Provided by: Jennifer Kirschenbaum, Esq.
February 8, 2023
Question:
Hi Jennifer,
I’ve been asked to be the Director of a Mehdi spa. I’d like to know what that means it seems like they’re going to pay me a flat amount per month and they would like me to be involved in someway but I’m not exactly clear is this allowed
Thanks in advance.
Dr. K
Answer:
This is a pretty standard question we receive often. There are many spa owners that think contracting with a doctor will allow them to put the word medical on it and offer services that are reserved for licensed professionals. However, a "lay" entity (non medical) employing you for medical services is not legal in New York State, due to our Corporate Practice of Medicine laws. Some spas choose to set up a medical end properly and they will contact with a medical provider who owns a separate and distinct medical practice that will/is offering all medical services at the spa location. A medical entity may own all services rendered at the location or just those related to medical, however, for the avoidance of doubt, the doctor in charge is in charge of and taking responsibility for all medical services We’re happy to take a look at the proposed arrangement and dig deeper into the details. It sounds like this cursory offer, however, may not pass the smell test...
