Ketamine, traditionally used as an anesthetic, is gaining attention for its potential in treating PTSD, depression, and anxiety with low doses. This interest has led to the rise of ketamine clinics, specialized places offering ketamine infusions as a treatment option. If you’re thinking about joining this field, it’s essential to understand the legal and practical aspects involved. This guide will break down key points for offering ketamine treatment services.
Understanding Ketamine Use
Ketamine has been a familiar anesthetic, but recently, it’s being explored for its benefits in mental health treatment. This has created a demand for ketamine clinics – special places offering ketamine infusions for mental health conditions.
Our firm has experience guiding healthcare providers through the rules, licenses, and supervision requirements for offering ketamine treatment for depression and mental health issues. We can help you figure out the legal aspects of starting a ketamine clinic.
Ownership Rules in Texas
In Texas, owning a ketamine clinic follows the Corporate Practice of Medicine doctrine. This means a licensed physician must own the clinic. However, non-licensed individuals can still play a role by owning a management company that provides services to physician-owned ketamine clinics, if structured correctly. If you’re not a licensed physician but want to open a ketamine clinic in Texas, our attorneys can help you design an ownership structure that follows the rules.
Administration of Ketamine
Only a licensed physician with specific DEA registration can administer ketamine treatments. Delegation to a certified registered nurse anesthetist (CRNA) is possible, but the physician must be present during administration due to ketamine being a scheduled drug. We can guide you through the requirements set by the Texas Medical Board.
FDA Approval and Off-Label Use
Ketamine is FDA-approved as an anesthetic, but only esketamine, a nasal spray, has approval for treatment-resistant depression. However, doctors can use ketamine off-label for other conditions. To ensure safe use, the American Psychiatric Association provides guidance on patient selection, treatment settings, clinician training, and treatment plans.
Licenses in Texas
Only licensed physicians can own a ketamine clinic in Texas. Clinicians working under supervision can be registered nurses or licensed physician assistants. While there’s no need for a facility license, following recommendations on equipment and staffing from the American Psychiatric Association is crucial.
Structuring Your Ketamine Clinic
The structure of your clinic depends on the licenses held by investors. Physician-owned clinics are often PLLCs, while non-physician-owned management services organizations should be LLCs. A management services agreement establishes a relationship between these entities. A licensed physician must own the clinic, as a management company by non-physicians can only handle non-clinical aspects.
Mobile anesthesia providers are addressed in the Texas Administrative Code, but it didn’t anticipate ketamine for depression. If you’re considering a mobile clinic, legal advice is crucial.
How Our Attorneys Can Help
If you’re thinking about starting or investing in a ketamine clinic in Texas, working with an attorney is crucial to protect your license and comply with laws. Dike Law Group has experience working with various healthcare professionals ranging from physicians and CRNAs to PMH RNs, PMH APRNs, PAs, and other healthcare investors. to set up ketamine therapy clinics.
Starting a journey in offering ketamine treatment requires understanding legal rules and practical considerations. Whether you’re a healthcare professional or an investor, our team at Dike Law Group is here to guide you through the process, ensuring your venture aligns with all the rules and regulations.
If you’re in need of help, guidance or have questions concerning ketamine therapy, healthcare business matters or trademarks, we invite you to explore our website at Dike Law Group. To initiate a free intake discussion, please go to www.dorismeet.com, where you can schedule a meeting with one of our attorneys. Our services assist healthcare professionals in Texas and throughout the country.