We recently spoke to Jerry Diza from Pacific Reliance about one of the hottest topics in medical aesthetic law and concierge medicine: IV Hydration Compliance. We've written on the topic before, covering some of the gray areas of the law. In this conversation, Justin Marti answers some frequently asked questions, including:
Who can administer IV hydration?
What are the rules for compounding IVs?
Can you offer a menu of IV treatments?
What should your practice do to remain compliant?
Watch the full video below. Or, scroll down to read a summary of key takeaways.
Ownership and Administration
IV hydration therapy is considered a medical procedure, or the "practice of medicine." This impacts who is allowed to administer IVs as well who can own the business where the treatment takes place. Each state has its own laws regulating these considerations. In Texas or California, for example, strict CPOM states, a physician needs to own the practice administering IV therapy. In an "independent practice" state, rather, a nurse practitioner may be able to own the business offering IV hydration.
Beyond ownership, individual state regulations also dictate who can administer the IV.
Because IV hydration is a relatively new trend, many practices have gotten away with less than compliant procedures because of a lack of clarity and oversight from state regulators. However, regulators like medical and nursing boards are working to clarify regulations and cracking down on practices that are not following proper protocols. Practices and clinics need to make sure they are well versed in their state's regulations on ownership and administration.
Compounding
Can providers compound IVs in the office? Does it have to be purchased from a compounding pharmacy? We'll use our favorite phrase here: it depends. Individual states have very specific rules on compounding, including how many medications can be combined, by whom, and in what setting.
If you are in a state that allows you to compound in your office, you are now also under the jurisdiction of your state's pharmaceutical board. If you compound on site, you need to do so in a manner compliant with your state's regulations, in a sterile environment, and with specific equipment.
For those who order compounds from pharmacies, be sure to vet the compounding pharmacy you're working with to ensure they are providing a safe and effective treatment. There have been reports of some compounding pharmacies mixing fraudulent or unsafe compounds.
Offering IV Treatments on a Menu
While menus can offer a fun experience for your patients, remember that unlike ordering a cocktail, IVs contain a combination of medications. If a patient chooses a treatment from a menu, a provider still needs to perform a Good Faith Exam to determine whether or not the treatment is suitable for the patient. Ultimately, the provider has the final say regarding a patient's treatment, and not the other way around.
Recommendations for Practices
Stay informed of state regulations, and be proactive in building a compliant practice. (We anticipate stricter regulations from more states in the near future.) Work with a legal team that is up-to-date on your specific state's guidelines.
Always ensure a properly-licensed provider conducts a thorough Good Faith Exam.
You can never have enough documentation to protect yourself and your business. Have a legal team create or review your patient consent forms, policies, and procedures.
Work with Marti Law Group to Remain Compliant
With a team dedicated to research, we work to stay a step ahead of trends and regulations to ensure our clients build compliant, protected practices. Plus, Marti Law Group Members have access to a library of state-specific regulations, downloadable consent from and procedure templates, education, attorney hours, and more. Reach out to learn more about our flat fee services or membership.
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