CAMLAW: Complementary and Alternative Medicine Law Blog

Legal & Liability Issues of a Medical Spa

I've come across a book enitled "Legal & Liability Issues of a Medical Spa," though it's a bit pricey.

Coauthored by a different Cohen, Legal & Liability Issues of a Medical Spa is advertised by a PCI Publishing. The table of contents features federal as well as state law issues, including:

Federal Issues

Food and Drug Administration

Mission Statement of the Food and Drug Administration
Definition of a Cosmetic
Definition of a Drug
Definition of an Over-the-Counter Drug
Definition of a Hazardous Substance
Definition of a Medical Device
How the Food, Drug & Cosmetic Act Defines a Device
Definition of Laser Hazard Classifications
FDA Takes Action Against Fraudulent Devices
Alpha Hydroxy Acids For Skin Care
Overview of the Medical Device Regulations
What is a Medical Device?
Classifications of Medical Devices
What is Premarket Notification 510k
Who Must Submit a 510(k)
Classification
Labeling and Indications for Use
Laser Hazard Classifications
Prescription Use Vs. Over-the-Counter Device
Labeling Requirements
Prescription Device
Occupational Safety and Health Act
Introduction
Purpose of the Act
Bloodborne Pathogen Act
Purpose
Recordkeeping
Engineering Controls
Hazard Communication Standard
Purpose
Exposure Control Plan
Employee Input & Documentation
American National Standards Institute
Introduction
Laser Safety At A Glance
Overview of Controls
Health Insurance Portability and Accountability Act (HIPAA)
Introduction
Are Medical Spas Required to Comply?
Medicare and Medically Necessary Procedures
Cosmetic Procedures vs Medically Necessary
Accreditation and Credentialling

State Issues

Licensing of a Cosmetology Facility
Licensing of a Medical Facility
Example: Florida
Example: Texas
Example: California
Licensing of Personnel
Esthetician Licensing in Medical Practices Survey
Example: Wisconsin: Delegated Medical Procedures

Liability Issues

Delegation of Services/Defining Medical Supervision
Direct Personal Supervision
Coverage and Limitations
Medical Director
Written Policies and Procedures
Corporate Practice of Medicine
Hiring a Physician State Law Example
Who's Insurance Covers"
Product Liability
Respondent Superior
Borrowed Servant Rule
Ethics
What is a State Medical Board?
Medical Boards

From the list there does not appear to be discussion of overlap between medical spas and complemnetary and alternative medical therapies, although there may be some discussion of disciplinary issues under the "medical boards" subcategory.

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Michael H. Cohen, Esq.; 468 North Camden Dr. | Beverly Hills, California 90210 | 310-844-3173