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Legal

Identifying Employment Status

Deck: 
The distinction between part-time and full-time employees isn’t always clear.
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By Steven Austin Stovall, PhD
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Your staff is the lifeblood of your practice. They are the first and last contact your patients have with your facility. They vary in age, gender, experience and definitely in personality. But they may also vary in their work statuses.
What may at first seem like a straightforward categorization of which associates work 40 or more hours each week and which ones work fewer hours is actually more nuanced. The following is a refresher on part-time and full-time rules as well as an introduction to the latest laws.

Defining Part-Time and Full-Time Employment

Legal Issues: Resale Equipment

Deck: 
There are several factors to consider before purchasing or selling a used medical device.
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Legal Issues: Resale Equipment

There has been a dramatic increase in the number of aesthetic practitioners and procedures in recent years. This has created a corresponding increase in the number of medical devices that are being purchased and sold on the “resale” market.
Purchasing a secondhand device creates an excellent opportunity to integrate a new procedure into an aesthetic medical facility, since the cost may be significantly lower for resale equipment. However, there are many issues that should be considered prior to such a purchase.

Stem Cells Re-Classified

Deck: 
If stem cells are drugs, what are your responsibilities as a prescribing physician?
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Stem Cells Re-Classified

The United States Food & Drug Administration (FDA) recently adopted policies that will affect every aesthetic practitioner that employs stem cells in any manner. In a recent mandate, the FDA determined that stems cells are drugs and as such, it has claimed jurisdiction over them.

Common Causes Behind Litigation

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Common Causes Behind Litigation

In an effort to help laser surgeons identify potentially litigious procedures, dermatologist H. Ray Jalian, MD, of the Massachussetts Dermatology Laser and Cosmetic Center—in conjunction with Columbia Law School—presented “The Most Common Causes of Litigation in Laser Surgery” at the 2012 American Society for Laser and Medicine Surgery. Based on a review of malpractice and legal claims filed from 1989-2012, he identified the top five laser-based treatments and accompanying adverse events that led to the legal action.
Procedures:
Permanent Hair Reduction

Don't Get Fleeced!

Deck: 
Employee embezzlement is rampant in medical practices, but there are ways to reduce the risks.
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With so much focus on increased competition, the risk of lawsuits and diminishing reimbursement rates, there is one financial threat to private medical practices that is all too often ignored: employee theft or embezzlement. According to the Medical Group Management Association (mgma.com), more than 82% of healthcare professionals have been affiliated with a medical practice victimized by embezzlement.1 More than 75% of facilities affected were independent medical practices, and the majority of perpetrators were employees who worked at the practice for more than three years.

In-Office Dispensing

Deck: 
Protect your license by properly documenting all prescription-strength products dispensed in your practice.
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Skin care

Physicians today are compounding many unique and efficacious ingredients through the use of boutique pharmacies. Many of the resulting products are prescription-strength. The process of compounding is neither new nor unique. What is relatively new is the state action being taken against physicians in certain situations that relate to the compounding and dispensing of pharmaceutical grade, prescription-strength products.

Interviewing on the Job

Deck: 
Working interviews are an invaluable tool for finding candidates that fit your culture, but there are some legal pitfalls to avoid.
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Working interviews—an increasingly common part of the hiring process for many medical practitioners—are an effective way to assess a job applicant’s skills and fit for the work environment. They do, however, pose some thorny legal issues that might sting if you are not prepared. So what is a “working interview”? There are multiple definitions. Some people refer to the hiring of a temporary employee through a staffing agency on a contracted temp-to-hire basis as a working interview.

The FDA Cracks Down

Deck: 
As the line between cosmetic and drug continues to blur in medical aesthetics, the FDA is revving up its enforcement of false marketing claims
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One of the most exciting components of the medical aesthetics industry is the rapid innovation in treatment products and protocols. Each season, a slew of new skincare-related product formulations and ingredients emerge in the marketplace and on the horizon. The challenge for patients and practitioners is separating the valid claims from the invalid. In a move that presents a double-edged sword for physicians, the United States Food & Drug Administration (fda.gov) has become aware of these concerns and is becoming more active in pursuing them.

Injector Guidelines in Aesthetic Medicine

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A growing number of injectable treatments combined with their tendency to teeter between invasive and noninvasive care has created confusion as to who can legally inject patients.
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There is a disturbing trend in the medical aesthetic industry. Many cosmetic practices and medspas are turning to various quasi-medical and even non-medical personnel in the delivery of injectables. I categorize injectables in three ways: botulinum toxins, dermal fillers and sclerotherapy. Botulinum toxins are drugs and available only by prescription. Physicians can dispense them in their offices. They are also available via pharmacies. Contrary to popular belief, botulinum toxins—such as Botox Cosmetic and Dysport—are not directly available to non-physicians, including registered nurses.

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