California Med Spa IV Hydration Attorney Sebastian Gibson
California Med Spa IV Hydration Healthcare Attorney Sebastian Gibson, Today With Over 45 Years of Experience
More and more nurses throughout the state of California are turning to California Med Spa IV Hydration Attorney Sebastian Gibson for help in setting up their California Medical Spa or Mobile IV Hydration Infusion Therapy Business. We represent registered nurses, nurse practitioners, physician assistants and physicians from San Diego, Orange County and Los Angeles to San Jose, Santa Rosa, San Francisco and Sacramento and everywhere in between.
When you call our office for assistance with opening a medical spa or mobile IV hydration business, you’ll speak directly with Healthcare Attorney Sebastian Gibson. We’ll give you an overview of what’s required under California law and guidance from the California Medical Board so you know exactly what’s required to be compliant and how to protect your medical license as a registered nurse or nurse practitioner. And don’t worry about needing to come to our office. We handle everything with emails and mail to save you the need to come see us.
Our primary goal in assisting nurses to set up their medical spa, mobile IV hydration business or mobile medical clinic is to set up your new venture within the guidelines of California Medical Board guidance so your nursing license is not at risk. So whether you’re a nurse in the Fresno, Palm Springs, Newport Beach, Irvine or Anaheim, Oakland, Long Beach or Stockton, you can count on Sebastian Gibson to provide you with the advice, guidance, contracts and assistance you need to start your new endeavor.
Whether you’re a Registered Nurse, Nurse Practitioner or a Physician Assistant, California Med Spa IV Hydration Attorney Sebastian Gibson can help you understand what’s required under California law help you become compliant with California Medical Board guidance. The California Medical Board investigates medical spas in California so you want to make sure your med spa or mobile IV hydration infusion therapy business is set up correctly from the start.
California Med Spa IV Hydration Attorney Sebastian Gibson and the Law
California Med Spa IV Hydration Attorney Sebastian Gibson has been named a Top Lawyer for the past 14 years by the prestigious Palm Springs Life Magazine. With law degrees in both California and in Great Britain, Sebastian Gibson has been called “brilliant” and “a legend.”
A graduate of UCLA (cum laude), the University of San Diego School of Law and Cardiff University in Wales (magna cum laude), and with law degrees in both California and Great Britain, California Med Spa IV Hydration Attorney Sebastian Gibson has over 45 years of practice as an lawyer both in California and in London.
Today, one of the primary focus of his practice from offices in Newport Beach and Palm Desert is the representation of medical professionals, especially registered nurses, nurse practitioners and physician assistants in their collaboration with physicians to open medical spas and mobile IV hydration infusion therapy businesses in California.
Requirements to Open a Medical Spa or IV Hydration Infusion Therapy Business in California
Because the operation of a medical spa or mobile IV hydration infusion therapy business in California is the practice of medicine, a Professional Medical Corporation must be formed. Under California law, a physician must either own the practice, or must be employed or contracted by a physician-owned practice or a medical corporation.
The majority of stock ownership, i.e. 51% or more of a professional medical corporation must be owned by a California licensed physician or physicians. No more than 49% of the stock ownership may be owned by other licensed medical professionals such as registered nurses, nurse practitioners, physician assistants or any of the 15 allowed types of medical professionals set forth in California Corporation Code Section 13401.5(a).
The most important aspect of the law with respect to medical spas and IV or mobile IV hydration businesses in California is that no lay person may own stock in a professional medical corporation or receive a share of the profits of such a business.
Today, in an attempt to circumvent the legal prohibition against lay persons owning a share in a Professional Medical Corporation, whether it operates a medical spa, a mobile IV hydration infusion therapy business or any medical practice, the California medical board has warned that “creative business and management schemes have emerged to violate the law.”
The California Medical Board has warned that “Businesses that provide management services, franchises or other models that result in any unlicensed person or entity influencing or making medical decisions are in violation of the law.”
At the law offices of California Med Spa IV Hydration Attorney Sebastian Gibson, we are frequently asked to review contracts offered to nurses and other medical professionals by businesses operating in California. If you need help evaluating the legality of such business arrangements, call California Med Spa IV Hydration Attorney Sebastian Gibson before you agree to an expensive arrangement with such a company.
Creating a Medical Spa or Mobile IV Hydration Infusion Therapy Business in California
Before forming a Professional Medical Corporation with the required ownership allowed under California law, the first thing medical professionals must do is collaborate to enter into a business arrangement that is satisfactory to those involved.
A true collaboration must exist between the medical professionals and sometimes this can be the most difficult step for a nurse or physician to make. While there are nurses and doctors eager to become involved in starting a medical spa or IV hydration business, the difficulty can sometimes be in finding each other.
Ever since the pandemic began, nurses and doctors have been under more stress than ever before. As a result, many have begun to look for a less stressful way to make money and a way to have greater control over their lives and the time spent in the practice of medicine.
Medical spas and mobile IV hydration infusion therapy businesses have offered that solution for nurses and doctors alike.
When a registered nurse, nurse practitioner or physician assistant is able to make a connection with a similarly interested physician in opening such a business, the next step is to find an attorney knowledgeable in drafting the legal agreements, forming the necessary legal entities, correctly filling out a host of forms required by California state, county and federal agencies, and providing the necessary guidance to the medical professionals to be compliant with California law.
At the Law Firm of California Med Spa IV Hydration Attorney Sebastian Gibson, we are such a law firm, and we’re ready to provide that assistance to you without delay.
Legal Agreements for Your California Medical Spa or IV Hydration Infusion Therapy Business
Before we even start to form a Professional Medical Corporation for a nurse and physician, the first thing we do is to draft three agreements for the physician to look over. The most important of the three agreements is the Medical Director Agreement.
This is a complex agreement, but of primary importance is what the physician who will become Medical Director will receive in compensation. This is something which must be worked out between the nurse and the physician involved in creating the medical spa or IV hydration therapy infusion business. However, we can provide guidance to whomever our client or clients are in the new business.
Once the physician has reviewed the three agreements we draft for the doctor who will serve as Medical Director and provide supervision to the nurses and/or other medical professionals involved in the med spa or IV hydration infusion therapy business, or the doctor has had his/her attorney review the agreements, then we can form the Professional Medical Corporation.
A Professional Medical Corporation must be formed. Not a general corporation. Not a nursing corporation. And not an LLC. Once formed, bylaws and organizational minutes must be drafted and share certificates issued. Forms must also be filed with California and Federal agencies.
A slew of additional agreements must also be drafted between the parties and the Professional Medical Corporation and an MSO to handled the administrative matters of the business.
Call For A Free Consultation with California Med Spa IV Hydration Attorney Sebastian Gibson
When you call California Med Spa IV Hydration Attorney Sebastian Gibson for a free consultation, we’ll provide you with an overview of the entire process and what’s required in order to be compliant with California law and the guidance and regulations of the California Medical Board.
It’s a complex endeavor which requires a great many agreements to be drafted and much more than simply forming a corporation and an MSO.
Nurse Practitioners and California Medical Spas
Nurse practitioners are granted much more autonomy than registered nurses. However, until a nurse has the required 4600 hours or 3 years of full-time clinical experience to become more independent, a Medical Director is still required for supervision of a nurse practitioner operating a medical spa or IV hydration business in California.
While such independence is likely not forthcoming for most nurse practitioners until 2026, in the meantime, however, nurse practitioners may be delegated the task of providing the appropriate prior examination of patients and ordering drugs or prescriptive devices for a patient if acting under standardized procedures.
Qualifications and Responsibilities of A Medical Director Physician Supervisor
Physicians must be knowledgeable and competent in the procedures being practiced in a medical spa. This means that in order to provide guidance, direction and oversight, they must be knowledgeable and competent in the procedures and may only delegate to those that they know to be competent and capable of performing the tasks.
While nurses are responsible for their patients within the scope of their practice, physicians must understand that they have the ultimate responsibility for the care of their patients. A physician may not simply rent their name to a medical spa or IV hydration infusion therapy business, mobile or not, and escape any liability or responsibility for the patients.
If a medical spa or IV hydration infusion therapy business is investigated by the California Medical Board in conjunction with the California Department of Consumer Affairs, among the likely aspects to be part of an investigation will be the amount of and competency of involvement of the Medical Director with the medical spa or IV hydration infusion therapy business, what agreements, protocols, standardized procedures have been created, what financial arrangements have been made, and whether lay persons are involved in the practice of medicine.
Medical professionals operating a medical spa or IV hydration business, mobile or not, in California should also consult with an experienced CPA in order to ensure the compensation of the parties is appropriate in what the IRS or the Franchise Tax Board may feel.
California Med Spa IV Hydration Lawyer Sebastian Gibson
California Med Spa IV Hydration Attorney Sebastian Gibson is the lawyer to have on your side when entering into an arrangement with another medical professional to operate a California medical spa or mobile IV hydration infusion therapy business.
Named a Top Lawyer for the past 14 years and determined to be “Superb” by Avvo (their highest rating) which rates lawyers all over the country, California Med Spa IV Hydration Attorney Sebastian Gibson is the right lawyer for the task ahead of you.
At the law offices of Sebastian Gibson, we represent nurses throughout the State of California involved in the creation of a California med spa or mobile IV hydration infusion therapy business.
Call California Med Spa IV Hydration Attorney Sebastian Gibson for a free consultation today at (760) 776-1810 or email us at SgibsonEsq@aol.com
California Med Spa IV Hydration Attorney Sebastian Gibson is available to speak at nursing conferences and conventions in California and Nevada where he can explain in more detail the requirements and applicable provisions of California law and what’s required to be compliant under guidance from the California Medical Board.
It’s an exciting time to be a nurse. Learn from Healthcare Lawyer Sebastian Gibson how you can be an owner and operate your own medical spa or IV hydration infusion therapy business together with a Medical Director and take control of your career away from today’s stressful environment for most nurses.
