factual

What government laws and regulations must Advanced Mobile Iv And Amiv franchisees comply with?

Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDD

Answer from 2023 FDD Document

any court or arbitration proceeding.

You and anyone acting as your agent will cooperate fully with us and our agents in connection with these inspections, observations, and interviews. You expressly waive any rights of privacy or confidentiality you have with your personnel, customers, vendors and partners in reference to these inspections, observations and interviews.

B. Local Laws and Licenses. You will comply with all applicable ordinances, regulations, bylaws, laws, and statutes. You will not permit unlawful activities in the Franchise business and will not sell, exchange, offer, hold, show, rent, or permit to be sold, exchanged, offered, held, shown, or rented any material or service you know or reasonably suspect to have been obtained in violation of law or to be otherwise illegal. You may not provide, control, or supervise the intravenous therapies or hydration services if you are not properly licensed and qualified. Because various federal and state laws govern the practice of medicine and the ownership of medical practices and healthcare businesses, it is critically important that a franchisee that is not a licensed healthcare professional does not engage in conduct or practices that are, or may appear to be, the practice of medicine.

You will secure and maintain in force all required licenses, permits and certificates relating to the operation of the Franchise and will operate the Franchise in full compliance with all applicable ordinances and regulations, including without limitation, all government laws and regulations relating to occupational hazards and health, corporate practice of medicine, EEOC laws, Americans with Disabilities Act, copyright laws protecting owners of artistic works, consumer protection, trade regulations, workers compensation, unemployment insurance and withholding, and payment of federal and state income taxes, social security taxes and sales, use and property taxes.

Intravenous therapy and hydration services are heavily regulated. Most states have specific regulations on these services and the business providing these services. It will be your duty to investigate, know, understand, and adhere to all local and state IV administration and medical practice regulations. You are

15 – ADVANCED MOBILE IV FRANCHISE AGREEMENT

responsible to make sure that you do not violate any federal and state laws and regulations related to the practice of medicine, including state board of medicine rules. Generally, this means that all intravenous therapies and hydration services be rendered by currently licensed registered nurses or similar medical professionals. All procedures must follow state and federal laws and regulations and rules, requirements, and recommendations of national, state, and local associations, boards, and other appropriate regulation entities that address the following subjects areas, among others:

Practice of medicine and the operation of medical services;

Treatment controls and monitoring;

Fraud and abuse statutes;

OSHA laws;

Physician self-referral, including the federal "Stark Law", patient-brokering, and anti-kickback laws and restrictions;

Payment systems for medical benefits to individuals through insurance and government resources (including Medicare and Medicaid) and state billing limitations, opt-out rules, and participation conditions;

Restrictions or prohibitions on the corporate practice of medicine, captain-of-the-ship requirements, and fee splitting;

Privacy of patient records, including the Health Insurance Portability and Accountability Act ("HIPPA") and related regulations;

Use of medical devices;

Source: Item 23 — RECEIPTS (FDD pages 54–202)

What This Means (2023 FDD)

According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, franchisees must adhere to all applicable ordinances, regulations, bylaws, laws, and statutes. This includes ensuring that no unlawful activities occur within the franchise business and that no materials or services are sold or exchanged if they are known or suspected to have been obtained illegally. If a franchisee is not a licensed healthcare professional, they must not engage in any conduct that could be perceived as the practice of medicine.

Advanced Mobile Iv And Amiv franchisees must secure and maintain all required licenses, permits, and certificates necessary for operating the franchise. Compliance with all applicable ordinances and regulations is mandatory, including government laws and regulations related to occupational hazards and health, corporate practice of medicine, EEOC laws, the Americans with Disabilities Act, copyright laws, consumer protection, trade regulations, workers' compensation, unemployment insurance, and the withholding and payment of federal and state income taxes, social security taxes, and sales, use, and property taxes.

Given that intravenous therapy and hydration services are heavily regulated, Advanced Mobile Iv And Amiv franchisees must investigate, understand, and adhere to all local and state IV administration and medical practice regulations. Franchisees must also ensure they do not violate any federal and state laws related to the practice of medicine, which generally means that all intravenous therapies and hydration services must be administered by currently licensed registered nurses or similar medical professionals. All procedures must comply with state and federal laws, as well as the rules, requirements, and recommendations of national, state, and local regulatory entities. These regulations address areas such as the practice of medicine and the operation of medical services, treatment controls and monitoring, fraud and abuse statutes, OSHA laws, physician self-referral (including the Stark Law), patient-brokering, anti-kickback laws, payment systems for medical benefits, restrictions on the corporate practice of medicine, privacy of patient records (including HIPAA), use of medical devices, hazardous waste handling and disposal, health and sanitation, access by persons with disabilities, safety, zoning, and advertising of medical services.

Prospective Advanced Mobile Iv And Amiv franchisees should be aware of the extensive and varied legal and regulatory requirements governing the operation of their franchise. The complexity of these regulations, particularly those related to medical practices, necessitates thorough due diligence and ongoing compliance efforts. Franchisees should consult with legal and healthcare professionals to ensure they fully understand and meet all applicable requirements, thereby mitigating the risk of non-compliance and potential penalties.

Disclaimer: This information is extracted from the 2023 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.