Compliance With California Med Spa Requirements
Compliance With California Med Spa Requirements
Unless you’ve been talking with a large out-of-state company wishing to entice you to join their franchise type of business structure by convincing you that all you need to practice medicine in California is an LLC, you know that’s not what the California Medical Board guidance requires for compliance with California med spa requirements and that you must collaborate with a California licensed physician in a Professional Medical Corporation to open a medical spa.
If you are a Registered Nurse, Nurse Practitioner or a Physician Assistant, in order for you to be in compliance with California med spa requirements, you must collaborate with a knowledgeable and geographically available physician to be your medical director with a signed Medical Director Agreement which sets forth all of the obligations and responsibilities of the physician. Under California law, a nurse or PA can own 49% of the Professional Medical Corporation while the physician will own 51% of the Corporation.
However, That’s Only the Start to be in Compliance with California Med Spa Requirements
There are a host of agreements, corporate documents and forms which an attorney must draft for a registered nurse or nurse practitioner (the most common medical professionals teaming up with a physician to open a medical spa) which must be signed before further requirements can be met.
In addition to the Professional Medical Corporation that is formed, it is common to also form an LLC to serve as the medical spa’s management service organization (MSO). The function of the MSO is to handle the day to day administration of the medical spa, order supplies and equipment and serve other functions for which it is reimbursed by the Professional Medical Corporation.
Compliance with California Med Spa Requirements – The California Medical Board’s Involvement in California Medical Spas
In order to be in compliance with California med spa requirements, only when the Professional Medical Corporation has been fully formed with Bylaws and Minutes and it’s shares issued to the physician and the nurse or PA for instance, and the Medical Director Agreement has been signed by the physician who will serve as the medical spa’s medical director, can California Med Spa Lawyer Sebastian Gibson submit an Application for Fictitious Name Permit to the California Medical Board for a business name like “Super Duper Med Spa” instead of a business name that has the physician’s name in it.
Inexperienced attorneys have been known to fail to do name checks for the fictitious business name the nurse or the doctor has chosen for the business. When that happens, the California Medical Board can deny the application for the fictitious name permit or worse, if granted and someone else has been using the name chosen anywhere in the United States or a name too similar, the parties forming the medical spa may receive a nasty “Cease and Desist” letter from an attorney for the parties already using the business name.
Compliance with California Med Spa Requirements – The Many Complex Requirements for California Medical Spas by the Medical Board
At the Law Offices of California Medical Spa Lawyer Sebastian Gibson, we spend many hours of every day following the regulations of the California Medical Board and California law to ensure that our medical spa clients are in compliance with California med spa requirements.
Forms must be prepared for a number of California agencies and many of those forms have filing fees as well. Those fees are in addition to the costs we incur in forming the Professional Medical Corporation and an LLC to serve as the medical spa’s MSO.
Numerous contracts and corporate documents must be drafted before a California Medical Spa can be opened in compliance with California rules and regulations. California Med Spa Lawyer Sebastian Gibson also coordinates with our clients’ CPAs to form the two corporate entities the way a client’s CPA (who eventually will be preparing our client’s tax returns) to ensure that the corporate entities have been formed in the best way possible to reduce the taxes required to be paid by the parties involved with the medical spa while still in compliance with California med spa requirements.
Problems That Can Arise and Conflict with Being In Compliance with California Med Spa Requirements
California Med Spa Attorney Sebastian Gibson is often approached by more than one nurse who want to team up with a physician to operate a California medical spa. Unfortunately, only one of those nurses can own the 49% of the shares of the Professional Medical Corporation unless the Corporation has two physicians, which would make no sense for the nurse. The law was drafted such that the legislators apparently did not want the Medical Director who owns 51% of the Professional Medical Corporation to be outnumbered.
Another problem some nurses face is when they approach our law firm stating that an investor wants to be involved in the medical spa and reap some of the profits naturally of the medical spa. That is simply not allowed in California. Lay persons cannot profit from the practice of medicine in California. Even if a non-medical professional husband or wife of the nurse wants to be involved, the most they can do is own part of the MSO (the LLC handling just the administrative matters of the medical spa). California Med Spa Lawyer Sebastian Gibson feels there are further restrictions as well in such a circumstance.
One of the Most Recognizable Med Spa Lawyers in California, Sebastian Gibson
If you’re a registered nurse, nurse practitioner or physician assistant looking to open a medical spa with a California physician who is willing to serve as the medical spa’s medical director, California Medical Spa Lawyer Sebastian Gibson is the right choice for you.
With over 45 years of experience, California Med Spa Attorney Sebastian Gibson has been named a Top Lawyer by the prestigious Palm Springs Life magazine for the past 14 years in a row. A magna cum laude law graduate both in Wales, Great Britain (Cardiff University) and in California (the University of San Diego School of Law), after graduating cum laude from UCLA as well, Sebastian Gibson has been called “Brilliant” and “A Legend.”
Sebastian Gibson has written for the Los Angeles and San Francisco Daily Journal and is also a published author. He has written extensively on the internet for HG.org as well as hundreds and hundreds of pages of content for his website. He has also been asked to appear on cable news channels to discuss legal topics.
California Medical Spa Attorney Sebastian Gibson graduated early from high school at the age of 16 to join an international performing cast which included award winning actress Glenn Close and performed all over the U.S. and internationally, including before Pope Paul VI and meeting him at the Vatican as well as on national television with Bob Hope and then Governor Ronald Reagan.
After graduating from UCLA and then after obtaining two three-year law degrees in California and the U.K. in the space of just four years, California Med Spa Lawyer Sebastian first practiced law for a few years in San Diego before joining prestigious Wall Street firms in London where he practiced in London for a number of years and was posted on occasion to other countries such as the Sudan and Saudi Arabia, and traveled all over Europe and the Far East to Japan and Hong Kong.
In 1984, California Medical Spa Lawyer Sebastian Gibson formed his own law firm in the Palm Springs – Palm Desert area and later added an office in Newport Beach. For a time, he also had a further branch of his law firm in San Luis Obispo.
Today, California Medical Spa and IV Hydration Lawyer Sebastian Gibson represents clients throughout California and internationally and his website has a wide audience primarily throughout California but also from over a hundred and fifty countries.
The area of law Sebastian Gibson enjoys most, however, is assisting nurses in the formation of medical spas and IV hydration businesses in California. “It’s more rewarding than any area of law I’ve practiced in my long career.” Nurses are so devoted to the practice of medicine and for so very long have not been compensated sufficiently for the stress they endure as nurses and the long hours they put in on their jobs.
Finally, with the advent of medical spas and mobile IV hydration therapy, nurses can be their own boss and reap the rewards of how every much they put into their business.
For this reason, it is unfortunate to see so many nurses be convinced to be involved with companies who advertise on the internet, claim that they will guide the nurse in the operation of a medical spa if they pay thousands and thousands of dollars to them either up front or as a percentage of what the medical spa takes in from their patients and some claim that all a nurse will need to practice medicine in California is an LLC, contrary to what is required to be in compliance with California med spa requirements.
When a nurse essentially becomes an employee of these large franchise type of companies or multi-state conglomerates, they lose the opportunity to truly have their own business free from being able to earn everything they’re entitled to as a result of their hard work. Often the more the medical spa makes as a result of the hard work by the nurse, the more that they are talked into paying these companies that entice them.
California Med Spa Lawyer Can Guide You Through What’s Necessary for You to Be in Compliance with California Med Spa Requirements
When you as a registered nurse, nurse practitioner or physician assistant retain California Medical Spa Attorney Sebastian Gibson to set up your medical spa or mobile IV hydration business with a collaborating physician, we’ll take care of handling the complex requirements for California Med Spas in the setup of your business so that it’s in compliance with California med spa requirements.
California Med Spa Lawyer Sebastian Gibson will keep you advised every step of the way as we set up your medical spa, draft all of the required contracts and corporate documents and at the end of the process we’ll provide you with hard bound Corporate Record Books with copies of all of your important documents, the share certificates, corporate seals and tabs for all of the agreements the Corporate Record Books contain.
Then if you’re ever investigated by the California Medical Board you’ll be totally prepared and organized unlike what we’ve seen when a nurse has essentially become a small cog in the corporate machine of a conglomerate which will then need California Med Spa Lawyer Sebastian Gibson to perform a compliance review and remedy what’s missing from the med spa’s setup in order to be in compliance with California med spa requirements.
You’ve worked so hard to get to this point. You’ve obtained the nursing license to be the type of nurse you want to be. You’ve endured the stress of working at a hospital or medical clinic and if you were working during Covid, you endured more stress than you ever thought you could handle.
Now take the final step to becoming an entrepreneur and creating a medical spa and performing the aesthetic treatments you’ve been trained to perform or creating a mobile IV hydration business which you can transition into a bricks and mortar medical spa without any additional setup when you feel more confident or have the money saved up to open your own medical spa location.
Call California Medical Spa Lawyer Sebastian Gibson today at (760) 776-1810 and start planning your medical spa or IV hydration business and being in compliance with California med spa requirements, California law and the guidance from the California Medical Board.
