IV Hydration Therapy Clinic or Mobile Unit
Legal Counsel to Help You Start an IV Hydration Therapy Business in Texas
IV hydration therapy, also known as IV vitamin therapy, is a growing trend in Texas and throughout the United States. Many patients seek these services as a method to combat aging, treat hangovers, recover from jet lag, rehydrate muscles after a workout, get a healthy glow, and even alleviate the symptoms of certain medical conditions. Practitioners may offer IV hydration therapy services in an office setting or mobile unit.
Whether you want to open an IV hydration therapy business or “IV bar,” and offer these services in-home, from a mobile unit, or in a med spa setting, there are several legal considerations in Texas to keep in mind.
Before you establish or staff your IV hydration therapy clinic in Texas, call (713) 909-7323 to consult with the experienced healthcare attorneys at Hendershot Cowart P.C.
Who Can Own an IV Hydration Therapy Business?
Texas law prohibits the corporate practice of medicine, placing strict limitations on who can practice medicine or employ those who do. The doctrine is intended to safeguard patient care by protecting doctors from undue influence over their medical judgement by non-practitioners who may prioritize profits over patients.
As a result, only a licensed physician can own an IV therapy practice. Licensed physicians include doctors of medicine (MDs) and doctors of osteopathic medicine (DOs). Physician assistants may own a minority interest in an IV therapy practice.
This does not mean non-physicians cannot be involved in an IV therapy practice, but there are many restrictions on the relationships between physicians and non-physicians when it comes to practicing medicine.
Can a RN Own an IV Hydration Business in Texas?
Other practitioners, such as RNs or LVNs, and non-practitioners wishing to participate in an IV hydration therapy business can handle the non-medical aspects of the practice through the formation of a Management Services Organization, or MSO. MSOs are independent entities with an agreement to provide management services to a medical practice. Unlike a medical practice, there are no restrictions on who can own and operate an MSO.
Other practitioners can also be employed by the IV therapy practice to earn extra income and have an active role in delivering the IV hydration therapy services.
If you want to open an IV therapy practice as a physician or get involved as a non-physician, our experienced Texas attorneys can help.
Do RNs or EMTs Need Supervision to Run an IV Therapy Clinic?
Yes. A licensed physician, physician assistant, or nurse practitioner must order the IVs used in IV therapy.
While many kinds of practitioners may be involved in the delivery of the IV therapy, the IV hydration therapy must be ordered by a physician, or an advanced practice provider pursuant to a supervision and prescriptive authority agreement. The Texas Medical Board has strict guidelines for standing delegation orders, including the types of medicines that may be provided under a standing delegation order.
Some orders may come from a physician or advanced practice provider who has examined the patient. Other settings, such as a wellness clinic set up specifically for the administration of IV therapy or mobile setting, may utilize a standing delegation order, subject to the Texas Medical Board limitations of which types of medicines may be provided under a standing delegation order. Telemedicine can be utilized by the physician or advanced practice provider to consult with the patient and order the IV therapy.
Other IV Hydration Therapy Regulations in Texas
In addition to the Corporate Practice of Medicine doctrine and rules on supervision, providers of IV hydration therapy services must also comply with the laws and rules of other regulatory agencies, including the Texas Medical Board, the Texas State Board of Pharmacy, Texas Health and Human Services, and the U.S. Food and Drug Administration.
Additionally, only a licensed professional acting within the scope of his or her professional license, training, and experience may perform IV hydration services. For example, LVNs may need to complete specific validation courses that instruct the LVN in the knowledge and skills applicable to IV therapy practice before providing any IV therapy services.
All parties involved in your IV hydration therapy practice must also take pains not to violate any state or federal fraud and abuse laws, including the Texas Solicitation of Patients Act, the Texas Commercial Bribery Statute, the Anti-Kickback Statute (AKS), the False Claims Act, (FCA) and Stark Law. While many IV hydration practices choose to operate under a patient cash pay model, this model does not avoid scrutiny from the Texas fraud and abuse laws. For example, the ordering practitioners cannot be paid fees for referrals to the IV hydration clinic.
Hendershot Cowart P.C. can help you stay compliant with all these important rules and regulations and help you navigate investigations or audits should an alleged violations occur.
Why Choose Us?
At Hendershot Cowart P.C., we have over 100 years of collective legal experience in the healthcare field, and we strive to exceed your expectations. We build relationships, which means we will get to know you and your healthcare business and will be ready to step in should a legal or regulatory matter come up.
Our firm has a strong record of results helping health care providers navigate the increasingly challenging regulatory environment in Texas.
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