How to Open a Med Spa in New Mexico
Who can own a medical spa or IV hydration business in New Mexico?
Anyone can own a medical spa or IV hydration business in New Mexico.
Does New Mexico prohibit the corporate practice of medicine?
No, New Mexico does not prohibit the corporate practice of medicine.
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Do nurse practitioners have full practice authority in New Mexico? Can a nurse practitioner be a medical director in New Mexico?
Yes, nurse practitioners have full practice authority in New Mexico and can serve as medical directors in New Mexico.
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Can physician assistants be a medical director in New Mexico?
No, physician assistants do not have full practice authority and cannot serve as medical directors in New Mexico. However, a physician assistant who has worked under the supervision of a physician for three years may then work under a collaborative agreement with a physician in New Mexico.
3
What services are considered medical services in New Mexico?
Neurotoxins, fillers, lasers, and IV hydration are some of the common medical spa services that are considered to be the practice of medicine in New Mexico and must be performed by appropriate medical or nursing professionals.
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Is malpractice insurance required in New Mexico?
No, malpractice insurance is not required in New Mexico; however, it is strongly recommended.
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What compliance documentation is recommended for a medical spa or IV hydration business in New Mexico?
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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What services should a new medical spa offer and what should business owners consider regarding proper handling of medical spa equipment in New Mexico?
Legea Law advises new business owners to offer only a few popular services until their business and client base grows. Anyone handling any equipment or providing any treatment or services to patients must be appropriately licensed to do so and have the proper delegated authority from a physician. For example, under New Mexico law, laser hair removal is considered a medical procedure and must be done by, or under the direct supervision of, a physician.
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Practice Areas
Business Law
Employment Law
Intellectual Property Law
Medical Spa Law
