Little Health Law Blog

Our healthcare and business law firm works with many providers who wish to create an entity under which they provide professional nursing or physician services.  Before providing professional services through an entity, it is important to consider your state’s laws and rules governing the provision of professional services.  Florida, for instance, passed the Health Care Clinic Act (“Act”) in 2003 and has made many revisions thereto over the years.  The purpose of the Act was to strengthen the regulation of health care clinics “to prevent significant cost and harm to consumers” by “provid[ing] for the licensure, establishment, and enforcement of basic standards for health care clinics and [] provid[ing] administrative oversight by the Agency for Health Care Administration.”   Fla. Stat. § 400.990.  This post addresses two key components of the Health Care Clinic Act: (1) what qualifies as a “clinic,” and (2) what exemptions are there to the licensure requirement?  If you would like to discuss ways to structure your practice 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@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

(1) What qualifies as a “clinic”?

According to Fla. Stat. § 400.9905(4), “‘Clinic’ means an entity where health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider.”  “Tenders charges for reimbursement” specifically refers to submitting claims to third-party payors (such as Medicare, Medicaid, or commercial payors).  If the practice is cash-only and does not bill to any third-party payors, then the practice does not qualify as a clinic and thus does not need licensure under the Health Care Clinic Act.  The Act also does not contemplate (i.e., specifically include or exclude) practices that only provide telehealth services, so it is important to consider with counsel whether a telehealth-only practice is considered a clinic under the Act.

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In states such as South Carolina, pharmacists are allowed to administer flu vaccines and other vaccines, such as the COVID-19 vaccine, without an order from a licensed provider. In 2025, the South Carolina Joint Pharmacist Administered Vaccines Committee revised its protocol for South Carolina pharmacists to administer vaccines. This blog covers two important takeaways that South Carolina pharmacists should consider before administering certain vaccines to customers. If you are concerned how this protocol affects you or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Takeaway: Pharmacists, Pharmacy Interns, and Pharmacy Technicians Must Meet Certain Requirements Before Administering Vaccines.

The protocol requires pharmacists, pharmacy interns, and certain pharmacy technicians to meet specific requirements before they can administer vaccines to customers, including licensing requirements, certification and training requirements, and continuing education requirements. Pharmacists, pharmacy interns, and certain pharmacy technicians must be certified to administer CPR and complete training about vaccine administration, Continue reading ›

When starting a concierge medical practice, one important question to ask is whether your practice will be accepting private insurance, which involves providing services to patients that are insured under private health insurance plans. However, accepting private insurance as part of your concierge practice carries legal risks. This blog covers an important consideration that providers should consider before starting a concierge medical practice that accepts private insurance. If you need assistance setting up a concierge medical practice or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

It Is Important to Review Your Participating Provider Agreements with Health Insurance Plans to See if They Allow Their Providers to Start Concierge Medicine Practices.

Before providers opt into networks with health insurance plans, they sign participating provider agreements with them to provide Continue reading ›

Our healthcare and business law firm represents healthcare practitioners, including physicians, advance practice registered nurses, and physician assistants, with licensing and credentialing matters.  One occurrence we see often is a practitioner who signed DEA Form 104 to “voluntarily” surrendered their DEA registration and is now dealing with unexpected consequences of that decision.  Often, the surrender is obtained by a DEA agent during a time of severe duress of the provider-registrant.  We strongly recommend discussing with healthcare counsel before surrendering a license or registration.  Because of the amount of credentialing and licenses medical providers have, surrendering any sort of license or registration typically creates a snowball effect into numerous areas of the provider’s practice.  This post discusses specific credentialing impacts that may apply to a provider after the surrender of a DEA registration.  If you would like to discuss your options before voluntarily surrendering a license or registration or ideas to mitigate negative effects after voluntarily surrendering a license or registration, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Following the surrender of a DEA license, the registrant should immediately do two things: Continue reading ›