Expanding your healthcare business by offering new services like Botox injections, IV hydration, hormone therapy, or microneedling can significantly increase revenue. But without the right legal groundwork, it can also expose you to serious liability.
Before you update your treatment menu or announce anything on Instagram, make sure you’ve taken these critical legal steps.
1. Determine If the New Service Is a “Medical” Treatment
Many aesthetic or wellness services seem non-medical—but legally, they’re often classified as medical procedures under state law.
In California, for example:
- Botox, microneedling, and dermal fillers are medical treatments
- IV hydration and vitamin injections are also medical
- Even body sculpting devices may fall under medical regulation depending on use
➡️ This means only licensed professionals can perform them, and they must be supervised appropriately.
2. Confirm Scope of Practice for Your Providers
Who is legally allowed to perform the new service?
Check:
- Your state’s Board of Nursing, Medical Board, or PA Board
- Whether the service falls within your clinicians’ education, certification, and scope
⚠️ Just because someone has been “trained” doesn’t mean they’re legally allowed to perform the procedure.
3. Update or Create Protocols and Informed Consent Forms
Each new treatment needs:
✅ A written clinical protocol
✅ A detailed informed consent form specific to that service
✅ Documentation procedures for charting before, during, and after treatment
Don’t reuse generic templates—each service comes with its own risks and legal considerations.
4. Review Supervision and Oversight Requirements
If you’re a non-physician (NP, RN, PA), you may need a Medical Director or supervising physician to offer the service legally.
Depending on the treatment:
- Physician delegation and oversight may be required
- You may need a new or updated Medical Director Agreement
- Some services cannot be performed without direct supervision
📌 California is especially strict on this under the Corporate Practice of Medicine doctrine.
5. Update Your Business Structure and Licensing (If Needed)
Adding a medical service could affect:
- Your entity structure (e.g., offering Botox may require a PC, not an LLC)
- Your insurance coverage (general liability vs. malpractice)
- Your city/county business license or state registration
- Your CLIA waiver if offering labs or testing alongside wellness services
Don’t assume your original setup still applies as you grow.
6. Market the New Service Legally
Marketing medical services must follow:
- State laws about medical advertising
- Truth-in-advertising rules
- Restrictions on before/after photos or claims of guaranteed results
Always review marketing materials with a healthcare attorney before launching a campaign—especially if you’re working with influencers or using medical terminology.
Final Thoughts:
Adding a new service to your practice isn’t just a business decision—it’s a legal decision.
Take the time to evaluate:
✔️ Provider scope
✔️ Compliance protocols
✔️ Proper consent
✔️ Entity structure
✔️ Oversight and supervision
With the right legal foundation, you can grow your business safely, ethically, and sustainably.
📞 Want to Expand the Right Way?
Book a free legal strategy call to review your service expansion plans with a healthcare attorney who understands both compliance and business growth.
👉 Book Now