Credits: Carlos Arce & Caitlin Koppenhaver
Operating within the IV hydration and medical spa industry comes with unique opportunities to improve patient wellness and satisfaction—but it also carries significant risks that all providers must understand and address. Recent developments in regulatory and judicial actions across the country highlight the increasing scrutiny of this industry, making it essential for providers to stay informed about the applicable regulations in their specific state and maintaining appropriate compliance measures.
Understanding the Risks – Board Complaints and Investigations
If a patient or other party files a complaint against you with the Board of Medicine (BOM) or Board of Nursing (BON) through the Department of Health, it initiates a formal investigative process. This includes a mailed or emailed notification, and as the provider, you must comply and respond within the designated timeline. Here’s what you need to know about these investigations:
- Role of the Board: Medical and Nursing boards investigate complaints upon recommendation by the Department of Health to ensure licensed professionals comply with the standard of care as outlined in their respective statutes or codes.
- Outcomes of Investigations: If the Board finds that there is probable cause that a violation has occurred, the subject of the complaint, or “respondent” will receive an official correspondence from their respective governing board and the respondent will appear before the Board. If the Board finds that a violation has occurred even after the hearing, penalties may include license suspension, fines, or other disciplinary actions. If the findings involve potential criminal violations, the case may be referred to for criminal prosecution.
Providers must take these investigations seriously and avoid delays in responding. Non-compliance or negligence in addressing a board complaint can escalate quickly, leading to severe consequences for your business and professional license.
Judicial Actions and Law Enforcement
Traditionally, boards have had the primary role of investigating and administering any penalties related to complaints. However, recent reports from California suggest a shift in this dynamic. There have been instances where judicial authorities have directly intervened, targeting providers they deem to pose a risk to the general public—sometimes without waiting for a board investigation to commence.
How does this happen?
- Sometimes patients or other parties can bypass the board altogether and bring complaints directly to law enforcement. If authorities believe there is evidence of criminal misconduct, this may lead to arrest.
- Being arrested for any alleged violation could trigger subsequent board investigations. This dual-path risk highlights the need for diligence in following proper procedures across the board.
Failure to stay compliant with evolving laws and standards of care may leave providers vulnerable to such high-stakes legal actions.
The Risk to Your License and Business
Even a single complaint has the potential to trigger far-reaching consequences for your IV hydration business and your career. Licensing investigations, imposed penalties, or criminal proceedings can severely impact your ability to continue operating. For businesses operating across multiple states, disciplinary action in one state may require disclosure to the other State Boards in which you are licensed, which can impact licensure renewals.
Whether you’re a medical spa owner, a healthcare professional, or an IV hydration provider, you need to ensure your entire practice aligns with industry regulations and standard protocols to avoid these risks.
How to Mitigate These Risks
1. Stay Informed About the Laws
Every state has its own statutes, codes, guidance and protocols regulating medical services including IV hydration. It’s imperative to stay updated on these healthcare laws to be aware of both current and upcoming changes that could impact your business.
2. Establish Robust Policies and Procedures
Develop clear, comprehensive policies and procedures for your practice to ensure compliance with applicable laws, board requirements, and industry best practices. Continuously train your staff to follow these standards in every interaction with patients.
3. Seek Healthcare Legal Counsel
Proactively engage experienced healthcare legal professionals who specialize in healthcare regulatory compliance. They can help you:
- Review and align (or develop) your policies and practices with state laws.
- Provide guidance and support on responding to board complaints or investigations.
- Protect your interests if legal actions arise.
4. Monitor Risk Areas
Common risk areas for practices in this industry include inadequate documentation, failure to obtain proper consent, and improper delegation of responsibilities. Monitor these issues closely to avoid breaches of the standard of care.
5. Respond to Complaints Promptly
If you receive notification of a board complaint, do not delay in responding. Cooperate with investigations, and consult legal counsel immediately to guide your approach.
Protecting Your Business and Reputation
IV hydration services and medical spas offer incredible benefits to clients. However, with great opportunity comes great responsibility. Compliance with legal and ethical standards is not optional—it is the foundation for a sustainable and trustworthy practice.
By staying informed, creating strong internal processes, and seeking expert legal guidance, you can minimize risks and focus on what matters most—providing exceptional care to your patients.
If you have not yet consulted with a healthcare attorney or reviewed the policies for your practice, now is the time to take action. Don’t wait until a complaint finds its way to your mailbox to prioritize compliance and risk mitigation.
