JUL-AUG 2019

MedEsthetics—business education for medical practitioners—provides the latest noninvasive cosmetic procedures, treatment trends, product and equipment reviews, legal issues and medical aesthetics industry news.

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on-site medical care also apply to off-site treatments. New patients must be examined by a doctor, nurse practitio- ner (NP) or physician assistant (PA) prior to being treated. Proper records must be kept. Consent forms must be signed. Before and after photos should be taken. Every- thing you are legally required to do when you perform botulinum toxin injections in your practice or medspa must be done at a Botox party. Additionally, check with your insurance carrier before the party to confi rm that you have coverage for off-site treatments, and double-check local ordinances regarding serving alcohol—you may need to obtain a permit for this. THE EXAM A patient being treated by a registered nurse (RN) without fi rst seeing the doctor, NP or PA is the biggest legal risk of Botox parties, or any other social event involving medical aesthetic treatments. Even if the patient consents to being treated by the RN without fi rst seeing a doctor, the RN is not allowed to inject the patient without the initial exam. This can be diffi cult to monitor at these types of events because unexpected guests may arrive, alcohol is some- times being consumed and everyone is more relaxed. However, this is a step that must be followed. RNs cannot practice medicine. Therefore, they cannot legally perform the initial assessment, establish the physician-patient relationship and set a treatment plan. INFORMED CONSENT Obtaining patient consents—including privacy waivers, since treatments are usually performed out in the open— is also important. Providers should be mindful of patients consuming alcohol as well. While obtaining consent from people who have been drinking is not strictly illegal, alcohol makes people less inhibited and often clouds judg- ment, which is not good when it comes to such matters. All prospective patients should give consent before they begin drinking, and you should try to keep the imbibing to a minimum. You should also be mindful of photos and social media posts. These events are ideal for marketing purposes— people are having fun, everyone is happy and you remove many of the clinical aspects of aesthetic medicine. However, you need to be careful when photos or videos are posted. Every patient is entitled to privacy, and if any of them fail to sign a release and an authorization to use their photos, you risk breaching that. These events are broadly legal, but are they worth it? For many providers, the answer is yes, provided you strictly adhere to legal guidelines. Botox parties and similar social events are great ways to introduce new patients to your practice and procedures. Medspas often offer discounts to patients who pre-book future or additional treatments the night of the event. It's not uncommon for a provider or practice to earn six fi gures in treatments and bookings with just one Botox party. However, you must be vigilant with your compliance efforts. I urge providers to move cautiously when planning and hosting one of these events. Do your homework and ensure you understand your state laws. Go easy on the alcohol. Make sure you've got proper insurance coverage and, if you have any questions whatsoever, consult a quali- fi ed healthcare attorney in advance to confi rm that all the proper documentation is in place, the required personnel are available and all rules are observed. Alex R. Thiersch, JD, is a healthcare attorney who represents medspas and aesthetic medical professionals. He is the founder and director of the American Med Spa Association (AmSpa) and a partner at the ByrdAdatto law fi rm. Contact him at 26 JULY/AUGUST 2019 | Med Esthetics LEGAL ISSUES © GETTY IMAGES If your state allows you to perform injectable treatments outside the offi ce, remember the same rules governing on-site medical care also apply to off-site treatments.

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