Little Health Law Blog
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 as Texas or California, either prohibit nurse practitioners from owning medical practices entirely or from owning a majority of a medical practice, allowing nurse practitioners to own less than 50% of a medical practice with a physician.
Second Consideration: Nurse Practitioners May Need to Consider Other Laws Before Setting Up a Medical Practice or Med Spa
States may also have other laws that restrict nurse practitioners’ ability to own a medical practice or med spa. In Georgia, for example, state law prohibits nurse practitioners from employing their delegating physician, and the Georgia Medical Board has not yet decided whether nurse practitioners can have a majority ownership of a facility if a delegating physician is hired. However, the Georgia Medical Board has said that physician assistants cannot have a majority ownership of a facility if a supervising physician is hired but must only have a minority ownership. Georgia and most other states have laws restricting physicians and non-physicians, such as nurse practitioners, from splitting fees for medical services if the fee-splitting is done to induce or reward patient referrals.
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.