Is IV Therapy the Practice of Medicine?

Is Administering IV Therapy the practice of Medicine in Florida?

From a legal perspective, although Florida has not decisively come out to declare it one way or the other, as a healthcare professional the question to ask yourself are as follows:

What is considered the Practice of Medicine?

  1. Am I diagnosing a medical condition? Only licensed healthcare professionals can make medical diagnoses.
  2. Am I prescribing medication or treatment? Again, this is generally reserved for licensed healthcare professionals.
  3. Am I interpreting medical tests or images? This typically requires a medical license.
  4. Am I providing advice about specific medical conditions or treatments? Be aware that even giving advice can be considered practicing medicine if it's specific to an individual's condition.
  5. Am I performing invasive or surgical procedures? This is generally considered practicing medicine.
  6. Am I representing myself as a healthcare professional or giving the impression that I am licensed or qualified to practice medicine?
  7. Is the service I'm providing typically performed by a licensed healthcare professional
If the answer to any of these questions is "yes," then you may be practicing medicine, and should consult with a physician medical expert and legal professional to ensure you're not violating any laws. It's important to note that the definition of "practicing medicine" can vary by jurisdiction, so what's considered practicing medicine in one state or country might not be in another. Remember, practicing medicine without a license is illegal and can result in criminal charges, civil penalties, and professional discipline.
 

Who can diagnose IV Therapy in Florida?

Again, Florida law is not explicit on whether diagnosing IV Therapy is the practice of medicine, but it certainly appears to be.  If you are considering giving IV therapy to a person/patient, then our suggestion is that you consider getting a licensed practitioner as your medical director, unless you are one yourself. 
 

Who can be a Medical Director in Florida?

As of 2023, only a licensed: Physician (MD, DO), podiatrist (DPM), dentist (DMD or DDS), physician assistant (PA), or a certified nurse practitioner (CRNP) who is duly licensed in the State can diagnose a patient, assess their symptoms and recommend an IV for the treatment of the patient's condition.  Our suggestion is to always have a MD or a DO be your medical director.  You noticed that an registered nurse is not one of those professions that can be a medical director.  
 

Can a RN Administer IV Therapy in Florida?

The answer to administering is, yes they can; however to qualify they need to have gone through the 30 hour IV Therapy Course.https://www.mirzahealthlaw.com/what-is-the-30-hour-requirement-for-iv-therapyThis also means that a medical technician cannot do that.  
 

 What steps have to be taken to administer IV Therapy in a retail setting?

  1. Screening the patient. 
  2. Performing a good faith examination of the patient. 
  3. Creating a medical record of the patient
  4. keeping proper medical records.
  5. Discussing the IV Therapy options available. 
  6. Issuing a prescription prior to administering IV therapy.
  7. Obtaining the patients written consent to administer the IV Therapy.
  8. Administering the therapy.
  9. Observing the patient for a period of time to ensure no complications have occurred.
 

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