Traps for Entrepreneur-Minded Professionals and How to Avoid Them
By Erica Pero
I have many creative clients and healthcare laws are changing so quickly – I get asked about new lines of business regularly. It might be a physician assistant wanting to open a health coaching business, a surgeon who wants to open a med spa, or a nurse who wants to open an IV bar… the possibilities are endless! However, when one finds themselves in a role where they are working above or below (or outside?) their license, it’s important to keep a few things in mind.
1. Make your current role obvious. This might be as simple as a name tag with your title-of-the-day, but don’t misrepresent yourself. You don’t want to hold yourself out as a registered nurse (even though you are one) in your health coaching business, for example, as it might be misleading and appear as though you’re providing medical advice without the supervision of a physician. Of course, your professional license will always be a part of your credentials, but it’s essential to make clear when you’re practicing medicine and when you’re not.
2. Watch the marketing. Don’t make it sound like you’re qualified to do something if your license doesn’t allow it. If you’re a physician assistant, you likely have a lot of medical experience – but you are not allowed to practice medicine without a supervising physician agreement in place. It would be misleading to market your services as a “physician assistant health coach” when there is no supervising physician. It would be inappropriate to market your business as anything more than it actually is.
3. Know the law. When it comes to places that blur the line between medicine and cosmetology – like med spas – you’ll likely want to hire the lowest paid person qualified to do the work. There are laws that dictate how much and what kind of work you can supervise, who can perform the services, and how close you need to be to “supervise.” It’s important to understand the limits as well as the opportunities.
As always, if you need help navigating, consult a healthcare attorney!
Erica Pero, an attorney with Pero Law, focuses her practice on health law. She helps healthcare professionals navigate the complexities of running a business in today’s healthcare industry. Pero Law is a lean law firm committed to excellent customer service and exceptional legal representation. perolaw.com
