
Legal
More States Release Guidance for IV Therapy Following Alabama’s Declaratory Ruling
By Bradford E. Adatto, JD, ByrdAdatto Intravenous (IV) therapy services have been a growing rage in the elective medicine ...
Posted By Mike Meyer, Monday, June 8, 2020
By Renee E. Coover, JD, ByrdAdatto
As you join the ranks of businesses that are re-opening across the country, you may be reconsidering how to compensate your employees in this post-pandemic environment. It is essential to keep in mind that every state still expects medical practices to compensate employees in compliance with state rules and regulations, and when it comes to compensation, a medical spa must play by a different set of rules than a traditional spa. A medical spa is considered a medical practice, while a spa operates as a retail enterprise. Compensating medical spa employees on a commission basis is quite common, but it can be a risky mistake in a state with certain statutes. Some states have strict rules that prohibit a physician from dividing compensation with a non-physician, called "fee-splitting." Other states do not have express fee-splitting rules but may still consider commissions to be unethical or unprofessional conduct. Here are three key things to know when considering how to compensate employees for providing medical services in your medical spa.
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Renee E. Coover, JD, is an associate with ByrdAdatto, a law firm focusing on business, healthcare, and aesthetics. She has a unique background, blending litigation with healthcare law. A former litigator in high-stakes employment cases, Renee has extensive experience with counseling and representing businesses in employment matters, policies, and contract disputes, and defending business owners in state and federal trials. She has also served as General Counsel for the American Med Spa Association, advising health care professionals on regulatory and legal issues governing the medical spa industry.
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