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. They 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 Medical Spa Series provides examples of common OSHA violations for medical practices. 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.
OSHA maintains a list of Frequently Cited OSHA Standards, which can be narrowed down by industry/NAICS code. There is not a specific med spa code, but there is a code for health care and social assistance (NAICS Code 62).Many med spa offerings are considered the practice of medicine in most states, including Georgia. Some of the frequently cited OSHA violations are not applicable to med spas, but some standards that are commonly cited that may be applicable to med spas include the following:
This standard applies to all settings where any employee provides healthcare services or healthcare support services. Some settings are excluded from the COVID-19 standards, including “Healthcare support services not performed in a healthcare setting (e.g., off-site laundry, off-site medical billing), [and] . . . telehealth services performed outside of a setting where direct patient care occurs.” 1910.502(a)(2)(vi), (vii). Under this standard, “[t]he employer must develop and implement a COVID019 plan for each workplace.” 1910.502(c)(1). “If the employer has more than 10 employees, the COVID-19 plan must be written.” 1910.502(c)(2). Employers must implement “patient screening and management” “where direct patient care is provided.” 1910.502(d). “When employees have exposure to a person with suspected or confirmed COVID-19, the employer must provide” specific PPE. 1910.502(f)(2). From October 2021 through September 2022, there were 125 inspections amounting to total penalties in the amount of $241,093.
Standard 1910.1030 “applies to all occupational exposure to blood or other potentially infectious materials.” “Occupational Exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.” “Each employer having an employee(s) with occupational exposure . . . shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.” The standard provides minimum requirements for the Exposure Control Plan. From October 2021 through September 2022, there were 91 citations totaling $167,985 in penalties.
Under Standard 1910, “employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how [the standard] and other forms of warning, safety data sheets, and employee information and training will be met.” 1910.1200(e)(1). Chemical means any substance, or mixture of substances. 1910.1200(c). Hazardous chemical means any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified. 1910.1200(c). From October 2021 through September 2022, there were 68 citations totaling $114,320 in penalties.
What standards apply to your business depend on what services are provided within your menu of services, how many employees you have, etc. 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.