fee splitting ketamine clinic

Fee Splitting and Ketamine Clinics: Doctors and MSOs Beware!

One of the primary restrictions that ketamine clinics run into when retaining a Management Services Organization (MSO) are fee-splitting prohibitions. Fee splitting is a state law concept and can vary from state to state. In some instances, though, fee-splitting can also lead to issues under the federal healthcare fraud and abuse laws, as discussed below.

california psychedelics update

California Psychedelics Update

I recently published a nationwide psychedelics law roundup post. But in doing so, I realized that it’s been a while since we did a comprehensive California psychedelics update. Today, I’ll walk through the two key proposed California psychedelics laws and where they stand. California’s push to decriminalize (almost) all psychedelics In 2021, California Senator Scott

Tropical sunset palm trees

California Psychedelic Law Updates

It’s been a while since I provided an update on the state of California psychedelics law, but there have been a few important updates in the last few weeks, so it’s now that time. Before jumping in, I’ll remind readers that currently, all psychedelics are illegal under federal law unless a person has received an

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

California Ketamine Clinics: Implications From Epic Medical Management, LLC v. Paquette

The corporate practice of medicine doctrine (“CPOM”) and state anti-kickback prohibitions vary from state to state. While some states have statutory prohibitions, other states rely upon case law for CPOM. These issues are typically not heavily litigated. When there is case law covering these subjects, it is imperative to review and understand these decisions. They

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Ketamine, Internet Prescribing, and Telehealth– Say What?

The recent uptick in ketamine clinic and management service organization (“MSO”) clients at our law firm is pretty significant. It’s understandable given the groundswell of momentum behind state and local legalization and decriminalization of certain other psychedelics. Many companies that are exploring psychedelic medicines are making their way into the ketmaine space. Unlike psilocybin though

California Psychedelics senate

Psychedelics Legislation Advances in California

Earlier this year, I wrote a post entitled “California May Decriminalize Psychedelics”. My post discussed a piece of legislation that was introduced (SB-519), which would decriminalize a host of psychedelic drugs. You can read about what exactly SB-519 would do in my prior post, but I want to again emphasize that the bill in its

california legalize psychedelics

California May Decriminalize Psychedelics

On February 17, 2021, California Senator Scott Wiener introduced SB-519, a bill that if passed, would decriminalize a host of both natural and synthetic psychedelic drugs. In this post, I’ll unpack what the law would do in its current form. Before I get into the specifics of the bill, there are three things that are

Ketamine Drug chemistry structure

Ketamine Clinics and the DEA

Recently, we’ve been writing about ketamine-infusion clinics, which are increasingly popping up across the country (see a list of our past coverage at the end of this post). Over the coming weeks, we’ll dive deeper into individual laws and regulations governing clinics. Today, we focus on some of the high-level requirements of the Drug Enforcement

ketamine chemistry structure drawn on chalk board

Ketamine Clinics and the Corporate Practice of Medicine in California

Ketamine clinics are increasing in number in the United States and globally. As we described previously, ketamine is a Schedule III drug under the federal Controlled Substances Act, has been approved by the Food and Drug Administration (FDA) for certain medical uses, and may in some cases be used for off-label uses (such as anxiety

The Effort to Decriminalize Psilocybin in California is Underway

The Effort to Decriminalize Psilocybin in California is Underway

Psilocybin has been in the news with increasing frequency as research into psychedelic therapy has proliferated, and a number of local jurisdictions, including the cities of Oakland, Denver, and Santa Cruz have decriminalized psilocybin to varying degrees. Much like cannabis, public perception of certain psychedelics like psilocybin is shifting rapidly, as people really the incredible