Credit: Adam Lusthaus
Starting an IV Hydration Business: Overlooked Items That Can Sink Your ShipAs an attorney specializing in healthcare law, I often see entrepreneurs excited to launch IV hydration businesses. While the demand is high, many overlook critical aspects that can lead to costly legal battles and even business failure. Here are some often-overlooked items:
- Scope of Practice:
- Nurse Practitioner/Physician Assistant Limitations: If you plan to utilize NPs or PAs, understand the limitations of their scope of practice in your state. Can they independently order and administer medications? What supervision requirements exist?
- Medical Director Overreach: While a Medical Director is essential, avoid situations where they are merely a “name on a page.” Active involvement is crucial, including regular on-site visits, protocol reviews, and availability for consultation.
- State Regulations:
- Mobile IV Services: Many states have specific regulations regarding mobile medical practices. Ensure you comply with requirements related to vehicle inspections, equipment sanitation, and patient privacy in mobile settings.
- Telemedicine for Prescriptions: If you plan to utilize telemedicine for initial consultations or prescription refills, understand the applicable state laws and any limitations on prescribing controlled substances.
- Staffing & Training:
- RN Qualifications: Ensure your RNs are properly licensed and have the necessary experience and training in IV therapy.
- Emergency Preparedness: Develop and implement comprehensive emergency protocols for handling adverse events, including anaphylaxis, allergic reactions, and phlebitis.
- Employee Background Checks: Conduct thorough background checks on all employees, including criminal history checks and verification of professional licenses.
- Marketing & Advertising:
- Truthful and Non-Deceptive Marketing: Avoid making unsubstantiated claims about the benefits of IV therapy. Ensure your marketing materials are truthful, accurate, and comply with relevant advertising regulations.
- HIPAA Compliance in Marketing: Be mindful of HIPAA regulations when using patient testimonials or displaying patient information in marketing materials.
- Contractual Agreements:
- Independent Contractor Agreements: If you utilize independent contractors (e.g., mobile technicians), ensure you have properly drafted independent contractor agreements that clearly define the scope of work, liability, and insurance requirements.
- Supplier Agreements: Carefully review contracts with suppliers of medications, equipment, and supplies to ensure favorable terms and adequate protections for your business.
- Insurance & Risk Management:
- Professional Liability Insurance: Obtain adequate professional liability insurance to protect your business from medical malpractice claims, negligence claims, and other potential liabilities.
- Cybersecurity Insurance: Given the sensitive nature of patient data, consider obtaining cybersecurity insurance to protect your business against data breaches and cyberattacks.
- Staying Updated:
- Regulatory Changes: Healthcare laws are constantly evolving. Stay informed about changes in state and federal regulations that may impact your business operations.
- Continuing Education: Encourage your medical staff to participate in continuing education courses to maintain their knowledge and skills in IV therapy and related areas.
By carefully considering these overlooked items, you can minimize legal risks, ensure compliance with regulations, and increase the likelihood of long-term success for your IV hydration business.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Consult with an experienced healthcare attorney for guidance on specific legal and regulatory issues related to your IV hydration business.
