How to Open a Med Spa in Montana
Who can own a medical spa or IV hydration business in Montana?
Montana prohibits the corporate practice of medicine (CPOM), meaning only licensed physicians and certain nurse practitioners with the correct education and training can own and operate a medical or professional nursing practice in Montana. While the Montana statute prohibiting the corporate practice of medicine was repealed in 1995, the Montana Board of Medical Examiners still considers business arrangements with non-licensed individuals to be “unprofessional conduct” with limited exceptions (such as physicians partnering with hospitals).
How can non-MDs get involved in the IV hydration and medical spa business in Montana?
Non-MDs, such as Registered Nurses and non-medical professionals, who do not meet Montana’s qualifications for owning a medical practice can participate in the day-to-day operations of a medical spa by owning a management services organization (MSO) to help manage the business and administrative side of the medical practice.
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Do nurse practitioners have full practice authority in Montana? Can a nurse practitioner be a medical director in Montana?
Nurse Practitioners have full practice authority in Montana and can serve as a practice director for a professional nurse practitioner practice.
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Can a physician assistant serve as a medical director in Montana?
A physician assistant may not serve as a medical director in Montana and must work under a supervising physician.
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What services are considered medical services in Montana?
Neurotoxins, fillers, lasers other than laser hair removal, and IV hydration are some of the common medical spa services that are considered to be the practice of medicine and are required to be performed by medical professionals in a professional medical office.
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Does Montana allow mobile medical spas to operate?
Montana allows mobile med spas, so business owners may choose a mobile spa, a physical location, or a combination of both. If you decide to open a physical location, check with your local municipality to determine whether the area is zoned for medical services and if you need any local permits to run a medical spa. There is no specific professional licensing board that regulates med spas in Montana, but the Montana Department of Public Health and Human Services may have authority depending on what services and treatments the med spa provides.
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Is malpractice insurance required in Montana?
Montana does not require physicians to have medical malpractice insurance coverage, but it is strongly recommended.
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What compliance documentation is recommended for a medical spa or IV hydration business in Montana?
The medical spa or IV hydration business should have documented policies, procedures, and clear protocols for all services provided. Clinical service protocols should be clear, thorough, and sufficiently outline expectations regarding procedures. The medical spa should develop Informed Consent documents for patients to sign before undergoing any procedure. These consents should inform patients of the procedures, any potential side effects and contraindications with medications and pre-existing conditions, and any other pertinent information regarding patient expectations. Human Resources documentation, including Employee Handbooks, corporate policies and procedures, and any Employment or Independent Contractor Agreements, should clearly state all expectations, duties, and responsibilities for all staff members.
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Practice Areas
Business Law
Employment Law
Intellectual Property Law
Medical Spa Law
