The GLP-1 receptor agonist market is booming. With projections reaching $471.1 billion by 2032, adding weight-loss drugs like semaglutide to your aesthetic surgery practice sounds could be a lucrative move. But before diving in, there are legal pitfalls that could sink your business if overlooked. From marketing and telehealth laws to provider scope of practice and compounding rules, compliance is non-negotiable. Here’s what you need to know to capitalize on this trend without risking your license or your bottom line.
Market the Wrong Way, You Might Get Sued
Marketing GLP-1s requires more than just clever ads. Pharmaceutical giants like Eli Lilly are aggressively suing clinics, medical spas, and providers over misleading advertising and trademark misuse, particularly when it involves compounded versions of GLP-1s. Federal agencies like the FDA and FTC are also watching closely.
To stay compliant, ensure every claim in your marketing materials is backed by evidence and aligned with FDA guidelines. Avoid implying that compounded versions of GLP-1s are identical to branded medications like Ozempic or Wegovy. Also, monitor state-specific regulations related to the advertising of prescription medications. Even a seemingly minor slip-up in your ad copy could trigger a cease-and-desist order or worse, a costly lawsuit.
Pro Tip: If you outsource your marketing, ensure your agency understand the nuances of healthcare advertising. Ignorance won’t protect you if regulators come knocking.
Telehealth Can Be a Minefield
Offering GLP-1 consultations via telehealth might sound convenient, but state laws on virtual prescribing are complex and vary widely. In some states, physicians can prescribe GLP-1s after a virtual consultation, while mid-level providers may face stricter limitations or be prohibited from prescribing via telehealth altogether.
Certain states also require an in-person exam before prescribing any weight-loss drugs. Ignore this, and you risk both legal penalties and patient safety concerns. Before rolling out a telehealth model, consult your state’s medical board to ensure compliance. And remember, telehealth laws are evolving quickly. Regular legal reviews are essential to stay ahead of changes.
Know Who Can Prescribe (And Who Can’t)
Scope-of-practice laws are another legal landmine. Each state defines which professionals can prescribe GLP-1s, whether supervision is required, and what follow-up care is mandated. For example, some states allow nurse practitioners to prescribe independently, while others require physician oversight. Similarly, physician assistants may face prescribing restrictions depending on their collaborative agreement.
Get this wrong, and you’re not just risking fines. You could face malpractice claims or license suspension. Ensure that the right professionals are conducting physical exams, developing treatment plans, and handling follow-ups. And if your practice spans multiple states, know the laws in each jurisdiction where you operate.
Referral Fees and Kickbacks? Tread Carefully
Referral fees are common in many industries, but when it comes to healthcare, and especially cash-based services like GLP-1 treatments, they can trigger violations of anti-kickback and fee-splitting laws. For example, paying a marketing company per patient referral might seem harmless, but in certain states, it could be classified as an illegal kickback.
Subscription-based models, popular for ongoing weight-loss treatments, can also pose legal risks. If not properly structured, single-patient subscription fees may violate state laws that prohibit charging fees unrelated to specific services provided. Before implementing any referral or payment structure, consult legal counsel familiar with your state’s regulations.
Compounded GLP-1s: Not Always a Shortcut
Compounded versions of GLP-1s are gaining traction, especially as branded options face supply shortages. But offering compounded drugs comes with legal strings attached. Under the Federal Food, Drug, and Cosmetic Act, compounded medications must meet specific criteria to qualify for exemptions under sections 503A and 503B.
In simple terms: You can’t just buy compounded semaglutide from any pharmacy and start prescribing. Ensure your compounding pharmacy is compliant with both federal and state regulations, and verify that its practices meet the necessary standards for quality and safety. Cutting corners here can lead to regulatory action, as well as serious harm to your patients.
Compliance: The Best Investment You Can Make
Integrating GLP-1 treatments into your aesthetic surgery practice can certainly be a game-changer. The demand is there, and your patients may already be asking for them. The financial rewards can also be significant. But the legal landscape is complex, and missteps can be costly.
Every aspect of your GLP-1 service line needs to be legally airtight. The smartest move? Partner with a healthcare attorney who understands both aesthetic medicine and the regulatory nuances of weight-loss treatments. Because in this competitive market, the last thing you want is to make headlines for the wrong reasons.
SOURCES: Modern Aesthetics, Research and Markets, FDA, Injectables EDU, American Med Spa Association
Legal Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice. The information provided is based on general principles and may not reflect the most current legal developments. Readers should consult qualified legal counsel familiar with healthcare regulations and their specific jurisdiction before implementing any GLP-1 weight loss treatments or related business practices. The authors and publishers disclaim any liability for actions taken based on this content.
