Not to be confused with a medical director agreement, which outlines the professional relationship and responsibilities between the spa and a licensed medical professional who serves as the medical director, a physician delegation agreement outlines the delegation of certain medical responsibilities to a mid-level.
More specifically, a physician delegation agreement is a crucial document that outlines the duties and scope of practice for non-physician mid-level practitioners, such as nurse practitioners and physician assistants, who may perform certain medical oversight functions and procedures under the supervision of a licensed physician serving as the spa’s medical director.
This article summarizes some of the key components of a typical physician delegation agreement in the med spa context.
Identification of Parties:
The agreement begins by identifying the parties involved, including the supervising physician and the non-physician mid-level practitioner.
Scope of Practice:
It delineates the breadth of the mid-level’s ability to act regarding taking histories and intakes, diagnosis, and treatment plans as well as the level of drugs that may be prescribed. In addition, the agreement also sets out specific procedures and treatments that the non-physician practitioners are authorized to perform. These may include injectables (such as Botox or dermal fillers), laser treatments, chemical peels, and other cosmetic procedures.
Supervision Requirements:
It also outlines the level of supervision required by the physician during the performance of delegated tasks. This may range from direct, on-site supervision to indirect supervision through protocols and periodic review of patient charts.
Patient Evaluation and Consent:
The agreement may detail the process for patient evaluation, including obtaining informed consent, conducting pre-procedure assessments, and documenting patient medical histories.
Emergency Protocols:
Procedures for handling emergencies or adverse events during treatments should be clearly outlined, including protocols for patient triage, emergency response, and communication with the supervising physician.
Quality Assurance and Recordkeeping:
The agreement may include provisions for maintaining accurate patient records, documenting procedures performed, and conducting periodic audits to ensure compliance with applicable laws and regulations.
Liability and Indemnification:
Responsibilities for liability insurance coverage and indemnification of the supervising physician should be addressed to protect all parties involved in the event of malpractice claims or lawsuits.
Termination Clause:
Terms for termination of the agreement, including the circumstances under which either party may terminate the agreement and procedures for transitioning patient care responsibilities, should be defined.
Compliance with Laws and Regulations:
The agreement should ensure compliance by both parties with relevant state laws, medical board regulations, and professional standards governing the delegation of medical tasks.
Confidentiality:
Provisions regarding patient confidentiality may also be included to protect patient privacy.
Overall, a well-drafted physician delegation agreement helps establish clear expectations, promotes patient safety, and ensures legal compliance within the med spa setting. It's important for both the supervising physician and non-physician practitioners to understand and adhere to the terms of the agreement to maintain high standards of care.
Weitz Morgan is a leading law firm in Texas in providing comprehensive advice and guidance to med spas. With a deep understanding of the unique challenges and complexities faced by this rapidly growing industry, our team of experienced attorneys is dedicated to helping med spas navigate the legal landscape successfully.
We recognize that med spas operate at the intersection of healthcare and beauty, which necessitates a multifaceted approach to representation. Our firm offers a range of services, including a flat-fee med spa formation package, tailored to meet the specific needs of med spas, ensuring compliance, mitigating risks, protecting licenses, and fostering a legally sound business environment.
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