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Get the Scoop on legal affairs, medical spas, a bit of humour, sturctured settlement, bankrupcy, current affairs, etc.

Thursday, March 02, 2006

Medical Spas

MEDICAL SPAS are one of the new trends of the century that is just exploding.

Alexis Ufland is a Spa Consultant, here's an excerpt taken from her article:

The Medical Spa - The Next Generation of the Spa Industry

As defined by the International SPA Association, a Medical Spa is an institution whose primary purpose is to provide comprehensive medical and wellness care in an environment, which integrates spa services as well as conventional and complimentary therapies and treatments. Dermatologists and Plastic Surgeons have been jumping on the bandwagon joining Day Spas and even expanding their practices to offer ‘higher level’ Spa services and care. As a consultant for the development of Medical and Day Spas, Fitness Centers and Hair Salons, I can attest that this is a welcome change to the industry.

Like a Day Spa, the Medical Spa enforces the importance of a relaxing atmosphere. Attention to detail is essential - from the color of the walls to the fabric of the robes. A soothing, comforting ambiance helps to put the client at ease for even the most uncomfortable medical procedures. However, the Medical Spa differs from a Day Spa in the following two regards. As a Medical Spa houses both a Medical and Esthetic staff under one roof, both medical and cosmetic treatments are offered within the center. Depending on the doctor(s) present, these services may range anywhere from Botox injections to Lipo-suction. Therefore, one role of the Medical Spa is a comprehensive approach to caring for the client before, during and after these procedures take place. The second distinction is, again with the presence of Western Medicine, the Medical Spa is able to use a higher-grade product and, therefore, the Spa services show greater results. A Medical Spa is the perfect balance between clinical and luxury.

The first step in creating a Medical Spa is the concept design and menu of service. With the Doctor holding the reigns, the developmental stage must include their involvement. The Doctors support of all Spa services and products is crucial to a Medical Spa’s success. The difficulty lies in creating a menu of service that is synergistic with the doctor’s way of thinking, yet still a marketable product.

Along with service selection, finding the correct ranges of products is a vital part in development of the Medical Spa concept. Pharmaceutical companies have just begun designing products solely for Medical Spas. Dermatological pharmaceutical representatives allow these new products to be offered in your spa as long as there is a Doctor on staff. Custom facial design is necessary, though, as pharmaceutical product ranges do not impart technique.

Tuesday, February 28, 2006

Humor: The Dying Pastor!

An old pastor was dying. He sent a message for an IRS agent and his lawyer to come to the hospital. When they arrived, they were ushered up to his room.

As they entered the room, the pastor held out his hands and motioned for them to sit on each side of the bed. The pastor grasped their hands, sighed contentedly, smiled, and stared at the ceiling. For a time, no one said anything.

Both the IRS agent and lawyer were touched and flattered that the old pastor would ask them to be with him during his final moments. They were also puzzled because the pastor had never given any indication that he particularly liked either one of them.

Finally, the lawyer asked, "Pastor, why did you ask the two of us to come here?" The old pastor mustered up some strength, then said weakly, "Jesus died between two thieves, and that's how I want to go, too."

Monday, February 27, 2006

Humor: A Lawyer's Dilemma!

A lawyer went duck hunting in rural North Dakota. He shot and dropped a bird, but it fell into a farmer's field on the other side of a fence. As the lawyer climbed over the fence, an elderly farmer drove up on his tractor and asked him what he was doing.

The lawyer responded, "I shot a duck and it fell in this field, and now I'm going to retrieve it."

The old farmer replied, "This is my property, and you are not coming over here."

The indignant lawyer said, "I'm one of the best trial attorneys in California and, if you don't let me get that duck, I'll sue you and take everything you own."

The old farmer smiled and said, "Apparently, you don't know how we settle disputes in North Dakota. We settle small disagreements like this with the North Dakota Three Kick Rule.

"The lawyer asked, "What's that?"

The farmer replied, "Well, because the dispute occurs on my land, first I kick you three times and then you kick me three times and so on back and forth until someone gives up."

The attorney quickly thought about the proposed contest and decided that he could easily take the old codger. He agreed to abide by the local custom.

The old farmer slowly climbed down from the tractor and walked up to the attorney. His first kick planted the toe of his heavy steel-toed work boot into the lawyer's groin and dropped him to his knees. His second kick to the midriff sent the lawyer's last meal gushing from his mouth. The barrister was on all fours when the farmer's third kick to his rear end sent him face-first into a fresh cow pie.

The lawyer summoned every bit of his will and managed to get to his feet.

Wiping his face with the arm of his jacket, he said, "Okay, you old coot. Now it's my turn."

[I love this part.....]

The old farmer smiled and said, "Naw, I give up. You can have the duck."

Saturday, February 25, 2006

Can I Really Trust My Lawyer?

A criminal charge is a tremendous burden to carry. After dealing with the initial shock and feelings that accompany being charged, you are left with the realization that action must be taken. This means hiring a lawyer. At a time when you are most vulnerable, you must place your life into the hands of a stranger. But how can you trust someone you have never met before?

To answer this question, it is important to understand the role that the criminal defence lawyer plays in the criminal justice system.

When a person is charged with a criminal offence, an action or lawsuit is created between two parties. However, it is not between the complainant (the alleged victim) and the accused. Instead, it is a case between the State and the accused. This means that an individual must defend him or herself against the government.

The government is an organized structure with vast and nearly limitless resources. Police, scientists, accountants, and numerous other professionals and experts are employed by the government to detect criminal activity and the person or persons responsible. Once someone is singled out as a suspect, these government resources change focus and set out to prove that person guilty.

On this unequal playing field, how does an individual stand a chance? In an attempt to balance the scales, the law entitles an accused person to a defence lawyer. This is the one and only person within the legal system that is on the side of the accused. While the rest of society may have already drawn its conclusions as to the guilt of the accused, it is the defence lawyer’s duty to have confidence in the truth of what his client tells him. The defence lawyer is on the side of his client and no one else’s. He does not judge his client.

The presumption of innocence dictates that no person shall be convicted of an offence until proven guilty beyond a reasonable doubt. The defence lawyer brings meaning to this presumption by standing up for and fighting on behalf of his client. He does everything within the bounds of the law to defend his client.

This role is as essential to the Canadian criminal justice system as are the roles of the police, prosecutor and judge. The criminal defence lawyer must fulfil this role not only as a duty to his client but to society as well. Without the criminal defence lawyer the justice system would be rendered completely ineffective in its quest to find truth. For how can the truth be discovered unless both sides of the story are presented?

The Law Society of Upper Canada (the body that governs lawyers in Ontario) dictates that a lawyer owes a duty to his client to fearlessly raise every issue, advance every argument, and ask every question, however distasteful, which he thinks will help his client’s case. The lawyer must also endeavour to obtain for his client the benefit of any and every remedy and defence, which is authorized by law.

The criminal defence lawyer’s loyalty to his client is not a personal choice but a duty he has vowed to fulfil. This unwavering loyalty is what breeds the trust that is essential to open and frank communication between lawyer and client. Such communication is imperative to building an effective defence.

What is Computer or Internet crime?

There is no formal definition of computer crime or Internet crime. However, this type of crime may be described as an activity in which a computer or the Internet is used to further a criminal purpose. Simply put, it’s an offence involving the use of a computer or the Internet.

The possession and distribution of child pornography are examples of crimes that can be committed with the aid of computers and the Internet. The offence of mischief in relation to data doesn’t specifically refer to either the term computers or Internet in its definition. However, today’s reality is that data is stored on computers. Other crimes such as fraud, criminal harassment, and uttering threats may also be committed with the aid of these devices. There are many more. However, there is no mention of computers or the Internet in the definitions of any of these offences. Therefore, they can also be committed outside the world of computers and the Internet.

There are, however, offences that specifically address certain types of computer and Internet behaviour. As an example, it is an offence under the Criminal Code of Canada to fraudulently obtain any computer service or possess a device designed primarily to fraudulently obtain computer service. In 2002, amendments were made to the sections of the Criminal Code dealing with child pornography. These amendments now specify both transmitting and accessing child pornography as offences. These changes were created to deal with Internet activity. Another amendment to the Criminal Code enacted in 2002 deals with the luring of children “by means of a computer system”.

Criminal Code provisions also allow for the issuance of search warrants in relation to child pornography, hate propaganda, or other evidence with respect to the commission of an offence stored on a computer system.

As society’s reliance on computers and the Internet continues to grow, so does the need to protect it through the making and enforcement of criminal laws in relation to computer and Internet activity. Therefore, it is inevitable that the courts will continue to see a growing number of prosecutions of computer and Internet crimes working their way through the criminal justice system.

Legalities in setting up a Spa

There are state laws that can restrict physician involvement in medical spa ownership and management. The first is the "corporate practice of medicine doctrine." The second set of laws are concerned with and the limitation of physician referrals and "fee-splitting".

Corporate Practice of Medicine Prohibition
A significant number of states prohibit the hiring of physicians by non-physicians and non-physician entities. These restrictions, called "corporate practice of medicine" prohibitions, are designed to prevent conflicts of interest. The laws prevent medical professionals from pursuing financially advantageous relationships over the needs of their patients.

Anti-Referral and Anti-Fee Splitting Laws
Many states have anti-referral laws that prohibit physicians from referring health services to entites with which they have a financial relationship. To minimize risk, physicians should receive a straight salary instead of a percentage of sales or a piece of the overall business. Anti-fee splitting laws are similar to anti-referral laws. Many states prohibit physicians from sharing their fees with people who refer patients to them.

What to do about it
Spa owners wanting to add medical services can get around these laws by obtaining a license as a freestanding clinic by the state's department of health. Under a turn-key administrative services agreement ("TASA"), the spa manages the equipment and employees physician uses the spa as a secondary office and the spa owner leases the physician space in the spa,. The spa schedules clients and provides marketing for a fee.