Little Health Law Blog

Two Considerations for Physician Assistants Before Starting a Medical Practice or Med Spa

January 9, 2026 | Little Health Law

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 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 ›

Two Considerations for Nurse Practitioners Before Starting a Medical Practice or Med Spa

January 6, 2026 | Little Health Law

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 set up medical practices or med spas, even if they are not physicians. This blog covers two considerations that nurse practitioners 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 nurse practitioner 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: Nurse Practitioners 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 as Georgia, allow non-physicians, including nurse practitioners, from owning a medical practice, as long as certain requirements are met, which are discussed below. Other states, such Continue reading ›

Three Considerations When Prescribing Compounded GLP-1s

December 31, 2025 | Little Health Law

Our healthcare and business law firm works with many providers who work with compounded medications. As glucagon-like peptide-1 receptor agonists (“GLP-1s”) continue to be prescribed by providers, including FDA-approved commercial versions and compounded versions, we routinely are asked for guidance by providers around prescribing compounded drugs. This blog identifies three categories of topics that are relevant to prescribing compounded GLP-1s. If you would like to discuss ways to protect your practice in prescribing GLP-1s 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.

FDA Requirements:

In sum, unless a drug is on the shortage list, compounding a drug is appropriate only for when a patient requires a modification to the commercial (FDA-approved) drug (such as, due to an allergy or need for some additional/replacement ingredient). The FDA has a lot of concerns with GLP-1 drugs and has created a “green list” of importers based on its evaluation of sites, so a practice should work with compounding pharmacy that only import active pharmaceutical ingredients from importers on the green list.

There are many weight loss drugs that are currently in the FDA-approval process. However, the drugs are Continue reading ›

Two Considerations When Offering IV Therapy as a Practitioner in South Carolina

December 29, 2025 | Little Health Law

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. Our prior blog post discussed several considerations that med spas and IV clinics should consider before offering IV therapy in South Carolina as non-practitioners (e.g., nurse practitioners or physician assistants). This blog post discusses two considerations that practitioners (e.g., physicians) should consider before opening 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: Practitioners May Not Need a Non-Dispensing Drug Outlet Permit if the Medical Practice Does Not Compound, and the Practitioner Owns the Practice 100%

As discussed in the prior blog post, whether a practitioner or non-practitioner engages in compounding is an important consideration. In South Carolina, it is not compounding to push medications and vitamins through an IV; however, putting Continue reading ›

UPDATE: Three Considerations When Administering Ketamine to Patients

December 23, 2025 | Little Health Law

Our healthcare law firm works with many providers who prescribe medications, including medications for use that is considered “off label” by the Food and Drug Administration (“FDA”). One such off-label use is administering ketamine to patients for treatment-resistant depression. On August 13, 2025, our firm posted a blog titled “Three Considerations When Administering Ketamine to Patients.” We have recently encountered other issues related to ketamine, including whether other providers, such as nurses, can administer ketamine. Ketamine, and the recently FDA-approved Spravato®, which has esketamine as its active ingredient, has garnered popularity as a potential treatment for treatment-resistant depression, but it has come under scrutiny in recent years. This blog covers three considerations that providers should consider before administering ketamine or Spravato® to patients. If you need assistance setting up a practice to administer ketamine or Spravato® 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: Ketamine and Spravato® Are Controlled Substances That Are Subject to DEA Regulations

Ketamine and Spravato® are Schedule III controlled substances that are subject to controlled substance laws and regulations under the Drug Enforcement Administration (“DEA”). Providers who administer ketamine or Spravato® should have a DEA registration and may need a DEA registration for their facility if they are administering and storing Continue reading ›

UPDATE: Can You Create a Patient-Provider Relationship Through Telemedicine?

December 18, 2025 | Little Health Law

Our healthcare and business law firm works with many physicians and other providers with their medical practices, including integrating telemedicine services into their practice and/or creating a full telemedicine practice. Our firm previously posted Can You Create a Patient-Provider Relationship Through Telemedicine? on March 12, 2024, which gives an overview of how a patient-provider relationship can be created in Georgia through telemedicine. We have recently encountered other issues related to telemedicine, including whether good faith exams can be offered via telemedicine in the med spa context. This post discusses updates that the Georgia Composite Medical Board has announced related to establishing a patient-provider relationship via telemedicine.

The telemedicine laws and rules have gone through major changes since the COVID-19 Pandemic, and the laws and rules continue to be in a state of flux. The federal rules govern prescribing controlled substances, but the majority of telemedicine rules are governed by state law. Generally, before a provider can prescribe any drug, the provider must have an established patient-provider relationship. An open question in many states we’ve continued to research is-Can you create a patient-provider relationship through telemedicine? This updated post dives into this question with updated insight, with a focus on Georgia rules. If you need assistance integrating telemedicine into your 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.

Each state is going to answer this question differently. Let’s dive into the rules in Georgia as an example of how to think through this question.

First, it’s important to understand what telehealth modalities are permitted in a given state. In Georgia, for instance, the definition of telemedicine is found Continue reading ›

Two Considerations When Offering IV Therapy as a Non-Practitioner in South Carolina

December 16, 2025 | Little Health Law

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 Continue reading ›

UPDATE: Two Considerations When Prescribing Compounded Weight Loss Drugs

November 26, 2025 | Little Health Law

Our healthcare and business law firm works with many providers who work with compounded medications. Our firm previously posted Two Considerations When Prescribing Compounded Weight Loss Drugs on July 14, 2025, which gives an overview of several considerations that providers should consider before prescribing compounded weight loss drugs as part of their practice. We have recently encountered other issues related to compounded weight loss drugs, including prescribers offering compounded glucagon-like peptide-1 (“GLP-1”) drugs with ingredients such as retatrutide and cagrilintide, that have created separate legal risks regarding compounded weight loss drugs. If you are interested in prescribing compounded weight loss drugs as part of 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.

Background

Retatrutide is a GLP-1 peptide that has shown promise in clinical trials as a weight loss drug, but the Food and Drug Administration (“FDA”) has not approved retatrutide for any nonexperimental use in humans. Cagrilintide is different from a GLP-1 drug and has also shown promise as a weight loss drug along with semaglutide, the active ingredient in popular weight loss drugs like Ozempic® and Wegovy®, and Novo Nordisk, the maker of Ozempic®, has a clinical trial to determine if cagrilintide can be an effective weight loss drug standing alone.

First Consideration: The FDA Prohibits Providers from Compounding Retatrutide and Cagrilintide

The FDA has recently issued guidance expressing the agency’s concerns about providers prescribing unapproved GLP-1 drugs for weight loss. In this guidance, the FDA explicitly stated that retatrutide and cagrilintide cannot be used in Continue reading ›

Two Considerations When You Discover a Medicare Billing Error or Overpayment

November 24, 2025 | Little Health Law

Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Our clients often ask what they should do when they discover a billing error or overpayment. Billing errors and overpayments can carry substantial legal risks, so it is important to be compliant when faced with a billing error. This blog covers two considerations that providers and practices should consider when they discover a billing error or overpayment for services covered under Medicare. If you need assistance responding to a billing error or overpayment 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: Providers Have Sixty Days from Identifying the Overpayment to Report and Return the Overpayment

If a person (e.g., a physician, supplier, or any individual or entity that is not a Medicare patient) receives an overpayment from a Medicare payor, the person generally must report the overpayment (including a description of the reason for the overpayment) and return the overpayment to the relevant payor within sixty days of the date on which the physician or other supplier identified the overpayment (or knowingly received or retained an overpayment). Federal law also contains a “lookback period,” which means that the provider must report and return an overpayment if the provider identifies the overpayment within Continue reading ›

Two Considerations When Offering Ablative Laser Therapy as Part of Your Practice

October 28, 2025 | Little Health Law

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 laser therapy as part of their practice. Laser therapy is being offered at med spas as cosmetic procedures and carries legal risks.

Our previous blog post discussed non-ablative, cosmetic lasers, while this blog post discusses ablative cosmetic lasers. If you need assistance setting up a practice to provide ablative laser therapy 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: Providing Ablative Cosmetic Lasers Constitute the Practice of Medicine

Unlike non-ablative cosmetic lasers, which do not damage the skin’s epidermis layer, ablative cosmetic lasers, such as carbon dioxide and erbium lasers, typically involve damage to or removing the epidermis. As a result, providing ablative cosmetic lasers fall under general rules for practicing medicine. The Georgia Medical Board has more restrictions on ablative cosmetic lasers than on non-ablative cosmetic lasers, such that, for example, a senior laser practitioner entered into a Consent Order for operating without a license when the practitioner used CO2 ablative lasers because using CO2 ablative lasers “is the practice of medicine.”

Second Consideration: Practitioners Should Consider Their Scope-of-Practice Rules Before Providing Ablative Cosmetic Lasers

Because providing ablative cosmetic lasers falls under the practice of medicine, practitioners need to consider whether Continue reading ›