IV therapy is one of the most exciting wellness treatments in recent years. It replenishes the body with hydration and nutrients and can boost energy levels, slow signs of aging, and improve muscle recovery.
However, several rules and regulations must be followed to offer mobile health IV services in New Jersey.
CPOM Requirements
IV Therapy is a highly effective way to restore vitamins and minerals depleted by age, exercise, stress, and illness. This treatment bypasses the digestive system to directly deliver nutrients to cells, which results in immediate hydration and a boost in immune function. IV therapy can also treat hangovers, fatigue, flu, and jet lag.
CPOM regulations dictate that licensed practitioners must own any medical entity that offers infusion services. This protects the physician-patient relationship and ensures that non-physician providers are not interfering with medicine. This is optional in every state, but it is essential to consider before opening an IV therapy practice.
The infusion area should be separate from the administrative and waiting areas. The number of patient care stations, whether bays, cubicles, or rooms, should be based on the patient acuity mix and planned use of the facility. The infusion area should accommodate family members or friends who wish to accompany patients during infusions. An infection control risk assessment should determine a ratio of open to private bays, cubicles, or rooms.
A hand-washing station should be located in, or immediately accessible to, the infusion area. In addition, a patient toilet room should be provided. This should be sized appropriately to allow a person to enter and exit the patient toilet room without leaving the infusion area.
Non-Physician Providers
Unlike some states, New Jersey has no law requiring a physician to own a business providing IV therapy. However, the practice of medicine and the business of IV therapy are two different things, and there are strict rules regarding what kind of entity may own an IV bar or similar industry.
Often, IV therapy is offered in medical spas or by independent medical practitioners based on IV therapy regulations in New Jersey. When this occurs, the law requires that a physician or physicians own at least 51% of the entity providing IV services. Various non-physician healthcare professionals, including PAs, NPs, and RNs, can hold the rest.
If a physician does not own 100% of an entity offering IV services, it must comply with the state’s CPOM laws. The CPOM laws were created to prevent conflicts of interest between a physician’s obligation to provide medical care and the desire of the physician to maximize profits. This is why it is essential to understand the difference between a medical corporation and a general business corporation regarding IV therapy.
Ultimately, the best way to ensure compliance with state laws is to collaborate with an advanced practice nurse (APN) who has completed the necessary training. These nurses are eligible to provide services directly reimbursed by Medicare, NJ Medicaid, and a growing number of private insurance companies.
Good Faith Exam
The good faith exam is a standard part of medical procedures and treatments. It identifies potential risks and ensures that a patient’s preexisting health conditions are appropriate for the course. This assessment is essential for med spas that offer treatments considered medical procedures, such as IV therapy. These medical spas must demonstrate that they provide patients with the best care possible while adhering to all regulations.
For IV nutrition therapy providers, the good faith exam focuses on whether or not a person has vitamin and nutrient deficiencies. This can be done through blood work and urinalysis. The provider then consults with the patient to discuss their treatment goals and determine if IV therapy is the right option for them.
Good faith exams can be conducted in-person or remotely, depending on the state. Virtual good faith exams are becoming more common because they provide greater flexibility and efficiency. They can be accomplished via a telemedicine platform, which connects patients with licensed nurse practitioners who perform the examination.
Physicians, physician assistants (PAs), and advanced practice nurses/nurse practitioners (APN/NPs) must perform good faith exams. They may delegate the ability to administer the good faith exam to a registered nurse (RN). However, the RN must not generate any orders for treatment.
Supervision Requirements
IV hydration has quickly become an increasingly popular treatment in health and wellness. The treatment has improved hydration, boosted energy levels, and replenished nutrient deficiencies. In addition, it can ease symptoms associated with cold and flu symptoms.
IV therapy may be a “spa” service, but it falls under the practice of medicine and is thus subject to CPOM regulations. This means that only trained and licensed medical professionals can administer IV services.
This can include physicians, PAs, NPs, and nurses. In many states, these providers must also perform a good faith exam before administering IV therapy.
LVNs (Licensed Practical Nurses) can also provide IV therapy, but a registered nurse must supervise them. In some cases, this can be done via telesupervision.
However, if the LVN performs a telesupervision session, it must be in real-time, not a video conference. This ensures the LVN provides direct supervision rather than just observing or providing guided observation.
While the IV hydration industry is still relatively new, there are some legal considerations that every business should be aware of. With proper staffing, training, and legal advice, any IV hydration business can operate safely and in compliance with state laws.
