California Medical Director Agreement Lawyer
California Medical Director Agreement Lawyer Sebastian Gibson, Named A Top Lawyer 13 Years in a Row and with Over 45 Years of Experience.
When you call California Medical Director Agreement Lawyer Sebastian Gibson for a free consultation from anywhere in California from San Jose or Santa Rosa to Los Angeles or Orange County and anywhere in between, we’ll give you an overview of what’s required by law in California to operate a medical spa or IV Hydration business. The cornerstone of your new business is the Medical Director Agreement. Don’t worry about coming to our office. There’s no need. We handle everything now by email and with Priority Express Mail when sending documents.
California Medical Director Agreement Attorney Sebastian Gibson represents nurse practitioners, registered nurses, physicians and physician assistants throughout the state of California. There’s no need to come to our offices in Palm Desert or Newport Beach. With emails and by phone, we provide support and guidance to nurses in their new endeavors by drafting all of the key contracts and agreements you’ll need to be in compliance with California Medical Board guidance and California law.
Drafting a California Medical Director Agreement is one of the first steps to creating your medical spa or mobile IV hydration infusion therapy business and is possibly the most important of all the agreements and forms that have to be drafted or filed before you can see your first patient.
Whether you’re a Registered Nurse, Nurse Practitioner or a Physician Assistant, California Medical Director Agreement Lawyer Sebastian Gibson can help you understand what’s required under California law help you become compliant with California Medical Board guidance so your nursing license is not at risk.
California Medical Director Agreement Lawyer Sebastian Gibson and Understanding the Law
California Medical Director Agreement Lawyer Sebastian Gibson has been named a Top Lawyer for the past 13 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 Medical Director Agreement Lawyer Sebastian Gibson has over 45 years of practice as an lawyer both in California and in London.
Today the primary focus of our practice is that of representing medical professionals, primarily 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.
We represent medical spa and IV hydration clients from all over California as almost all of our clients from San Francisco to San Diego and from Northern California to Central California and Southern California correspond with our office by email and phone calls. 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.
With offices in Newport Beach and Palm Desert, California Medical Director Agreement Lawyer Sebastian Gibson can represent your interests no matter where your business will be in California or where you reside.
Requirements to Open a Medical Spa or IV Hydration 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 (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 infusion therapy 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 California Medical Director Agreement Lawyer 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 Medical Director Agreement Lawyer Sebastian Gibson before you agree to an expensive arrangement with such a company.
In our opinion, it makes no sense for a nurse wanting to take control of their career and to have their own business, to agree to become an employee or such a company or to pay huge sums of money or a large percentage of their income to have a medical corporation in another state calling the shots and asking you to sign agreements you don’t understand, much less convincing a nurse they can operate a medical spa or IV hydration infusion therapy business with just an MSO and not their own Professional Medical Corporation.
Forming a Medical Spa or Mobile IV Hydration 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. That’s where a Medical Director Agreement comes in.
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 infusion therapy 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 Medical Director Agreement Lawyer Sebastian Gibson, we are such a law firm, and we’re ready to provide that assistance to you without delay upon being retained to represent you in your endeavor.
The Medical Director Agreement and Other Agreements for Your California Medical Spa or IV Hydration 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 infusion therapy business. However, we can provide guidance to whomever our client or clients are in the new business.
Once the physician or the physician’s attorney 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, 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, although an MSO comes later simply to handle administrative matters. Once formed, bylaws and organizational minutes must be drafted for the Professional Medical Corporation 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 handle the administrative matters of the business.
If you’ve been told you can operate a medical spa or an IV Hydration Infusion Therapy business with just an MSO or an LLC, this is incorrect. The practice of medicine requires that a Professional Medical Corporation operates the medical spa or IV hydration business, mobile or not.
An MSO is an LLC is formed to handle administrative matters only. It can be owned 100% by a nurse or other medical professional. If a lay person owns any share of the MSO, they still cannot receive any of the profits from the operation of the medical spa or IV hydration infusion therapy business nor may they own any shares in the Professional Medical Corporation.
Free Consultations with California Medical Director Agreement Lawyer Sebastian Gibson
When you call California Medical Director Agreement Lawyer Sebastian Gibson for a free consultation, we’ll discuss what stage you’re in and 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. Our consultations are by phone so there’s no need to come to our office.
It’s a complex endeavor which requires a great many agreements to be drafted and much more than simply forming a Professional Medical Corporation and an MSO to handle the medical spa or IV Hydration Infusion Therapy business administrative matters.
Forthcoming Independence of Nurse Practitioners
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 infusion therapy business in California.
While such independence is likely not forthcoming for most nurse practitioners until at least 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 Physician Serving as Medical Director
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.
The Medical Director Agreement Drafted for You and Your Physician Is Key
If a medical spa or IV hydration 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 knowledge, experience 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.
In addition to having an experienced medical spa lawyer draft your medical director agreement and other agreements and forms for your business, 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 Medical Director Agreement Lawyer Sebastian Gibson
California Medical Director Agreement Lawyer Sebastian Gibson is the right choice when considering 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 13 years and determined to be “Superb” by Avvo (their highest rating) which rates lawyers all over the country, California Medical Director Agreement Lawyer Sebastian Gibson is the right attorney 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 Medical Director Agreement Lawyer Sebastian Gibson for a free consultation today at (760) 776-1810 or email us at SgibsonEsq@aol.com
It’s a great time to be a nurse and to be able to operate your own medical spa or mobile IV hydration business. With the right medical director agreement and a physician you have confidence in working with, you can be an owner and operate your own medical spa or IV hydration infusion therapy business together with a collaborating physician serving as your Medical Director.
