Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. In particular, our clients often ask whether they can offer IV therapy as part of their practice. IV therapy is being offered at med spas, and people are opening IV clinics, so it is important to consider the legal risks of offering IV therapy before opening a med spa or IV clinic. This blog covers two considerations that med spas and IV clinics should consider before offering IV therapy and particularly focuses on non-practitioners (e.g., nurse practitioners or physician assistants) wanting to open an IV clinic in South Carolina. If you need assistance setting up an IV clinic in South Carolina 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 Consideration: Non-Practitioners Need to Determine If They Will Add Medications and Vitamins into IV Bags as Part of Their IV Clinic
This first consideration is important because it determines whether the non-practitioner would be engaged in compounding. In South Carolina, it is not compounding to push medications and vitamins through an IV; however, putting medications and vitamins into an IV bag is compounding. If compounding occurs, then the IV clinic would need a Pharmacy Permit, which requires a pharmacist to be on staff at all times. By contrast, if the IV clinic will not be engaged in compounding, the clinic may need to obtain a Non-Dispensing Drug Outlet Permit (discussed below).
Second Consideration: If a Non-Practitioner Owns an IV Therapy Clinic and Stores Legacy Drugs and Devices, then the Clinic Will Need a Non-Dispensing Drug Outlet Permit and a Consultant Pharmacist
If the IV clinic is not 100% owned by a practitioner, and the clinic stores legacy drugs and devices but does not dispense or compound drugs, the clinic must obtain a Non-Dispensing Drug Outlet Permit. The permit also requires the clinic to hire a “Consultant Pharmacist,” and after the consultant pharmacist performs the necessary tasks for the clinic, the clinic will submit an application to the South Carolina Pharmacy Board.
If you want to open a mobile IV clinic, the permit requires that the drugs live overnight at the business address on the permit (i.e., not a residential address or car). Non-practitioners are also required to pick up the drugs each day and return them each night to the permitted business address.
If you need assistance setting up an IV clinic in South Carolina 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.
*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship. All digital presentations by our firm or its attorneys are provided as a public informational resource. Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations. We do not routinely update such information. To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney. Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced. Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states. For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney.
