Print Page | Contact Us | Sign In | Join
AmSpa Now
Blog Home All Blogs

Texas Medical Board Holds New Stakeholder Meeting on Proposed Changes to Rule 193.17

Posted By Administration, Thursday, October 10, 2019

texas capitol

By Patrick O’Brien, JD, legal coordinator, American Med Spa Association

On October 8, the Texas Medical Board (TMB) held a stakeholder meeting to discuss Rule 193.17—a rule in development that would bring changes to the cosmetic medical delegation rule, known as Rule 193.17. You may recall that the TMB held a similar meeting earlier this year, which we discussed here. In that prior meeting, two versions of possible changes were offered. Ultimately, only a new signage requirement moved forward and was adopted (see here). The more sweeping proposed changes were tabled for additional work and future consideration. This week’s meeting was to solicit feedback on the most recent version of these developmental rules. Representatives from AmSpa attended this meeting as well.

In addition to a number of small changes to the current version of 193.17, these new developmental rules would make large changes in three areas: delegation, supervision and ownership. These developmental rules would change the definition of who is qualified to perform medical spa procedures. The proposed version would allow only licensed or certified health care providers to perform the procedures under supervision; the current version of the rules allows unlicensed persons to perform the procedures. The proposed rules also would necessitate that a physician, or a physician assistant (PA) or advanced practice registered nurse (APRN) under their delegation, to provide onsite supervision of the qualified personnel while procedures are being performed; the current rules require either onsite supervision by the physician, PA or APRN, or offsite physician supervision as long as they are available for emergency consultation and appointment if necessary. As part of the required supervision, the physician will need to cosign procedures performed under supervision within 72 hours; the current rule requires “timely” cosigning of procedures performed by unlicensed people, but does not specify a definite time limit.

The third major area of change is the inclusion of an ownership statement. Two versions of this section have been suggested. The primary version would require that facilities offering these procedures be owned by a Texas licensed physician; the owner, in turn, may employ a medical director to supervise and delegate. This version makes it clear that all physicians delegating and supervising in the facility are responsible for complying with all rules and laws for the supervision and delegation of medical procedures. The alternate proposal would require that any physician who accepts a medical director position first notify the board of the facility location and provide owner information, a list of all people to which procedures can be delegated, and the names and license numbers of the supervising physicians; any changes to this information would need to be updated within 30 days. The supervising physician also would need to provide an alternate supervising physician to step in if they are unavailable.

The TMB stressed that these rules are still in development and do not reflect the final version. It is accepting comments and feedback, and has stated it may have a version ready in the coming weeks for formal proposal. If a final version is proposed, this amendment would then be voted on by the full TMB at its upcoming December meeting. If the TMB approves that version, it will be published in the Texas Register and begin a 30-day public comment period before the amendment becomes official. That would be the quickest timeline for official adoption—it is possible that comments and feedback will require additional time before presentation to the full board. AmSpa will continue to closely monitor these changes and will report developments.

Tags:  Med Spa Law  Med Spa Ownership 

Share |
PermalinkComments (0)
 

Join AmSpa at the New York Medical Spa & Aesthetic Boot Camp

Posted By Administration, Wednesday, October 2, 2019

new yorker hotel

By Alex R. Thiersch, JD, CEO of the American Med Spa Association (AmSpa)

Starting next Saturday, October 12, AmSpa will host its New York Medical Spa & Aesthetic Boot Camp at The New Yorker Hotel (A Wyndham Hotel). We’re extremely excited for the opportunity to help medical aesthetic professionals in the Big Apple improve their practices, and we’re looking forward to visiting New York once again. There’s still time to register for the event—just click here to sign up.

Here is a quick overview of the program:

Saturday, October 12

The Boot Camp begins at 8 a.m. with a continental breakfast, followed at 8:30 a.m. with my opening keynote. From there, we will move into the main program:

  • 9 – 10:00 a.m.: The Plan, presented by Bryan Durocher (Durocher Enterprises)—What are the most effective ways to develop a business plan for your medical spa? Medical Spa Consultant Bryan Durocher discusses the ins and outs of the planning process and helps determine how long it realistically takes to open a practice.
  • 10:15 – 11:15 a.m.: The Financials, presented by Bryan Durocher (Durocher Enterprises)—At the end of the day, the money you’re bringing in is the most important measure of your practice’s success. This presentation will, among other things, demonstrate how to properly develop a budget and use metrics to determine your med spa’s strengths and weaknesses.
  • 11:15 a.m. – 12:15 p.m.: The Lessons, presented by Louis Frisina—Every medical spa is different, but the successful ones share several common traits. In this session, Business Strategy Consultant Louis Frisina discusses the qualities that are typically found in practices that bring in a significant amount of revenue.
  • 1 – 1:45 p.m.: Medical Aesthetic Hot Topics Panel, featuring Tim Sawyer (Crystal Clear Digital Marketing), Toni Lee Roldan-Ortiz (Environ Skincare), and a representative from Galderma—This panel, moderated by yours truly, will feature a spirited discussion of the current issues and events that concern medical spa owners and operators.
  • 1:45 – 3:30 p.m.: The Law, presented by Alex Thiersch (AmSpa) and Renee Coover (ByrdAdatto)—In this presentation, we’ll discuss the long-standing and emerging legal issues that every medical spa owner needs to know about. As you can imagine, there is a lot to cover here, since new concerns seem to be arising daily lately.
  • 4:15 – 5 p.m.: The Treatments, presented by Terri Ross (Terri Ross Consulting)—Learn about the most profitable and popular treatments available to your practice, and find out how to best determine which treatments are right for you based on the state of your practice.
  • 5 – 6 p.m.: The Digital Marketing Ecosystem, presented by Tim Sawyer (Crystal Clear Digital Marketing)—Find out how to effectively spread the word about your medical aesthetic practice and how best to determine what’s working and what’s not. Your practice’s digital presence is more important than ever before, and curating it should be a top priority.

Saturday will wrap up with a cocktail reception from 6 – 7:30 p.m.

Sunday, October 13

Once again, the Boot Camp begins at 8 a.m. with a continental breakfast.

  • 8:30 – 9 a.m.: Anatomy of a $5-Million Med Spa, presented by Alex Thiersch (AmSpa)—Have you ever wondered what the difference is between your medical spa and one that’s mega-successful? It might be less significant than you think. This presentation will show what a $5-million med spa is doing right—and what you might be doing wrong.
  • 9 – 9:45 a.m.: The Long-term Revenue, presented by Bryan Durocher (Durocher Enterprises)—Simply being successful isn’t enough for a medical aesthetic practice; you have to know how to maintain and grow your success. In this session, Bryan will show you how to build patient loyalty and move your business forward.
  • 10:30 a.m. – 11:30 p.m.: The Medical Spa Success Panel, featuring Alexander L. Blinski, MD, (Plump), Marria Pooya (Greenwich Medical Spa), and Alexa Nicholls Costa, NP, and Alexandra Rogers, NP (LexRx)—This exclusive panel features four of the most successful aesthetics professionals in the Northeast. I will ask them how about the innovative business strategies and techniques they used to rise to the top of the medical aesthetic industry.
  • 11:30 a.m. – 12:15 p.m.: The Consultation, presented by Terri Ross (Terri Ross Consulting)—As the old saying goes, you never get a second chance to make a first impression. Learn how to put your best foot forward with effective patient consultations—and how to turn them into consistent business.
  • 1 – 2 p.m.: The Marketing Plan and Social Media, presented by Alexa Nicholls Costa, NP, and Alexandra Rogers, NP (LexRx)—This session will help you determine how to most effectively market your medical aesthetic practice using both traditional methods and cutting-edge techniques.
  • 2 – 3 p.m.: The Team, presented by Bryan Durocher (Durocher Enterprises)—A medical spa is only as good as its personnel, so it’s important to make sure that you hire a staff that can do everything you want it to—and more. In this session, you’ll learn about recruiting, hiring and retaining employees who can make your medical spa dreams come true.

Also, you’ll have the chance to visit with a number of exceptional vendors during this event. Attend the New York Medical Spa & Aesthetic Boot Camp to check out the latest and greatest from the following companies:

We hope you can join us in New York next weekend. This Boot Camp is a tremendous opportunity to get a medical aesthetic business started off on the right foot, and learn how to take an already successful business to the next level. Click here to register!

Tags:  AmSpa's Med Spa & Aesthetic Boot Camps  Business and Financials  Med Spa Law  Med Spa Ownership  Med Spa Trends 

Share |
PermalinkComments (0)
 

How the Texas Corporate Practice of Medicine Relates to Medical Spa Ownership

Posted By Administration, Tuesday, September 10, 2019

medical law

By Patrick O’Brien, JD, legal coordinator, American Med Spa Association

Recently, AmSpa has been getting a lot of emails and calls telling us they have been informed that in Texas, unlicensed people can own a medical spa and simply hire a medical director. This contradicts our information, as well as ByrdAdatto’s research on the subject: Texas’ corporate practice of medicine (CPOM) policy generally prohibits non-physicians, lay corporations and other entities from employing a physician to practice medicine. We understand how there can be some confusion, as the various authority and elements that make up the legal basis for Texas’s CPOM policy are scattered in a number of places. However, we wanted to provide our Texas members with some additional information on this, because it is important to stay in compliance with the policy; failing to do so can open the physician up to discipline for abetting the unlicensed practice of medicine, and can subject the non-physician owners to fines and penalties as well. You only need to look to the Texas Medical Board’s June 27, 2019 press release for examples of the board taking action. In one instance, a physician was prohibited from performing, supervising or delegating medical spa procedures for five years for aiding the unlicensed practice of medicine and lending his license to a medical spa. In two other cases, unlicensed medical spa owners entered into agreed cease-and-desist orders with the board; they had been engaging in the unlicensed practice of medicine by advertising and providing medical cosmetic procedures. This article will explore some of the main sources of this policy and attempt to dispel some of the confusion.

A discussion of this topic should begin with the Texas Occupations Code Chapter 3 Subtitle B, collectively referred to as the “Medical Practice Act.” Section 155.001 requires that a person must hold a license to practice medicine. Section 155.003 make it clear that only a person who has completed the required educational steps may hold a license to practice medicine. Section 165.152 make it a violation subject to penalties for a person to practice medicine in violation of the Medical Practice Act. Section 165.156 also make it a violation for a “person, partnership, trust, association or corporation” to use any letters, words or terms in any manner that indicate it is licensed to practice medicine if it is not, in fact, licensed to practice medicine. In Section 164.052, the code states that a physician is subject to discipline if he or she “directly or indirectly aids or abets the practice of medicine by a person, partnership, association or corporation that is not licensed to practice medicine by the board.” Section 165.155 prohibits a physician from paying or rewarding any person or entity for soliciting or securing patients. Taken together, it is clear that an unlicensed person, corporation or other entity cannot advertise that they practice medicine or offer medical services, and they cannot simply hire a physician to lend a license to their business.

Now, there are a number of exceptions to this general prohibition on employing physicians. The Texas Medical Board has adopted Rule §177.17 and provided a FAQ article on CPOM that provides a helpful summary of the information and possible exemptions. Rule §177.17 lists various exempt hospitals, non-profits and institutions. However, those entities are not applicable to a privately owned medical spa. Corporations and other entities properly formed and owned under Title 7 (Professional Entities) of the Texas Business Organizations Code are also exempt. A properly owned professional medical corporation may hire physicians and offer medical services.

The Texas Medical Board’s FAQ also mentions that physicians may enter into an independent contractor relationship, though it is a question of law and facts whether it is a permitted independent contractor or a prohibited employment relationship. Under 151.055, hospitals may enter into independent contractor agreements with physicians. However, for other physician and non-physician relationships the navigation can be incredibly tricky. Any independent contractor arrangement must still comply fully with the Medical Practices Act, as well as not fall into any aspects that would make it a prohibited employment relationship. Each of the listed court cases and attorney general opinions addresses different aspects used in determining independent contractor status from employment relationships. Some of the issues examined are the flow of funds, setting of fees, ownership, control over medical decisions, control over services or employees, and advertising. This means that even if your agreement says “independent contractor,” it may still be a prohibited employer/employee relationship if it does not satisfy all these elements.

For example, in the case of F.W.B. Rockett v. Texas State Board of Medical Examiners, the physician saw patients and reviewed X-rays for a non-physician-owned clinic; for his services, he was paid a flat monthly fee. In this case, the physician lost his license because he was permitting an unlicensed person to practice medicine. Similarly, in Flynn Brothers, Inc. v. First Medical Associates, the physician claimed to be an independent contractor, but the court found him to be an employee because, among other reasons, the non-professional entity retained two thirds of the physician’s collected fees.

Taken all together, the case law and statutes form a complex balancing act. The Texas Medical Association recently published a white paper detailing its explanation of the doctrine, and it largely reflects the views of AmSpa on the matter. Additionally, the medical service organization (MSO) model allows medical spas in Texas a way to navigate these situations. If you are not familiar with the MSO model, see articles about it here and here, and the concept will be covered by an attorney from ByrdAdatto at the upcoming AmSpa Medical Spa & Aesthetic Boot Camp in Dallas. Because of the highly technical nature of the CPOM, the board’s FAQ recommends that you consult an attorney before entering any actual arrangement. Also, do not base your business plan on any article, even—and especially—this one. You need specific and tailored advice from an attorney who is intimately familiar with the Texas CPOM, professional organizations law and medical spas.

Tags:  AmSpa's Med Spa & Aesthetic Boot Camps  Med Spa Law  Med Spa Ownership 

Share |
PermalinkComments (0)
 

QP Extra: Q&A with Chris Bailey of Ovation Med Spa

Posted By Administration, Friday, September 6, 2019

chis bailey

When Chris Bailey founded his medical spa in 2006, he was new to the industry. The practice was a franchise, though, so he felt he could count on the support of the franchisor. Six months after the practice opened, however, the franchisor went out of business, so Bailey picked up the phone and called every medical aesthetics professional he could track down, asking those who would talk to him about every aspect of the business. He developed a number of long-term relationships with highly respected members of the industry and, before long, his practice—renamed Ovation Med Spa—was thriving. Bailey spoke with AmSpa Content Writer/Editor Michael Meyer about how he and his practice rebounded from a rocky start to become one of the most successful medical spas in the Houston area.

Michael Meyer: What inspired you to open your practice?

Chris Bailey: I spent 15 or 16 years in corporate America and I was getting burned out. I was bored. Fourteen or 15 years ago, I was in LaGuardia Airport a couple of weeks before Christmas, coming home from a client meeting. I'm looking around the airport, and there are people 10 or 20 years older than me, and I'm just sitting there thinking, “I can't be doing the same thing in 10 years or 20 years.” And I remember standing at the magazine rack and flipping through Entrepreneur magazine—the Franchise 500 edition—thinking, “I don't want to make sandwiches, I don't want to be a janitor and I probably don't want to own a daycare.” And then I saw some medical spa franchises, and I'm like, “Huh—that's interesting. People are getting older, and they don't want to look older. Maybe I should look into this.” I started doing a bunch of research, and a year and all my money later, I opened our business. That's where it started.

MM: What would you say is different about your practice now versus when you opened it?

CB: We opened about 13 years ago, and at the time, you could categorize what we did as skin rejuvenation. We did injectables, we did IPL and different things for skin rejuvenation. Body contouring wasn't really even a category yet, because there were no devices that really did it. Today, we do everything from skin rejuvenation, body contouring, vaginal rejuvenation, erectile dysfunction, hormone replacement—it's really the gamut of anything you can do nonsurgically to someone to make them look or feel better.

MM: What is your most popular treatment, and what brings in the most revenue?

CB: The most popular treatment can vary by season. Certain times of the year, our Sciton Halo is very popular for skin rejuvenation; we get to the summer and that's not quite as popular. We do a lot of CoolSculpting. We do a lot of Emsculpt treatments—the new body contouring device. One of the fastest-growing segments has been vaginal rejuvenation, which has been kind of surprising to all of us.

What brings in the most revenue? We're pretty balanced. It's probably a fairly even mix between skin rejuvenation and body contouring. And things like vaginal rejuvenation and hormone replacement are smaller percentages but growing.

MM: What would you say is the most important factor to your success?

CB: I think some of it is that we've continued to innovate. We have close to 40 different FDA-approved devices; I think the average medical spa might have three or four. We have always stayed on top of technology, and we have multiple options to do similar things. We've never wanted to be in the position where someone comes in and we have to tell them, “You need x, and y happens to be the only thing we have.” We're in a unique position where we can truly customize treatment plans for people based on their needs because we've got all kinds of different technology to accomplish that.

MM: What sets your medical spa apart from others?

CB: I think some of it is what I was just talking about—the continuous innovation and the technology that we have. No one has the technology we have, I don't think, anywhere in the country. And then you marry that with our outstanding service providers—we've got employees who've been with us since day one, for 13 years, and we've got very low turnover. Our staff is excellent. They get great training, and they do great treatments, and they provide great customer service. We have customers that we've literally had for 13 years, since we opened our doors. Our unique selling proposition is that we don't sell a one-size-fits-all solution—we can truly customize treatment plans for what people actually need.

MM: Who inspires you?

CB: My father has always inspired me. He is probably the person, from when I was a young child, who taught me to dream bigger dreams, think big and believe we can do things beyond what we are doing today. He's always been an inspiration my life.

MM: What do you love most about aesthetics?

CB: I think some of it is the opportunity—and this is always hard to say without offending someone—to help people become what they believe are better versions of themselves. It's just fun to have someone come in, unhappy with some aspect of how they feel or how they look, and be able to make a positive change and have them be happy that they were able to accomplish that. That's one of the most fun things about it.

MM: What do you love about being an entrepreneur?

CB: Some of it is the constant challenge and the constant change and the constant need to be creative and innovate. If we think about how the aesthetics market has changed in the 13 years we've been in it, it's so amazing. It's different this year than it was last year. It changes so rapidly, and it continues to change. That constant challenge is what keeps me engaged.

ovation med spa

MM: What was the goal with the spa design you chose?

CB: We don't want to look like a medical office, and, and we don't necessarily look like a real frou-frou spa. Our design is clean and efficient. We're not trying to look like the Taj Mahal, but we want an efficient, clean, visually appealing space. But we don't want you to think you're in your family practice doctor's office either.

MM: What advice would you give to medical spa owners?

CB: Keep your overhead low—as low as possible—and network with as many different people around the country as you can who do similar things as you. When I started this company, we actually had purchased a franchise. I spent all the money I had and borrowed more money than anyone should have let me, and we started this franchise. Six months after we opened our doors, the franchisor went out of business. And so here I am—I paid all this money for all this help, training and assistance I was promised, and it's now vanished. But I have no other choice—I have to make this work because I'm deeply in debt at that point and have no job. So, I literally got on the phone and called anyone in the country who would talk to me just to ask questions. Because of that, I've developed some great long-term relationships with some very top-end doctors in the aesthetics world that have really been beneficial to me.

What's interesting about that story is no one in Houston would talk to me, and I still find that fascinating—in the business world, we talked to our competitors, and we understood they're competitors, but we would talk and share ideas. Entering this medical space, it was, at least on a local level, a very closed community, especially to someone who wasn't a medical provider coming into it.

Because of all that pain and suffering I had to go through in the beginning to survive and make relationships, we've had some opportunities that just never would have come along otherwise. As an example, as a non-doctor, I was the first person in the country to have the Emsculpt device. I had developed a relationship with the people at BTL, and they knew we were innovative, and they loaned us one in the very beginning to try to help figure out what it did. And so, I'm the only non-medical person listed on some of these published studies for the Emsculpt. Those kinds of opportunities really stem back to those early days of networking with people around the country and building our reputation through asking for and sharing ideas with people. My business wouldn't exist had I not been able to network and do those things early on.

I get calls all the time, and I'm always willing to talk to anyone who wants to call and ask questions, because I did the same thing. It's surprising to me how many people either are afraid to reach out and ask questions or assume that they won't help you because you’re a competitor. I laugh at that. I'm in Houston, Texas, right? If every aesthetic facility in the city was running at full capacity, we couldn't serve everyone who wants treatment. It's just not even possible. It's millions of people, and I just laugh sometimes when people are so worried about competition. Just do a better job. If you do a great job, there's plenty of business for everyone. As an industry, we can make the entire industry better if we actually talk to each other and help each other.

AmSpa members receive QP every quarter. Click here to learn how to become a member and make your med spa the next aesthetic success story.

Tags:  Business and Financials  Med Spa Ownership  Med Spa Trends  QP 

Share |
PermalinkComments (0)
 

Join AmSpa at the Dallas Medical Spa & Aesthetic Boot Camp

Posted By Administration, Wednesday, September 4, 2019

dallas texas

By Alex R. Thiersch, JD, CEO of the American Med Spa Association (AmSpa)

Starting next Saturday, September 14, AmSpa will host its Dallas Medical Spa & Aesthetic Boot Camp at the Doubletree Dallas Campbell Centre. We’re extremely excited for the opportunity to help medical aesthetic professionals in the Lone Star State develop their practices, and we can’t wait to once again visit Big D. There’s still time to register for the event—just click here to sign up.

Here is a quick overview of the program:

Saturday, September 14

The Boot Camp begins at 8 a.m. with a continental breakfast, followed at 8:30 a.m. with my opening keynote. From there, we will move into the main program:

  • 9 – 10:30 a.m.: The Plan, presented by Bryan Durocher (Durocher Enterprises)—What are the most effective ways to develop a business plan for your medical spa? Medical Spa Consultant Bryan Durocher discusses the ins and outs of the planning process and helps determine how long it realistically takes to open a practice.
  • 10:45 – 11:45 a.m.: The Lessons, presented by Louis Frisina—Every medical spa is different, but the successful ones share several common traits. In this session, Business Strategy Consultant Louis Frisina discusses the qualities that are typically found in practices that bring in a significant amount of revenue.
  • 12:45 – 1:30 p.m.: Medical Aesthetic Hot Topics Panel, featuring Tim Sawyer (Crystal Clear Digital Marketing), Bobby Calhoun (Environ Skincare), and Jamie Bergeron (Bellus Medical) and Page Piland (Galderma)—This panel, moderated by yours truly, will feature a spirited discussion of the current issues and events that concern medical spa owners and operators.
  • 1:30 – 3:30 p.m.: The Law, presented by Alex Thiersch (AmSpa) and Bradford Adatto (ByrdAdatto)—In this presentation, we’ll discuss the long-standing and emerging legal issues that every medical spa owner needs to know about. As you can imagine, there is a lot to cover here, since new concerns seem to be arising daily lately.
  • 4:15 – 5 p.m.: The Treatments, presented by Terri Ross (Terri Ross Consulting)—Learn about the most profitable and popular treatments available to your practice, and find out how to best determine which treatments are right for you based on the state of your practice.
  • 5 – 6 p.m.: The Digital Marketing Ecosystem, presented by Tim Sawyer (Crystal Clear Digital Marketing)—Find out how to effectively spread the word about your medical aesthetic practice and how best to determine what’s working and what’s not. Your practice’s digital presence is more important than ever before, and curating it should be a top priority.

Saturday will wrap up with a cocktail reception from 6 – 7:30 p.m.

Sunday, September 15

Once again, the Boot Camp begins at 8 a.m. with a continental breakfast.

  • 8:30 – 9 a.m.: Anatomy of a $5-Million Med Spa, presented by Alex Thiersch (AmSpa)—Have you ever wondered what the difference is between your medical spa and one that’s mega-successful? It might be less significant than you think. This presentation will show what a $5-million med spa is doing right—and what you might be doing wrong.
  • 9 – 10 a.m.: The Financials, presented by Bryan Durocher (Durocher Enterprises)—At the end of the day, the money you’re bringing in is the most important measure of your practice’s success. This presentation will, among other things, demonstrate how to properly develop a budget and use metrics to determine your med spa’s strengths and weaknesses.
  • 10:30 – 11:30 a.m.: The Long-term Revenue, presented by Brandon and Jenny Robinson (Skin Body Soul MedSpa)—Simply being successful isn’t enough for a medical aesthetic practice; you have to know how to maintain and grow your success. In this session, Brandon and Jenny will show you how to build patient loyalty and move your business forward.
  • 11:30 a.m. – 12:15 p.m.: The Consultation, presented by Terri Ross (Terri Ross Consulting)—As the old saying goes, you never get a second chance to make a first impression. Learn how to put your best foot forward with effective patient consultations—and how to turn them into consistent business.
  • 1 – 2 p.m.: The Marketing Plan and Social Media, presented by Brandon and Jenny Robinson (Skin Body Soul MedSpa)—This session will help you determine how to most effectively market your medical aesthetic practice using both traditional methods and cutting-edge techniques.
  • 2 – 3 p.m.: The Team, presented by Bryan Durocher (Durocher Enterprises)—A medical spa is only as good as its personnel, so it’s important to make sure that you hire a staff that can do everything you want it to—and more. In this session, you’ll learn about recruiting, hiring and retaining employees who can make your medical spa dreams come true.

Also, you’ll have the chance to visit with a number of exceptional vendors during this event. Attend the Seattle Medical Spa & Aesthetic Boot Camp to check out the latest and greatest from the following companies:

We hope you can join us in Dallas next weekend. This Boot Camp is a tremendous opportunity to get a medical aesthetic business started off on the right foot, as well as learn how to take an already successful business to the next level. Click here to register!

Tags:  AmSpa's Med Spa & Aesthetic Boot Camps  Business and Financials  Med Spa Law  Med Spa Ownership  Med Spa Trends 

Share |
PermalinkComments (0)
 

Front Office Training: 7 Steps to a Positive First Impression

Posted By Administration, Wednesday, July 31, 2019

By Terri Ross, Terri Ross Consulting

When you first walk into a medical office for an appointment, what are your expectations? How do you want the staff to greet you, and what are some of the things that make you say, “I’m never coming back here again”? As a business owner, do you meet those expectations? The front office is often a patient’s first glimpse into the workings of a practice, and if a patient has a positive experience with your front office staff, it sets the stage for a positive experience overall.

As with any business, effective communication in the medical aesthetic office is key. The first interaction you have with potential patients is often a phone call. Office staff should be trained on how to begin and execute a productive and engaging phone call. In their interactions with patients, front office staff should strive to be enthusiastic, knowledgeable and engaging.

1. Be enthusiastic, engaging and confident: A positive attitude is infectious and an important element of success in any business. This article from the Huffington Post explains the importance of a positive attitude in business. Convey a positive attitude, speak and articulate information with confidence, and engage the patient in dialogue to ensure you have gathered all of the facts about them and what they are requesting. This will set you apart significantly from others practices that don’t invest in training their staff. 

2. Listen first: Listen to prospective patients—assess their needs and desires before pitching a service or treatment. Strive to make a genuine connection with each patient. You want to “land the patient.” See TSIA’s explanation of the Land, Adopt, Renew, Expand (LAER) model here. The LAER model I teach is Listen, Acknowledge, Explore, Respond. Most often, people tend to listen and respond without really understanding  patient needs. Explore more details, show empathy and acknowledge that you fully understand what the patient is telling you.

3. Ask questions: Your ability to connect, ask questions, and engage with potential patients is critical. The medical aesthetics space is very competitive, and the consumers are very educated and have numerous resources to explore. They also have many choices, so your ability to articulate with conviction by credentialing the business and providers, as well as knowing the products and treatments you offer over the competition is paramount to a prospective patient wanting to schedule with you over another office.  

4. Never say no: If a patient asks if you offer Ulthera and you don’t, do not say no, or you’ve lost them. Instead, say, “May I ask who is calling? Hi [patient name]—so you are interested in skin tightening, is that correct?” This means you must know your technology and your competition and be able to effectively convince them that what you offer is equally as good if not better than another option. More importantly, your knowledge and skill set will make them want to schedule with you. If that doesn’t work, ask if you can follow up with them.

5. Respond to patient needs in a timely fashion: If a patient calls or emails with a question or need, make it a point to respond immediately—usually within 1 ¬– 3 hours, or 24 hours at the very latest. There are several different types of patient inquiries, and one of them is new leads. This is critical, as they are shopping but haven’t yet decided on your practice. Current patients are the ones who know you, trust you, and already have a relationship with you. However, communication with current patients is equally as important, as this helps to establish patient retention. If a patient asks a question to which you don’t immediately know the answer, say that you are searching for the answer and will respond as soon as possible. This lets them know that they are important.

6. Be the expert: It is essential for you to know every product and service offered in your office. Do your homework. You need to know every treatment: What it does, what it’s used for and how it can be incorporated into a personalized treatment plan. By knowing your services and how they compare to your competitors’, you engage patients and make them feel they have landed at the right office.

7. Go beyond what is expected: In attitude, knowledge and service, go beyond the patient’s general expectations. Make sure the patient has a positive experience from start to finish. Are you the Four Seasons or the Marriott?

Now that you’ve read these seven steps, picture yourself as a patient walking into your office, and ask yourself if you’d return for a next visit. Even if you’ve answered yes, there might be some room for improvement in certain aspects, and I want to make sure you have reached the point of a perfect first impression. Please download the complimentary checklist to evaluate where the holes in your staff training might be.

Is your office running at maximum capacity? Have you invested in staff training or sales consulting? Click here to download Terri’s 10-point checklist

Terri Ross brings more than 20 years of sales and management experience to the field, having worked with leading-edge medical device companies such as Zeltiq, Medicis, EMD Serono, Merck Schering Plough and Indigo Medical; a surgical division of Johnson.

Ross’ vast knowledge and experience as a sales director managing upwards of $20M in revenue and successful teams has allowed her to become a renowned plastic surgery management consultant helping aesthetic practices thrive.

To optimize revenues and business performance, Ross’ practice management consulting services help physicians evaluate practice processes including, but not limited to, overall-operating efficiencies, staff skill assessment, customer service and operating efficiency strategies. The goal is to develop a comprehensive plan of action to improve productivity, quality, efficiency and return on investment.

Tags:  Business and Financials  Compliance is Cool  Med Spa Ownership  Med Spa Trends 

Share |
PermalinkComments (0)
 

Join AmSpa at the Seattle Medical Spa & Aesthetic Boot Camp

Posted By Administration, Thursday, July 11, 2019

motif seattle hotel

By Alex R. Thiersch, JD, CEO of the American Med Spa Association (AmSpa)

Starting next Saturday, July 20, AmSpa will host its Seattle Medical Spa & Aesthetic Boot Camp at the Motif Seattle Hotel. We’re extremely excited for the opportunity to help medical aesthetic professionals in the Pacific Northwest develop their practices, and we can’t wait to visit the Emerald City for the first time. There’s still time to register for the event—just click here to sign up.

Here is a quick overview of the program:

Saturday, July 20

The Boot Camp begins at 8 a.m. with a continental breakfast, followed at 8:30 a.m. with my opening keynote. From there, we will move into the main program:

  • 9 – 10:30 a.m.: The Plan, presented by Bryan Durocher (Durocher Enterprises)—What are the most effective ways to develop a business plan for your medical spa? Medical Spa Consultant Bryan Durocher discusses the ins and outs of the planning process and helps determine how long it realistically takes to open a practice.
  • 11 a.m. – 12 p.m.: The Lessons, presented by Louis Frisina—Every medical spa is different, but the successful ones share several common traits. In this session, Business Strategy Consultant Louis Frisina discusses the qualities that are typically found in practices that bring in a significant amount of revenue.
  • 1 – 1:30 p.m.: Medical Aesthetic Hot Topics Panel, featuring Tim Sawyer (Crystal Clear Digital Marketing), Shawna Wiesner (Environ Skincare) and Terri Ross (Terri Ross Consulting)—This panel, moderated by yours truly, will feature a spirited discussion of the current issues and events that concern medical spa owners and operators.
  • 1:30 – 3:30 p.m.: The Law, presented by Alex Thiersch (AmSpa) and Renee Coover (ByrdAdatto)—In this presentation, we’ll discuss the long-standing and emerging legal issues that every medical spa owner needs to know about. As you can imagine, there is a lot to cover here, since new concerns seem to be arising daily lately.
  • 4:15 – 5 p.m.: The Treatments, presented by Terri Ross (Terri Ross Consulting)—Learn about the most profitable and popular treatments available to your practice, and find out how to best determine which treatments are right for you based on the state of your practice.
  • 5 – 6 p.m.: The Digital Marketing Ecosystem, presented by Tim Sawyer (Crystal Clear Digital Marketing)—Find out how to effectively spread the word about your medical aesthetic practice and how best to determine what’s working and what’s not. Your practice’s digital presence is more important than ever before, and curating it should be a top priority.

Saturday will wrap up with a cocktail reception from 6 – 7:30 p.m.

Sunday, July 21

Once again, the Boot Camp begins at 8 a.m. with a continental breakfast.

  • 8:30 – 9 a.m.: Anatomy of a $5-Million Med Spa, presented by Alex Thiersch (AmSpa)—Have you ever wondered what the difference is between your medical spa and one that’s mega-successful? It might be less significant than you think. This presentation will show what a $5-million med spa is doing right—and what you might be doing wrong.
  • 9 – 10 a.m.: The Financials, presented by Bryan Durocher (Durocher Enterprises)—At the end of the day, the money you’re bringing in is the most important measure of your practice’s success. This presentation will, among other things, demonstrate how to properly develop a budget and use metrics to determine your med spa’s strengths and weaknesses.
  • 10:30 – 11:30 a.m.: The Long-term Revenue, presented by Brandon and Jenny Robinson (Skin Body Soul MedSpa)—Simply being successful isn’t enough for a medical aesthetic practice; you have to know how to maintain and grow your success. In this session, Brandon and Jenny will show you how to build patient loyalty and move your business forward.
  • 11:30 a.m. – 12:15 p.m.: The Consultation, presented by Terri Ross (Terri Ross Consulting)—As the old saying goes, you never get a second chance to make a first impression. Learn how to put your best foot forward with effective patient consultations—and how to turn them into consistent business.
  • 1 – 2 p.m.: The Team, presented by Bryan Durocher (Durocher Enterprises)—A medical spa is only as good as its personnel, so it’s important to make sure that you hire a staff that can do everything you want it to—and more. In this session, you’ll learn about recruiting, hiring and retaining employees who can make your medical spa dreams come true.
  • 2 – 3 p.m.: The Marketing Plan and Social Media, presented by Brandon and Jenny Robinson (Skin Body Soul MedSpa)—This session will help you determine how to most effectively market your medical aesthetic practice using both traditional methods and cutting-edge techniques.

Also, you’ll have the chance to visit with a number of exceptional vendors during this event. Attend the Seattle Medical Spa & Aesthetic Boot Camp to check out the latest and greatest from the following companies:

We hope you can join us in Seattle next weekend. This Boot Camp is a tremendous opportunity to get a medical aesthetic business started off on the right foot, as well as learn how to take an already successful business to the next level. Click here to register!

Tags:  AmSpa's Med Spa & Aesthetic Boot Camps  Business and Financials  Med Spa Law  Med Spa Ownership  Med Spa Trends 

Share |
PermalinkComments (0)
 

How to Partner with a Medical Professional

Posted By Administration, Wednesday, July 10, 2019

partnership handshake

By Alex R. Thiersch, JD, CEO of the American Med Spa Association (AmSpa)

Creating a partnership with a medical professional can be a lucrative—and often legally necessary—step for traditional spa owners, salon owners, and entrepreneurs who want to get a piece of the ever-growing medical spa pie. Here is what you need to know in order to effectively and compliantly partner with a medical professional.

Staking Your Claim

Most states observe a doctrine known as the corporate practice of medicine, which requires a physician or physician-owned corporation to receive payment for medical services. Since many of the treatments offered at medical spas are medical in nature, these practices are governed by this doctrine where it applies.

So, creating a medical spa is not as simple as contracting with a doctor or a nurse to administer medical treatments, or listing the medical professional as a “medical director” without having him or her available for consultations. Often, arrangements such as these are illegal, so medical spa owners should consult with a local health care attorney and the American Medical Spa Association (AmSpa) to make sure they are operating on the up-and-up.

If an entrepreneur wants to become a part of the medical aesthetic industry on an ownership level where the corporate practice of medicine is observed, he or she can set up a management services organization (MSO), which partners with a physician, for whom a separate company is created; this company strictly provides medical services. This arrangement is known as a management service agreement (MSA), and it allows a non-physician to supervise most aspects of a medical aesthetic business aside from the administration of medical services.

Playing by the Rules

Regardless of the ownership structure, the medical side of the practice must remain the domain of medical professionals. It is their responsibility to make sure all medical procedures are administered by employees who are properly trained and supervised.

It is perfectly legal and quite common for physicians to delegate regular medical procedures at a medical spa to licensed practitioners, such as nurse practitioners and physician assistants. Those practitioners can, in turn, delegate tasks to non-medical staffers, such as registered nurses and laser technicians, as long as the tasks they are assigned fall within the scope of their training and they are properly supervised. Additionally, physicians do not even necessarily need to be at the medical spa, as long as they are reachable and a licensed practitioner is present while treatments are being administered.

Physicians are accountable for everything that occurs at the medical spa, so it is important for them to make sure that the staff is properly trained. A medical professional who does not wish to actually be involved in this aspect of the business is probably trying to get involved for the wrong reasons.

Splitting Headaches

Because physicians may not be conducting treatments, they might wish to reward the people who are actually dealing with the patients by giving them a percentage of the business they bring in—commission, in other words. Unfortunately, this is probably illegal if the practice is governed by the corporate practice of medicine, because it constitutes fee-splitting.

As mentioned previously, under the corporate practice of medicine, all payments for medical treatments must be made in full to a physician or physician-owned corporation. If a percentage of that payment is directed instead to an employee, fee-splitting is said to have occurred. If a medical spa is found to have done this, all involved could face significant sanctions.

To learn more about this and many other topics that concern medical spa owners and operators, attend an AmSpa Medical Spa & Aesthetic Boot Camp. The next success story could be your own!

Tags:  Business and Financials  Med Spa Law  Med Spa Ownership  Med Spa Trends 

Share |
PermalinkComments (0)
 

MSOs: Your Path to Profit Optimization

Posted By Administration, Friday, June 28, 2019

doctor businessperson partnership

By Nicole Chiaramonte, CEO, TWG Consulting Corp.; founder, Synergy MedAesthetics; and aesthetic industry investor

The skyrocketing demand for aesthetic services in the U.S. has created a tremendous opportunity for business experts, entrepreneurs and investors. In an industry that until recently was run exclusively by physicians, the mainstreaming of management service organization (MSO) partnerships allows doctors to partner with entrepreneurs and benefit from their business expertise while they focus on the medicine.

With the advent of selfies, the Kardashian phenomenon and social media, women and men of all ages are flocking to spend money to look their best. The current medical establishment is not necessarily ready to handle this in a way that is beneficial for them, their employees and their patients. This is where MSO partnerships have allowed for a win-win-win in the aesthetic world.

An MSO allows investors and business experts to partner with a physician in a legal manner, thus not violating the corporate practice of medicine. These partnerships have proven to be profitable for all involved when properly executed. To understand the benefits of MSO partnerships for all parties, one must first understand the unique benefits and skillset everyone brings to the table and, just as important, what their responsibilities are in such arrangements.

Entrepreneurs

As an investor in the aesthetic industry, you will provide your time, investment capital and business expertise to the partnership. This may include a love for spreadsheets and a “Beautiful Mind” ability to read into the deeper layers of a profit and loss statement, balance sheet or statement of cash flow to identify unnecessary losses and quickly increase profit margins. These skills are what you bring to the table and why you are needed in this industry.

But your education has just begun. To be truly successful in this venture, you will need to gain a comprehensive understanding of aesthetic procedures—not only what they are and what they do, but also why they work. You will learn more than you ever thought you would know about the body’s healing systems, skin health, facial anatomy and more. Attend every practitioner training you are allowed to audit, conduct research online, and understand the competitive products, technologies and services. You will need to know them all this well enough to effectively market the practice, train administrative staff and answer patient questions.

When negotiating percentages of ownership in an MSO with a physician, remember to honor the dedicated time and expense required of your partner’s medical degree, as well as the responsibility he or she takes on with every treatment performed. Your active hours contributed to the operation may be significantly more when compared in the short-term, but his or her ongoing risk is real.

Physicians

It is common for doctors to feel the risk to their license is too great to enter into an MSO—they resist the idea of relinquishing a percentage of profit or determine they can best run a practice on their own. In my experience, 100% of the time, a physician enjoys more income from a partnership than he or she did prior to partnering into an MSO. In addition, physicians experience considerably less stress, aggravation and demands on their time when their partners are able to assume responsibility and management of staffing, human resources, inventory, accounting, payroll, patient management, and advertising and marketing.

Partnering with someone who has gone to the lengths necessary to know your industry, proper protocols, SOPs and standing orders is key for physicians considering MSO partnerships or medical directorships. Your partner should put the safety of your license above all else. If you have the right business partner, he or she may inform you about new clinical studies, FDA approvals and technique developments before you hear about them. This is especially necessary in an environment where you are a non-practicing aesthetic medical director who has delegated to onsite mid-levels (nurse practitioners and/or physician assistants).

Once a partnership is in place and responsibilities and parameters are set, it is time to get to work on profit optimization. In my experience of owning 20% to 85% interest in 12 MSOs, the following areas are the first places I audit, whether the practice is in operation or brand new.

  1. Back bar/treatment room materials. This includes everything from Hydrafacial MD products to Botox and machine consumables. How often are you checking for inventory loss or overuse of product that throws your margins off by up to 70%?
  2. Capital purchases. If you are paying list price for new machines, this can take a huge bite out of your profits, benefiting no one but your sales rep.
  3. Staffing. You must make sure you have proper hours, compensation levels and adequate coverage with the necessary practitioners.
  4. Advertising and marketing. From website development to ongoing social media marketing, is your practice paying a premium because you are deemed “medical?”

In short, aesthetic practice profitability is illusive to some and an exact science to others. MSO partnerships are legal, profitable ways to operate an aesthetic practice to the benefit and delight of all involved.

Tags:  Business and Financials  Guest Post  Med Spa Law  Med Spa Ownership  Med Spa Trends 

Share |
PermalinkComments (0)
 

Join AmSpa at the Atlanta Medical Spa & Aesthetic Boot Camp

Posted By Administration, Friday, June 21, 2019

loews atlanta

By Alex R. Thiersch, JD, CEO of the American Med Spa Association (AmSpa)

Starting next Saturday, June 29, AmSpa will host its Atlanta Medical Spa & Aesthetic Boot Camp at the Loews Atlanta Hotel. We’re extremely excited for the opportunity to help medical aesthetic professionals develop their practices, and we can’t wait to visit Atlanta again. There’s still time to register for the event—just click here to sign up. Here is a quick overview of the program:

Saturday, June 29

The Boot Camp begins at 8 a.m. with a continental breakfast, followed at 8:30 a.m. with my opening keynote. From there, we will move into the main program:

  • 9 – 10:30 a.m.: The Plan, presented by Bryan Durocher (Durocher Enterprises)—What are the most effective ways to develop a business plan for your medical spa? Medical Spa Consultant Bryan Durocher discusses the ins and outs of the planning process and helps determine how long it realistically takes to open a practice.
  • 10:45 – 11:45 a.m.: The Lessons, presented by Louis Frisina—Every medical spa is different, but the successful ones share several common traits. In this session, Business Strategy Consultant Louis Frisina discusses the qualities that are typically found in practices that bring in a significant amount of revenue.
  • 12:45 – 1:30 p.m.: Medical Aesthetic Hot Topics Panel, featuring Tim Sawyer (Crystal Clear Digital Marketing), James David Brown (Environ Skincare), Helen Haynes (Bellus Medical) and a representative from Galderma—This panel, moderated by yours truly, will feature a spirited discussion of the current issues and events that concern medical spa owners and operators.
  • 1:30 – 3:30 p.m.: The Law, presented by Alex Thiersch (AmSpa) and Jay D. Reyero (ByrdAdatto)—In this presentation, we’ll discuss the long-standing and emerging legal issues that every medical spa owner needs to know about. As you can imagine, there is a lot to cover here, since new concerns seem to be arising daily lately.
  • 4:15 – 5 p.m.: The Treatments, presented by Terri Ross (Terri Ross Consulting)—Learn about the most profitable and popular treatments available to your practice, and find out how to best determine which treatments are right for you based on the state of your practice.
  • 5 – 6 p.m.: The Digital Marketing Ecosystem, presented by Tim Sawyer (Crystal Clear Digital Marketing)—Find out how to effectively spread the word about your medical aesthetic practice and how best to determine what’s working and what’s not. Your practice’s digital presence is more important than ever before, and curating it should be a top priority.

Saturday will wrap up with a cocktail reception from 6 – 7:30 p.m.

Sunday, June 30

Once again, the Boot Camp begins at 8 a.m. with a continental breakfast.

  • 8:30 – 9 a.m.: Anatomy of a $5-Million Med Spa, presented by Alex Thiersch (AmSpa)—Have you ever wondered what the difference is between your medical spa and one that’s mega-successful? It might be less significant than you think. This presentation will show what a $5-million med spa is doing right—and what you might be doing wrong.
  • 9 – 10 a.m.: The Financials, presented by Bryan Durocher (Durocher Enterprises)—At the end of the day, the money you’re bringing in is the most important measure of your practice’s success. This presentation will, among other things, demonstrate how to properly develop a budget and use metrics to determine your med spa’s strengths and weaknesses.
  • 10:30 – 11:30 a.m.: The Long-term Revenue, presented by Brandon and Jenny Robinson (Skin Body Soul MedSpa)—Simply being successful isn’t enough for a medical aesthetic practice; you have to know how to maintain and grow your success. In this session, Brandon and Jenny will show you how to build patient loyalty and move your business forward.
  • 11:30 a.m. – 12:15 p.m.: The Consultation, presented by Terri Ross (Terri Ross Consulting)—As the old saying goes, you never get a second chance to make a first impression. Learn how to put your best foot forward with effective patient consultations—and how to turn them into consistent business.
  • 1 – 2 p.m.: The Team, presented by Bryan Durocher (Durocher Enterprises)—A medical spa is only as good as its personnel, so it’s important to make sure that you hire a staff that can do everything you want it to—and more. In this session, you’ll learn about recruiting, hiring and retaining employees who can make your medical spa dreams come true.
  • 2 – 3 p.m.: The Marketing Plan and Social Media, presented by Brandon and Jenny Robinson (Skin Body Soul MedSpa)—This session will help you determine how to most effectively market your medical aesthetic practice using both traditional methods and cutting-edge techniques.

Also, you’ll have the chance to visit with a number of exceptional vendors during this event. Attend the Atlanta Medical Spa & Aesthetic Boot Camp to check out the latest and greatest from the following companies:

We hope you can join us in Atlanta next weekend. This Boot Camp is a tremendous opportunity to get your medical aesthetic business headed in the right direction and learn some tips and tricks that can take it to the next level. Click here to register!

Tags:  AmSpa's Med Spa & Aesthetic Boot Camps  Business and Financials  ByrdAdatto  Med Spa Law  Med Spa Ownership  Med Spa Trends 

Share |
PermalinkComments (0)
 
Page 1 of 6
1  |  2  |  3  |  4  |  5  |  6
Contact Us

224 N Desplaines, Ste. 600S
 Chicago, IL 60661

Phone: 312-981-0993

Fax: 888-827-8860

Mission

AmSpa provides legal, compliance, and business resources for medical spas and medical aesthetic practices.

Follow Us: