California Medical Spa Lawyer : What You Need to Know
California Medical Spas – Here’s What You Need to Know from California Medical Spa Lawyer Sebastian Gibson
California Medical Spa Lawyer Sebastian Gibson today’s core practice is representing Registered Nurses and Nurse Practitioners throughout the state of California to setup their medical spas. It’s been a rewarding practice but also one in which we see nurses losing out on retaining as much of the profits as they could from opening a medical spa in California. Here’s what you need to know for your medical spa to be more profitable.
As one of California’s Most Recognizable California Medical Spa Lawyers, too often as a California Med Spa Lawyer we see Registered Nurses, Nurse Practitioners and Physician Assistants giving up their chance to be their own boss, and in the process of losing control of their medical spa, paying thousands of dollars either up front or even thousands more of their profits once they’re open to be part of a franchise or multi-state conglomerate corporation.
After the stress you’ve suffered as an employee under difficult conditions or overworked in a hospital or medical clinic, don’t lose your chance to truly become independent. After what nurses went through during Covid, it’s unfortunate to see them paying money to someone else for guidance that would be better provided by a California med spa attorney.
While it’s understandable that a nurse without much savings would be enticed by one of these companies thinking it will save them money, it’s heartbreaking to see them in such a situation paying money to the company store, year after year, instead of just the attorney fees at the start to be set up in compliance with California law and the guidance from the California Medical Board.
What We See As A California Medical Spa Lawyer Representing Only Nurses and PA’s
Registered Nurses and Nurse Practitioners come to California Medical Spa Lawyer Sebastian Gibson for legal representation and asking for help, and they tell Sebastian Gibson the considerable amounts of money they have given some companies who promise guidance and support. In return for thousands of dollars up front or a substantial percentage of their receipts, they say they are often left with far too little of an income and sometimes little guidance.
As a result, California Medical Spa Lawyer Sebastian Gibson has helped nurses extricate themselves from some companies or claw back the many thousands of dollars paid up front before being allowed to see all of the agreements they would have to sign with such a company, and relinquish control of their medical spa bank account that receives the fees patients pay for their aesthetic treatments.
The Good News and Some Good Advice From An Experienced California Medical Spa Lawyer
What makes a medical spa successful is almost totally in your hands and much of what will make you successful is free and to take advantage of it, simply requires work on your part.
A well designed website is essential. That will cost you some money if you hire an experienced web designer whose name you can often find by scrolling down to the bottom of the home page of other successful medical spa websites. But you don’t have to pay through the nose for your medical spa’s website to become successful. Later when you’ve made a success of yourself, then you can spend some of your savings to have an even more extensive website that will provide you with more traffic. On the other hand, spending too little for something that looks awful, isn’t going to do much for you.
When you have total control of your medical spa and with the guidance from an experienced attorney, once your medical spa has become successful, then you can think about possibly starting a line of products such as a skin care line. If that takes off, there is no telling how successful a business you can create as some of our clients are in the process of doing.
Look at other medical spa websites. And look for the one’s who have risen to the top of your search results in major cities to see what they say, what type of stock photos they’ve used and what type of services they’re providing. Then write your own story, choose the type of treatments and services you have the knowledge to provide (or can obtain by taking a course) and have a website that will create the vision of what you think will make people want to call you to book an appointment.
Choose a business name that will make people think they’ll look better, feel better, feel and look younger, look more beautiful, etc. Calling it “Riverside Avenue Medical Spa” or the name of a highway near by isn’t going to accomplish anything but possibly draw a few patients who live near that highway.
Choosing the Right California Medical Spa Lawyer for Your Medical Spa
As a California Medical Spa lawyer with over 45 years of experience, I have experience with trademark law both in litigation and in filing applications for trademarks. Similarly, I have experience in copyright law, business law, branding, tax law and other areas of law that I’ve handled and which is useful almost daily in advising my medical spa clients. If you hire an attorney who only knows what they learned in law school, I can tell you from experience as a California Medical Spa lawyer, that’s not all that much that will be helpful to you. They almost certainly don’t offer courses in med spa law as it’s too specific and relatively new, compared say, to family law.
In decades past, businesses had to pay small fortunes to be in the yellow pages for all of the cities they wanted to reach out to for business. Today, however, much of what can make a medical spa successful is free, but dependent on you to spend time you may or may not have with a family on all of the free marketing you can take advantage of.
First, there’s the internet which after having a website built, is free. Advertising on the internet is expensive, but not necessary. Take advantage of everything you can that is free instead. Post information and photos about your website everywhere. Facebook, Instagram, Reddit, Tik Tok, Linkedin, the avenues are endless. If you have to pay something on anything with all of the free marketing that’s available to you, skip it. Save your money and time for the free stuff you can take advantage of. Advertising is way too expensive these days especially when you consider what you can do for free.
If you have the knowledge, you can create videos to post on social media as many do. But you can also do a lot with well written content, stock images or photos you take yourself that you post.
The more time you spend creating content for your website, once you learn a little about SEO (search engine optimization) from the internet or someone savvy who’s learned it for their own website, the more Google will reward you. When your website shows up on a search on the very first page of search results, you’re starting to get the hang of it. The more content that you create which matches with what Google wants to see, for instance repeating the title and focus keywords or a key phrase throughout the content, but not too much (which can be considered “stuffing”) the higher your website will come in, in a person’s search results after searching for a medical spa in your area or for a type of aesthetic treatment you provide.
Location, Location, Location
Sure Rodeo Drive in Beverly Hills would be a great location. But it’s most likely going to be prohibitively expensive and crowded with medical spas that are glamorous and creatively built out.
But there are other wealthy neighborhoods in California which, if you do some investigation on the internet and driving around them, you may find ideal for you, especially if they’re not too far from where you live. Wasting time on the freeways to drive an hour or two away I can tell you as a California Medical Spa lawyer will take too much of your time that would be better spent on free marketing of your medical spa.
Even if you find there are one or two medical spas in an area you like and feel perfect for the type of aesthetic treatments you plan to provide, look up the other medical spas on line. If you see them doing poorly in search results or failing to take advantage of all of the free social network marketing you can utilize, they may not be all that much competition for you.
What Has the California Medical Board Provided in the Way of Guidance?
The guidance from the California Medical Board regarding medical spas in California can be found online by searching this phrase: “The Bottom Line California Medical Board.” It’s six pages of guidance and the bulk of what guidance the California Medical Board has put out over the years. Reading this guidance, it becomes clear that the California Medical Board does not like the actions of certain companies they’ve begun noticing acting contrary to law.
Per this guidance from the California Medical Board, they state clearly, “California law prohibits the corporate practice of medicine….Laypersons or lay entities may not own any part of a medical practice….In an attempt to circumvent this legal prohibition, some creative business and management schemes have emerged that violate the law. 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.”
We don’t know which companies the California Medical Board is referring to, but in our opinion, it makes much more sense to have a California Med Spa lawyer set up your medical spa in compliance from the start, than to pay a company month after month, year after year, a percentage of the money your medical spa brings in, regardless of whether the company is one that the California Medical Board is referring to.
The California Medical Board’s guidance also says this: “….businesses that control medical records, the hiring and firing of healthcare staff…and the approving or selection of medical equipment or drugs, violate the law.”
And what does the California Medical Board warn of to physicians? The California Medical Board says this: “There is no legal scheme that allows physicians to sign their name to an agreement to lend their license to an entity to practice medicine….physicians who become embroiled in these illegal arrangements may lose their license, or their livelihoods.”
The California Medical Board wants you to have a doctor that not only has the time, but spends the time and effort required to be your medical director per the guidance the California Medical Board has put out.
The California Medical Board Guidance Makes Things Perfectly Clear How They Feel and What the Law Requires
Under California law, a Registered Nurse, Nurse Practitioner or PA can only practice medicine in a medical spa setting by operating in a California Professional Medical Corporation in which a physician owns at least 51% of the shares and the nurse or PA or other allowed medical professional can own no more than 49% of the shares of the corporation.
Per the California Medical Board’s guidance, “The majority of stock in a medical corporation must be owned by California licensed physicians, with no more than 49% owned by other licensed health care professionals such as nurses, physician assistants, nurse practitioners, etc.” As a California Medical Spa Lawyer who follows California Medical Board guidance, this is how a medical spa should be set up under California law.
Unlike other states which have much more loose regulations, nowhere in the guidance from the California Medical Board does it state that a nurse can simply form an LLC to practice medicine in California while some gargantuan corporation elsewhere controls what the medical spa does by means of a corporate entity which hires and fires the physicians overseeing a large number of medical spas without the time to adequately do so.
The guidance from the California Medical Board makes very clear all of the obligations and responsibilities a medical director has who oversees a California medical spa. They may only delegate medical functions to appropriately licensed staff they know to be capable. They must supervise nurses, provide guidance and evaluation. They must be immediately reachable in the event of an emergency and be geographically available to provide effective supervision and support.
Per the California Medical Board’s guidance, the collaborating physician who becomes a medical spa’s medical director “who does not give direction, oversee or inspect, is not performing the task of supervising and is in violation of the law.”
And if a nurse is a party to this lack of supervision, to this skirting of the law in California, what of her license? “Nurses are responsible for their patients within their scope of practice,” the California Medical Board states, just as “physicians have the ultimate responsibility for the care of their patients.”
Protecting the Interests of Registered Nurses and Nurse Practitioners, California Medical Spa Lawyer Sebastian Gibson
California Med Spa Lawyer Sebastian Gibson has over 45 years of practice. A magna cum laude law graduate, with law degrees in both the U.K. and in California, Sebastian Gibson practiced first in San Diego, then practiced for a few years in London with Wall Street and large U.S. firms before opening his own law practice in the Palm Springs and Palm Desert area and in Newport Beach in 1984. California Medical Spa Lawyer Sebastian Gibson’s practice has remained in California since that date.
Most recently, California Medical Spa Lawyer Sebastian Gibson has been named a Top Lawyer consecutively for the past 14 years by the Prestigious Palm Springs Life Magazine and has been called “Brilliant” and “A Legend.” He has been rated “Superb” (their highest rating” by Avvo which rates attorneys all across the United States.
California Medical Spa Lawyer Sebastian Gibson has also written for the Daily Journal newspapers in Los Angeles and San Francisco, written thousands of pages of legal content on the internet and for Hg.org and is a published author. He has also been asked to appear on cable networks to provide legal analysis as well.
Before You Become Involved With A Corporate Management Organization That Could at the Very Least, Cost A Lot of Money for a Nurse…
Call the Law Offices of California Medical Spa Lawyer Sebastian Gibson at (760) 776-1810. You’ll speak directly with Sebastian Gibson who will be pleased to provide you with an overview of how we have to set up medical spas and mobile IV hydration businesses under California law and California Medical Board guidance. This is a free consultation in which California Medical Spa Lawyer Sebastian Gibson will answer all of your questions.
California Medical Spa Lawyer Sebastian Gibson represents nurse practitioners, registered nurses and PA’s all over California from our offices in Palm Desert and Newport Beach. Because there’s no need to come to our office, we can provide you with all of the agreements required and guidance by phone, email and priority mail (on those occasions when we need to send you original documents for signature or safe keeping).
We look forward to assisting you in your exciting new endeavor and keeping your nursing or PA license safe and more of the profits from the practice of medicine yours. Call California Medical Spa Lawyer Sebastian Gibson today at (760) 776-1810.
