medical Spas have been growing in popularity across the country.  Medical Spas are unique practices in that they involve many medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia.  Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup.  This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This post in the Georgia Medical Spa Series focuses on 2 key considerations in an Advanced Practice Registered Nurse (“APRN”), such as a nurse practitioner, owning a medical spa.  If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

  1. Corporate Practice of Medicine

Although surprising to most of our healthcare and business law firm clients, the corporate practice of medicine doctrine is not a major concern when analyzing how an APRN can properly own a medical spa. Continue reading ›

https://www.totalhealthlaw.com/files/2022/10/shutterstock_588164834.1-e1667248490780.jpgOur healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa.  Medical Spas have been growing in popularity across the country.  Medical Spas are unique practices in that they involve many medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia.  Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup.  This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This post in the Georgia Medical Spa Series focuses on the use of an Esthetician in a medical spa.  If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Esthetician

The use of an esthetician in a medical spa is more limited than many of our clients think before coming to us. Continue reading ›

90-–-Inject-inside-the-lines-GettyImages-853429570-e1666985896795Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa.  Medical Spas have been growing in popularity across the country.  Medical Spas are unique practices as they involve many medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia.  Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup.  This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.  

This post in the Georgia Medical Spa Series focuses on the use of a Physician Assistant in a medical spa.  This post does not discuss the restrictions governing a Physician Assistant owning a medical spa or employing his/her supervising physicians.  If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com. 

Physician Assistant 

A Physician Assistant (“PA”) is an individual “who is licensed to a supervising physician and who is qualified by academic and practical training to provide patients’ services not necessarily within the physical presence but under the personal direction or supervision of the supervising physician.”  O.C.G.A. § 43-34-102(7).  O.C.G.A. § 43-34-106 requires practices using PAs to post a notice that the practice is using a PA.   

Most clients of our healthcare and business law firm need to know what exactly each licensed professional they employ can and cannot do.  Below is an overview of some basic activities and how a PA can be involved:  Continue reading ›

OIP-e1666730751982Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa.  Medical Spas have been growing in popularity across the country.  Medical Spas are unique practices in that they involve many medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup.  This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This first post in the Georgia Medical Spa Series focuses on the amorphous Corporate Practice of Medicine Doctrine.  If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

What is the Corporate Practice of Medicine Doctrine?

The Corporate Practice of Medicine Doctrine is easy to understand because it makes sense.  Essentially, the doctrine is the answer to the question: “Do we want businesses influencing providers in their medical decision making?”  The answer is, of course, no.  Continue reading ›

QuackbustersandtheShockTroopsofMedicalMcCarthyism-e1664472813118This is the second post in a series related to the Pretrial Diversion Program in Georgia.  The first post provided an overview of the Pretrial Diversion Programs in Georgia and the potential impact on a successful participant’s criminal record.  This post focuses on how successful completion may impact a participant’s responses to questions relating to the offense on employment, licensing, and credentialing applications.  If you have questions regarding this blog post or need counsel relating to your professional responsibilities after an arrest or conviction, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

For clients who have been arrested and charged with an offense, the concern is how to answer offense-related questions on questionnaires while participating in and after completing a pretrial diversion program. Continue reading ›

ny-medicare-fraud-img-e1664218102664Our healthcare and business law firm works with many providers and other professionals who have been arrested and charged with misdemeanors.  Our clients will, of course, hire criminal defense counsel to handle the criminal proceedings but professionals generally hire our firm navigate the professional consequences of an arrest.  Many of our clients are first time offenders who are presented with the option of participating in a pretrial diversion program.  Whether to participate in such a program should be discussed with criminal defense counsel.  This is the first blog post of two on this subject, and it focuses on providing an overview of the Pretrial Diversion Programs in Georgia and the potential impact on a successful participant’s criminal record.  The second post will focus on how successful completion may impact a participant’s professional responsibilities thereafter responding to questions relating to the offense on employment, licensing, and credentialing applications.  If you have questions regarding this blog post or need counsel relating to your professional responsibilities after an arrest or conviction, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Eligible Offenders

Pretrial diversion programs are authorized under O.C.G.A. § 15-18-80.  Thereunder, “the prosecuting attorneys for each judicial circuit . . . shall be authorized to create and administer a Pretrial Intervention and Diversion Program.”  Each county may have different guidelines on who is eligible for a Pretrial Diversion Program and different requirements for successful completion. Continue reading ›

contract-signature-e1663868054811Our healthcare and business law firm works with many providers at all stages of employment, including physicians taking their first jobs after training, becoming partners at practices, and selling their practices and retiring.  One consistently stressful time for all providers is resigning from a practice.  Through our experience, we have learned many tips to assist providers in exiting employment as smoothly as possible. If you have questions regarding this blog post or need counsel navigating an employment exit, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Our first step with clients is always to start the exit process by reviewing their employment contracts.  Assuming the agreement is enforceable and binding, your employment agreement governs how you and your employer behave.  Most clients want to leave professionally and effectively and so do not want to breach the contract on their way out.  The following are terms we generally start with in reviewing employment contracts: Continue reading ›

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Our healthcare and business law firm previously published a blog post on the federal telemedicine rules.  Both Federal and State rules govern the provision of telemedicine.  Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules, insurance code, and when applicable, Medicaid rules.  This post focuses specifically on Tennessee’s telemedicine prescribing rules.  Our firm previously posted an overview of Tennessee’s general telemedicine rules.  If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Tennessee Rules on Prescribing Based on a Telemedicine Visit

A. General Telemedicine Prescribing Rules

Continue reading ›

5G-icon-e1662133608419Our healthcare and business law firm previously published a blog post on the federal telemedicine rules.  Both Federal and State rules govern the provision of telemedicine.  Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules, insurance codes, and when applicable, Medicaid rules.  This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Tennessee.  This post does not discuss telemedicine prescribing rules or Medicaid rules.  If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Tennessee Rules

Telemedicine is authorized in Tennessee and the rules governing telemedicine are found in the Tennessee Code and Tennessee Rules and Regulations.  Below is an overview of requirements currently in Tennessee governing the practice of telemedicine. Continue reading ›

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