The FDA recently issued an alert on injectable silicone for body contouring. This alert brought to mind the calls we get from dentists on the issue of providing Botox and/or dermal filler services at salons, parties or otherwise outside their own practices. Some dentists would provide the treatment themselves; some would supervise other healthcare professionals providing this service.

Posted in Risk Management on Sunday, July 15, 2018

The FDA recently issued an alert on injectable silicone for body contouring. This alert brought to mind the calls we get from dentists on the issue of providing Botox and/or dermal filler services at salons, parties or otherwise outside their own practices. Some dentists would provide the treatment themselves; some would supervise other healthcare professionals providing this service.

Although Botox parties offer additional earning potential, consider the risks:

• By providing these services as a dental professional, you may be initiating a doctor/patient relationship (even at a casual party). While state laws vary, a doctor/patient relationship generally is formed when a doctor examines, diagnoses or treats a patient.  
• If a complaint were to be lodged against you with your state dental board, would the board determine you were practicing within your specialty? 
• Your professional liability coverage and your state practice act may contain language that requires facial cosmetic and aesthetic procedures be performed adjunct to patient dental care. If you are not providing adjunct dental care, this activity may invalidate your malpractice coverage.
• Your professional liability coverage was written, rated and issued based on the location you identified in your coverage application. Changes in location must be reported to the carrier.
• In your designated office practice, you have complete control over staff, sanitary and emergency protocols. Would they be under your control at other locations? Are they medically appropriate (sterile) locations? 
• Would you provide the same due diligence with patient assessments, informed consent and patient safety as you would in your practice? Keep in mind that informed consent must be done before the recipient is under the influence of drugs or alcohol (including prescription pain medications).
• Do you have the ability to document the procedure you are performing, the amount of toxin/filler injected and the areas treated, and how well the patient tolerated the procedure?
• How would you address HIPAA issues in a group setting?
• If you are considering being the “director” for services being performed by others, would your policy protect you for any claims arising from your supervision?

If you have any questions about this topic, please contact us.