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Q:Does my policy cover me for my liability as Medical Director of a medi-spa?
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A:If you are Medical Director of an entity insured by OMIC, coverage for your liability as Medical Director would be extended to you under the entity's professional liability policy. If the entity for which you serve as Medical Director is not insured by OMIC, we recommend that you contact the facility's carrier to determine the status of your coverage. If the entity's policy does not extend coverage to you for your services, you may be able to secure a stand-alone policy through a commercial carrier for such activities.
If you have been asked to serve as Medical Director for a medi-spa, we encourage you to personally research the legal and regulatory issues associated with medical spas. According to a recent study, 80% of all medi-spas owned by non-physicians are operating illegally. While medical spas are generally not licensed and are largely unregulated, services provided in such facilities are subject to scope of practice laws and other legislation. These laws and regulations vary by state. Some states limit the performance of certain activities (such as laser skin resurfacing or the administration of Botox injections) to specific health care professionals. Your state may require that a physician be on-site whenever services are rendered or may require that a physician personally examine each patient. Other regulations may address the dispensing of medications, informed consent processes, or medical records. The facility's failure to comply with any of these laws could not only affect the Medical Director's professional liability exposure but also could have a direct, adverse impact on his or her own licensure.
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