5 April 2024
Like med spas, weight loss centers, and other boutique wellness providers, IV infusion therapy
practices are taking off. But what is IV infusion and who can operate these practices? Are
there any other legal considerations that need to be evaluated? Prior to entering into this
emerging market, it is important to understand the Massachusetts specific requirements
surrounding these types of practices.
- What is an IV infusion bar?
An iv infusion bar is a business that offers IV hydration therapy to its patients with an
emphasis on health and wellness benefits. Specifically, the patient receives an
intravenous drip filled with supplements, vitamins, and/or medications as recommended
by a provider to address a specific health condition. IV infusion therapy targets
conditions ranging from hydration to anti-aging and everything in between.
- Who can own an IV infusion bar?
Vitamins and supplements given to a patient via intravenous therapy are not something that Joe
off the street can offer to patients. Intravenous therapies can only be administered by
licensed professionals if permitted within the scope of practice for their specific license.
Much like the Commonwealth’s stance on physician and dental practices being owned by non-
licensed professionals, a clinic license is required to operate an IV hydration bar unless it is
owned and operated by certain licensed health professionals. That said, it is possible to involve a
non-licensed individual in the business akin to how private equity companies have entered the
dental world. The essential component to this is being clear on who owns what and who has
control over the professionals providing the treatment.
- What about weight loss medications?
As weight loss supplements and medication pick up steam as well, an evolving question
in this field is whether IV infusion bars can also offer weight loss services as part of their
wellness approach. The answer is yes, but with certain conditions. An IV infusion bar’s
ability to offer this supplement as part of its health and wellness approach depends on
how the weight loss supplement or medication is being administered and what exactly is
given to the patient. Providers should be aware of statutory requirements surrounding
how much of a prescription medication can be sent home with the patient. The use of
semaglutide medication, such as Ozempic, is particularly popular in the weight loss
arena. Providers prescribing semaglutides should be cognizant of how they are
marketing these drugs, and keep an eye out for any new regulations or guidelines from
the Federal or Massachusetts government.
- Other legal considerations? Compounding?
Additional considerations for IV infusion practice owners are issues of how the
supplements and vitamins are obtained by the practice and then given to the patient, i.e.,
is this a pre-packaged, pre-mixed solution given to the patient based on their health
needs or is the facility making these packages on site and adding it supplements as
recommended? The Commonwealth closely regulates the “how,” so this is something to
be mindful of as one considers opening this type of practice, specifically if a practice is
“compounding” their own solutions. If purchasing pre-mixed solutions, practices should
also closely vet the compounding pharmacies they choose to order from to ensure that
they operate in compliance with Massachusetts law. As the realm of IV therapy is so
new and so popular, it is also likely that soon various licensing boards are going to
render more public opinions on IV therapy practices and how they expect their licensed
professionals to operate within that field, which could change the game and require
current practices to re-assess their operations.
The health and business law attorneys at Pierce & Mandell, P.C. are available to advise on IV infusion therapy practices. Feel free to contact Bill Mandell, Esq. at bill@piercemandell.com, Hannah Schindler Spinelli, Esq. at hannah@piercemandell.com, or Julie Niejadlik, Esq. at julie@piercemandell.com for more information about our representation of owners and operators of IV infusion therapy practices.
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