The Med Spa Medical Director Agreement

Because med spas offer aesthetic procedures that are deemed medical services, typically procedures such as non-hair removal laser treatments and injectables, a non-physician owned entity must have a medical director who is ultimately responsible for the care clients receive.

Not to be confused with a physician delegation agreement, which outlines the delegation of certain medical responsibilities to a mid-level, a medical director agreement in the context of a med spa outlines the professional relationship and responsibilities between the spa and a licensed medical professional who serves as the medical director.

Under the provisions of Tex. Admin. Code §193.17 a written medical agreement is not required. (Tex. Admin Code §193.17(d)(2) sets out the requirements for what must be in writing. Medical director agreement is not included.) When a doctor allows a spa to use their prescriptive authority, they take on the role of a medical director and become subject to all the requirements of the statute, irrespective of whether a written agreement exists. But, to protect both parties, a medical director agreement is strongly advised.

This article summarizes some of the key components of a typical medical director agreement in the med spa context.

1. Scope of Services

The scope of services should clearly define the medical director's role and responsibilities, including the specific medical services they will oversee. This will involve reviewing and approving treatment protocols, ensuring compliance with relevant regulations, and providing medical supervision for all procedures.

2. Qualifications

This term stipulates the qualifications and credentials required for the medical director, which ideally would include being a licensed physician with expertise in dermatology, plastic surgery, or a related field. This section may also include any certifications or licenses necessary for the medical director to practice in the jurisdiction.

3. Hours and Availability

Outlining the expected time commitment of the medical director to the med spa, this provision will include regular office hours, on-call responsibilities, and availability for emergency situations or consultations.

4. Supervision and Training

Supervision and training are critical elements of the medical director agreement, as they define the extent of the medical director's role in supervising other medical professionals, estheticians, or technicians within the med spa. This could involve providing training on new procedures, ensuring staff competency, and maintaining a standard of care.

5. Compliance and Regulations

Another vital component for med spas, compliance and regulation provisions address the importance of conformity with all relevant laws, regulations, and ethical standards. The agreement will specify that the medical director is responsible for ensuring that all procedures performed in the med spa adhere to the applicable legal and professional touchstones.

6. Compensation

Detailing the compensation structure for the medical director, compensation terms usually outline a salary, hourly rate, or a fixed stipend.

7. Indemnification and Liability

As with any agreement, terms should appear clarifying the responsibilities and liabilities of both parties in case of legal issues or malpractice claims, which may include mutual indemnification clauses, limitations of liability, and payment of attorneys’ fees.

8. Term and Termination

Term and termination clauses specify the duration of the agreement, renewal options, and conditions under which either party can terminate the agreement, including optional notice and cure periods.

9. Confidentiality and Non-Compete

Medical director agreements should, at minimum, address the confidentiality of patient information. And because medical director relationships are a critical functioning component of non-physician-owned med spas, non-compete clauses should also appear to prevent the medical director from providing similar services in a competing establishment for a specified period during or after the termination of the agreement.

10. Miscellaneous Provisions

Including any other relevant provisions such as dispute resolution mechanisms and amendments to the agreement should also be considered by the parties.

The Take-Away on Med Spa Medical Director Agreements

It is essential for both parties to carefully review and negotiate the terms of the agreement to ensure mutual understanding and compliance with legal and regulatory requirements. Like with any legally binding agreement, counsel is necessary to ensure rights and responsibilities are fully considered and outlined.

The firm offers a medical director agreement as a component of our flat-fee med spa formation service and is proud to note that it has successfully withstood regulatory scrutiny. This marker exemplifies why it is important for med spas to ensure that they have counsel knowledgeable in this industry.