Articles Posted in Improving Your Practice

martha-dominguez-de-gouveia-nMyM7fxpokE-unsplash-scaled-e1774367448997-300x203This blog post follows our previous blog post about HIPAA compliance concerns with subleasing or sharing space with another practice. Subleasing or renting rooms carries other legal risks, besides HIPAA concerns, that this blog post covers. If you are starting a practice or med spa and plan to sublease or rent space from another 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.

Providers Who Accept Medicare and Medicaid Also Need to Comply with Federal Fraud and Abuse Requirements to Ensure the Compensation for the Shared Rental Space Reflects the Fair Market Value of the Rental Space.

Federal regulators have flagged rental arrangements where entities share space with physicians for over 25 years. In 2000, the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) issued a Special Fraud Alert highlighting concerns that rental payments may appear to be disguised kickbacks to induce referrals. Federal fraud and abuse laws, such as Continue reading ›

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Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Several of our clients have asked if they can administer ketamine for off-label use, especially for treatment-resistant depression. Ketamine has started being administered in psychiatric practices and ketamine clinics, and states are starting to respond to the proliferation of these ketamine clinics. This blog post discusses a bill in the Georgia General Assembly that proposes to regulate ketamine clinics. As of March 30, 2026, the bill has passed both the Georgia House and Senate but has not yet become law. If you are planning to administer ketamine in your practice, would like to set up a ketamine clinic, 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.

House Bill 717 (HB 717) proposes to regulate facilities that administer “psychedelic-assisted treatment and therapy,” which includes ketamine that is administered intravenously. “Psychedelic-assisted treatment and therapy” is defined as any treatment or therapy using psychedelic, dissociative, or other related substances that can produce hallucinations or other similar feelings. This bill also covers other treatments similar to ketamine, including Spravato®. The Georgia Medical Board would also be required to Continue reading ›

pexels-gustavo-fring-7446659-300x200Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. In particular, our med spa clients often ask whether they can hire estheticians to perform certain procedures within their med spa. Estheticians have a defined scope of practice under state law, and having estheticians perform procedures outside their scope of practice carries legal risk. This blog covers some main points about an esthetician’s scope of practice, particularly in Georgia. If you are an esthetician considering to open up a med spa, planning to hire an esthetician as part of your med spa, 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.

Estheticians Are Prohibited from Performing Medical Aesthetics Procedures Under Georgia Law.

Med spas have been recently advertising “medical aesthetics” services. Georgia law does not define “medical aesthetics,” but medical aesthetics can refer to dermal fillers, Botox injections, micro needling, and chemical peels. The Georgia Composite Medical Board has Continue reading ›

Medical-License-Pro-101-What-is-Medical-Licensing-300x200Our healthcare and business law firm advises many physicians and medical practices on compliantly using telemedicine to provide medical care to patients.  Typically, the Federal Ryan Haight Act requires at minimum an in-person evaluation before prescribing controlled substances.  Since the COVID-19 Pandemic, however, the Federal Drug Enforcement Administration (“DEA”) and the Health and Human Services Department (“HHS”) have permitted flexibility to that rule by allowing all DEA-registered practitioners to prescribe schedule II-V controlled substances via telemedicine.  The COVID-era flexibilities have been scheduled to end many times now, but the DEA and HHS continue to extend the flexibilities.  Most recently, the DEA and HHS issued the Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, extending the flexibilities until December 31, 2026.  For each extension thus far, the Georgia Medical Board has also permitted parallel flexibilities in Georgia.  This post discusses the Georgia Medical Board’s current stance on telemedicine flexibilities for prescribing controlled substances.  If you would like to discuss using telemedicine in a medical practice or 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.

Georgia’s General Tele-Prescribing Rule

Georgia Rule 360-3-.02 defines Unprofessional Conduct to include: “Prescribing controlled substances . . . and/or dangerous drugs . . . for a patient based solely on Continue reading ›

istockphoto-1990943278-612x612-1-300x200Our 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 ›

Concierge-Medical-Practice_Houston-Metro_Tinsley-Medical-Brokers-300x200When 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 ›

understanding-physician-employment-contracts-e1677703586595-300x197Our healthcare law firm works with many healthcare providers who are applying for a new license with a medical board or who are renewing their current license with a medical board. A question that comes up is whether they need to disclose a criminal matter in their application. This blog covers two considerations that healthcare providers should consider when they potentially need to disclose a criminal matter on a licensing application. If you need assistance disclosing a criminal matter on a licensing application 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: Review the Questions in Your Licensing Application to Determine What Actually Needs to Be Disclosed.

Licensing application questions typically do not require healthcare providers to disclose every kind of offense, such as speeding tickets, but disclose certain kinds of offenses. Some questions require providers to disclose arrests, while other questions require Continue reading ›

What-is-an-Opioid-e1687291586956-300x200Our 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 ›

Medical-License-Pro-101-What-is-Medical-Licensing-300x200Our 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 set up medical practices or med spas, even if they are not physicians. This blog covers two considerations that physician assistants need to consider before opening a medical practice or med spa. If you need assistance setting up a medical practice or med spa as a physician assistant 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: Physician Assistants Need to Consider State Corporate Practice of Medicine Laws Before Setting Up a Medical Practice or Med Spa

The corporate practice of medicine doctrine prohibits corporations and other entities from practicing medicine or employing physicians or other licensed healthcare professionals or prohibit non-physicians from having an ownership interest in a medical practice. States vary widely on how they enforce the corporate practice of medicine doctrine. Some states, such Continue reading ›

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