Total Health Law Blog
Our 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 Spa’s 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 medical spa 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 Medical Spa Series answers the question of what the role of a dentist can perform 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.
- Dentists can prescribe and administer injectable pharmacologics
In Georgia, dentists are able to perform many medical spa treatments, including injecting Botox and fillers, but only when certain requirements are met. Georgia Rule 150-14-.04(d) provides: “A dentist may administer an injectable pharmacologic only after having completed a Board-approved post-doctoral course that is sufficient to prepare a dentist to satisfactorily administer injectable pharmacologics safely and effectively.” “‘Injectable pharmacologic’ means any medication classified as a neurotoxin, adjuvant or therapeutic agent including, but not limited to, hyaluronic acid (such as Restylane), fillers (such as collagen), Botulinum Toxin Type A (such as Botox) or similar products that have been approved by the Federal Food and Drug Administration.” The standard for the required Board-approved course is found in Georgia Rule 150-14-.04(f). “[W]ithin 30 days of completing the course,” the dentist must submit to the Board “the certificate of course completion.” Further, “[p]rior to administering injectable pharmacologics to a patient, the dentist shall conduct an appropriate physical examination within the scope of dental practice, obtain a complete medical history, including the patient’s medications, allergies and sensitivities and comprehensively assess the dental needs of the patient. Specific notations on the use of injectable pharmacologics, including the type of agent, dosage, duration and any untoward reactions, shall be recorded in the patient record.” Georgia Rule 150-14-.04(i). Notably, a dentist who is an oral and maxillofacial surgeon “shall not be required to complete the Board-approved course” discussed herein prior to administering injectable pharmacologics. Georgia Rule 150-14-.04(e).
- A Dentist cannot delegate prescriptive authority.
Many medical spas are either owned by or utilize mid-level providers, such as Nurse practitioners or Physician Assistants. Many of the typical medical spa procedures require a prescription in Georgia (i.e., Botox, fillers). The only practitioners who can prescribe these drugs are physicians, dentists, and, only with delegated authority, mid-level providers. Only physicians can delegate prescriptive authority to a mid-level; dentists cannot. O.C.G.A. § 43-34-25. This is important because it means that for a dentist to run/supervise a medical spa that provides injectable pharmacologics, the dentist must evaluate each patient and prescribe injectables when appropriate.
- A Dentist cannot delegate the administration of injectable pharmacologics.
The next step in providing Botox and filler treatments is the actual administration or the treatment. Although nurses and other professionals generally can administer treatment and prescriptions based on a dentist’s prescription or order (see O.C.G.A. 43-26-3(6)), the dental rules are clear that “a dentist shall not delegate the administration of an injectable pharmacologic.” Georgia Rule 150-14.04.
All in all, a dentist can evaluate, prescribe, and administer Botox and filler treatments (assuming the requirements in Georgia Rule 150-14-.04 are met), but a dentist is limited to personally perform each step. A dentist cannot delegate to a mid-level provider the ability to evaluate and prescribe and cannot delegate to anyone the ability to administer the treatment. If you have questions regarding this blog post or would like to speak with counsel regarding structuring 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.
*Disclaimer: Thoughts shared here do not constitute legal advice.