Who is Legally Allowed to Own and Operate an IV Bar?

September 18, 2024
CLARK.LAW

As we continue to explore the legal risks and implications associated with modern “medspas” and other similar on-demand medical and medical-adjacent services, we want to address legal ownership and operation of IV bars. IV bars are a popular destination for those who are recovering from a night out, need a hydration boost, or are feeling low energy.

These bars, often called “drip bars,” have popped up in cities across the country. Customers come in without a prior note or prescription from a doctor and simply get an IV in their arm and go about their day. But, what legal hurdles are being covered behind the scenes to ensure this ease of access for customers and patients?

Legal Ownership of IV Drip Bars

IV bars, often categorized under the broader “medspa” umbrella, are subject to state-specific ownership laws and regulations. Just like other medical-adjacent businesses, the ability to own and operate an IV bar depends heavily on the legal framework established in your state. Some states have strict requirements that dictate who can hold an ownership stake in such a business. For instance, certain states may only allow licensed medical professionals to own and operate an IV bar, while others might permit non-medical individuals to hold ownership, provided they adhere to specific management structures.

Understanding these nuances is crucial for anyone considering entering the IV bar market. Missteps in structuring ownership can lead to legal challenges, including penalties, fines, or even the forced closure of the business. To avoid such pitfalls, it’s essential to consult with an attorney who can review your state’s specific laws. They can provide tailored guidance on how to structure your ownership, manage the business, and ensure compliance with all relevant regulations. This proactive approach will help safeguard your investment and ensure that your IV bar operates within the legal boundaries set by your state.

Who Can Administer IV Drips?

Because this requires an actual injection, the person administering the IV drip at an IV bar needs to be a licensed medical professional. They need to have the proper training and can’t just be anyone off the street who is looking for a job.

Customers and patients should feel confident that the person who is injecting them has the necessary qualifications to do so. There is ultimately risk involved whenever an injection is made directly into the veins. The level of medical experience of the person administering the IV drip does differ by state. In most states, a licensed nurse, physician, or another medical professional must handle the administration of IV drips in an IV bar.

For IV bar owners, ensuring that all staff members who administer treatments are properly licensed and trained is not just a legal requirement but also a crucial part of building trust with customers. This trust is essential for the success of your business, as it assures clients that they are receiving care from qualified professionals.

Other Legal Considerations for Owning and Operating an IV Bar

  • Document Medical Processes: When you are running any form of medical operation or business, you need to ensure proper documentation at all times to protect your work. This includes keeping and protecting patient records.
  • Marketing Laws: Each state has its own marketing laws, but the FTC monitors any potential false advertising of the effects of IV fluids. Be sure to understand the limitations of marketing this type of medspa to avoid penalties.
  • Avoid Referal Programs or Kickbacks: The law prevents any doctors from referring patients to specific health services or businesses that they or a family member has a personal financial interest in. This means a doctor is not allowed to profit off of a referral to any medical provider, and medical professionals are not allowed to receive kickbacks in exchange for referrals to another provider.
  • Partner with Modern Legal Counsel: Contact CLARK.LAW for peace of mind. You will be working with a modern business law firm that understands the laws and regulations associated with IV bars and other medspas. We want to ensure you are up to full compliance and are able to operate your business with confidence.
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CLARK.LAW

At CLARK.LAW, we’ve built a different type of law firm. Our attorneys and staff have impressive educational and professional experience – but, unlike traditional law firms, we embrace modern technology to create efficient workflows and processes. Today’s business leaders should have access to high-quality legal guidance without subjecting themselves to the waste and excessive overhead that plagues traditional law firms.

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