Rapidly becoming one of the most hotly contested issues in aesthetics law is the role of the medical director. Who can serve as a medical director? What are the requirements of the person in this critical position? Where do you even find someone? Justin Marti, attorney and principal at Marti Law Group, provides legal information on the requirements for filling this important role in a medical spa.
WHO CAN ACT AS A MEDICAL DIRECTOR?
You may have heard this before—and please don’t be upset—but, it depends. Though the answer to who can act as medical director of a medical spa tracks closely with the question of who can own a medical spa, there are some significant variances. Generally, a medical director candidate will fall into one of three buckets. First, due to Corporate Practice of Medicine (CPOM) restrictions, some states allow only a physician to act as the medical director. In strict CPOM states, such as California, despite allowing certain licensed individuals to own a minority share of a medical practice, the role of medical director may only be filled by a physician. Next, in independent practice states that allow a nurse practitioner (NP) to own a medical practice, the NP may also act as medical director after meeting certain criteria. The third and final bucket of directorship are those states that, in addition to physicians and NPs, allow a physician’s assistant (PA) to fill the role, as long as there is collaborative agreement in place with a doctor.
WHAT ARE THE REQUIREMENTS OF THE MEDICAL DIRECTOR?
Once again, state statutes and medical board opinions vary widely in the list of duties required of the person filling this role. Generally, the medical director is tasked not only with oversight of the clinical team in a medical spa, but also for writing and disseminating clinical policies and procedures, hiring and training clinical staff, and ensuring compliance with everything from continuing education to OSHA and HIPAA requirements. The duties list can lead down a rabbit hole rather quickly, as the regulations vary as to how initial consultations must be handled, how often the medical director needs to be on-site, and what provider headcount limitations may exist (that is, how many NPs, PAs, and/or other clinical providers may one medical director oversee). Unsurprisingly, this role is not one to be taken lightly, as liability for the negligent acts of the clinical team members will likely rise to the medical director themselves. For folks considering the role of medical director, it is wise to not only obtain your own medical malpractice insurance, but layer on an administrative liability policy, which aims to limit exposure stemming from the administrative duties that are a key element of the position.
WHERE DO MEDICAL SPA OWNERS FIND A CREDIBLE MEDICAL DIRECTOR?
For medical spa owners who lack a personal relationship with a properly licensed provider who can fill the role, the number of services that will locate and contract a medical director for your practice continues to increase. As opposed to merely finding a medical director who has minimal (if any) involvement with your medical spa, you should seek out individuals who want to be an extension of your practice and will ensure compliance with the requirements of your respective state guidelines. Simply because someone is willing to put their license on the line for a monthly fee does not mean they will properly fill the role. A collaborative approach by both the practice management and the medical director will ensure alignment between the clinical and non-clinical teams, and thus, minimize the chances of a negative outcome and/or how such an incident is handled.