In recent years, IV Hydration Clinics have gained popularity and are now popping up in shopping plazas. Especially in Texas, where everything is always bigger, IV Hydration Clinics are the latest craze and certainly here to stay. These clinics offer an array of cocktail treatments that provide a quick pick-me-up to people interested in preventative measures and optimizing their health. From health and wellness to skin and beauty rejuvenation or even simple hangover relief, an IV Hydration Clinic can tailor any service to your particular need. So, how do you start an IV Hydration Clinic in Texas?
Anyone can open an IV Hydration Clinic, but having the compliant legal groundwork before proceeding with anything else is the single most important step to ensuring your business’s success. IV hydration is considered a medical treatment under Texas law. Consequently, you will need to work in conjunction with a physician, also known as a medical director. Because of the Prohibition of the Corporate Practice of Medicine Doctrine in Texas, which prohibits corporations, entities, or non-physicians from practicing medicine, only physicians can own a medical practice. The medical director of an IV hydration practice in Texas needs to be licensed in Texas.
A non-physician in Texas can own a Management Services Organization (MSO) through an LLC or corporation and contract with a physician and their professional entity through a Management Services Agreement. This agreement allows the non-physician to manage the day-to-day, administrative, and non-medical aspects of the business and allows the physician to supervise all medical aspects of the business. The MSO can own the brand, the office space, and the equipment. Then, in exchange for a management fee, the MSO licenses the brand and leases the space and equipment to the physician’s professional entity. The physician will receive payment for providing medical director services. This payment needs to be structured to comply with the law.
Next, you should select your preferred type of business structure and register it with the Texas Secretary of State. You should also select a public forward-facing name for your company, called a DBA (“doing business as”). Perform a name search to ensure your preferred trade name isn’t already in use. If the name is available, you can file the DBA with the Secretary of State and attribute it to your new MSO entity.
Next, you must create legal agreements between you and the physician’s entity, the physician as a medical director, any employment and supervisory agreements for medical staff who will provide the IV Hydration services to your clients, and an operating agreement for your business. In Texas, you must hire licensed medical professionals, such as LVNs, RNs, PAs, or NPs, to administer IV therapy. Any medical staff you hire must be adequately trained, certified, and supervised by the medical director to offer these services to your clients.
Next, select a suitable space to operate your IV Hydration Clinic. Ensure compliance with the Texas Department of State Health Services regulations for medical facilities and healthcare providers. You must check with your local town hall to see if local permits are needed to open your clinic. An updated certificate of use and certificate of occupancy for your space may be necessary if you are leasing a physical space. Make sure to make your space inviting with a comfortable, relaxed feel. Consider factors such as visibility, accessibility, and proximity to your target market. You want clients to feel welcomed and for the experience you provide to be memorable. Your space must be approved for medical use, and you must adhere to healthcare regulations regarding cleanliness and safety. Lastly, make sure your medical director’s license is posted on the wall in your clinic.
You must purchase or lease the necessary equipment for your IV Hydration Clinic. This includes IV bags, a refrigerator, comfy chairs, tubing, needles, infusion pumps, and other supplies. Source high-quality IV fluids and vitamins from reputable suppliers. A hood is not necessary to do IV hydration in Texas.
You will also need to obtain general liability insurance to protect your space or injuries that may occur on your premises and malpractice insurance to protect you from lawsuits resulting from the IV Hydration services you will perform.
Create a nice-looking, ADA-compliant website for potential customers to view and book services. Make this as easy and convenient as possible for customers to avoid discouraging potential customers from using your services. Have a clear, concise call to action, including services offered, how to book services, clinic location, and hours.
Grow your clientele through online advertising, word-of-mouth connections, and marketing. Join social media groups on Facebook, and start a business page on Facebook, Instagram, TikTok, and YouTube to advertise your business. Be careful and mindful of your advertising material, ensuring you are not making false or unsupported health claims.
Ensure the clinic has documented protocols and procedures for performing IV Hydration therapy. Implement protocols for sterilizing equipment and maintaining a clean environment. If hiring employees, you will want a well-drafted employee handbook. Familiarize yourself with HIPAA’s privacy and security rules and require your patients to sign a HIPAA consent before any service is performed.
Lastly, stay up to date on recent IV Hydration regulations. IV Hydration laws in Texas are constantly changing, so staying up to date and working with your legal team to make sure you understand all of the relevant laws is important for compliance and business success for years to come.
This blog post is meant to provide an introduction into the overlapping legal requirements and compliance responsibilities that should be addressed when opening an IV Hydration Clinic. If you are interested in opening your own IV Hydration Clinic the first thing you should do is hire experienced legal counsel. The attorneys at Lengea Law have the knowledge, skills, and determination to help you find and build your healthcare business. If you are ready to get started or just have some questions, please click here to schedule a complimentary fifteen-minute consultation with one of our attorneys.