Expert lawyer in aesthetic medicine law

Is your aesthetic care clinic the subject of a complaint before the Order of your liberal profession? Have you been temporarily suspended by a disciplinary court? Do you wish to be assisted by a lawyer serving aesthetic doctors to advise you in the event of legal proceedings or the opening of your private clinic? You would be well advised to seek the services of our law firm to defend your interests effectively.

At Macfarlanes LLP, our professional teams put their sharp and varied expertise at your disposal to address all legal concerns of healthcare professionals. Whether you need advice on health law, assistance with creating a legal structure for your clinic, or a solid defense in case of a trial, we are by your side.

Specialist lawyer for aesthetic doctors for legal support in health law

Health law is an essential specialty for any medical or paramedical practice, particularly in the field of aesthetics, where legal requirements are reinforced. Our team of lawyers dedicated to aesthetic doctors supports you in identifying the specific obligations of your activity, such as:

• the use of certified medical devices;
• management of administrative authorizations necessary for the practice;
• compliance with hygiene and safety standards.

We intervene in particular to ensure the compliance of your activities with the Public Security Code and the Social Security Code. Our team also assists you in drafting your professional contracts (care service contracts, collaboration agreements, etc.). We also offer regular legal audits to ensure the sustainability of your activities in the face of legal and regulatory changes.

Lawyer serving aesthetic doctors for the creation and management of legal structures

When it comes to managing or creating a clinic or a care practice, our lawyers for aesthetic doctors support you at every step. The choice of legal structure is essential to optimize your activity while preventing financial and legal risks. It impacts not only your taxation and social obligations, but also your protection against potential disputes.

Our services include:

• the choice and formation of your legal structure (SCP, SELARL, etc.);
• drafting of association statutes and contracts;
• compliance with tax and social obligations.

Unlike legal forms (SASU or EURL), the SCP and SELARL are specifically designed for liberal professions. These legal forms allow several liberal health professionals to join forces to pool their resources and thus achieve economies of scale. Their main objective is to reduce activity-related costs by sharing common expenses among the partners.

The SELARL must necessarily be mono-professional, i.e., composed of liberal health professionals practicing the same activity. Upon its formation, it is possible to defer the taxation of contribution capital gains. However, the Société d’exercice libéral à responsabilité limitée (SELARL) generates costs, particularly regarding charges related to the transfer of shares.

For a single-member SELARL, taxation automatically applies under the controlled declaration regime (BNC, income tax). No minimum share capital is required for its creation. The Société civile professionnelle (SCP), on the other hand, must meet specific criteria for its creation. By default, all partners are managers and benefit from the status of non-salaried worker. The profits generated are taxed directly in the name of the partners.

At , our team of experts in corporate law analyzes your situation to guide you toward the best legal structure for your aesthetic care clinic. We draft clear documents, compliant with legislation and adapted to your projects, to anticipate and prevent any future conflicts. Once the structure is in place, we support you in managing annual declarations and maintaining social registers.

Lawyer dedicated to aesthetic doctors to defend you in case of disciplinary proceedings

As an aesthetic doctor, you may be accused of fraud, illegal practices, or misuse of corporate assets. Our lawyers serving aesthetic doctors do everything possible to defend your integrity and your activity. Our services include: assessment of legal risks related to your practice, defense in case of prosecution and management of relations with administrative authorities.

What are the causes of disciplinary sanctions for an aesthetic doctor?

Aesthetic doctors may be subject to disciplinary proceedings, often initiated following complaints filed by patients or colleagues.

The most frequent reasons include in particular:

• breach of the duty to inform the patient;
• insufficient quality of care or hygiene, causing complications;
• medical error or accident related to a procedure;
• poaching of a colleague's clients;
• excessive claim or irregularity in fee collection;

Behaviors or practices contrary to medical ethics and deontology can also lead to disciplinary sanctions.

What are the steps of a disciplinary procedure initiated by the Order of Aesthetic Physicians?

The disciplinary procedure begins when a complaint is filed with the Departmental Council of the Order of your liberal profession. You are then summoned to a conciliation meeting. This step aims to find an amicable agreement between the parties involved (the complainant, the healthcare professional, the Order of Physicians). If a compromise is reached, the case is closed. If it fails, the complaint is forwarded to the First Instance Disciplinary Chamber.

This court has six months to rule on the admissibility of the complaint, in accordance with Article L.4124-1 of the Public Health Code. If a fault is recognized, it may impose sanctions provided for by the CSP. If you wish to contest the first instance decision, you may appeal to the National Disciplinary Chamber (CDN).
Transmitted to the registry of the CDN, this appeal has a suspensive effect, except as provided for in Article L.4113-14 of the CSP. It must be filed within 30 days of notification of the decision. As a last resort, you may appeal to the Council of State within two months. However, this appeal does not have a suspensive effect, unless expressly provided otherwise.

What sanctions can be imposed on an aesthetic doctor following disciplinary proceedings?

During the disciplinary procedure, the CDN may impose various sanctions provided for by the CSP:

• warning: a reminder of ethical obligations, with no direct consequence on the practice of aesthetic medicine, but which may tarnish its reputation;
• blame: a more severe sanction for reprehensible negligence, with a warning against any recurrence;
• temporary suspension: with or without probation, this sanction results in the immediate cessation of the aesthetic doctor's activities, for a maximum duration of three years;
• striking off from the Order: the most severe sanction, definitively ending the career of the aesthetic doctor.

These measures aim to penalize serious breaches of professional rules.

Why use our lawyers for aesthetic medicine doctors?

In the event of disciplinary proceedings, it is essential to be supported by our firm of lawyers dedicated to aesthetic doctors. Thanks to our mastery of the specificities of disciplinary jurisdictions, we offer tailored advice and ensure the effective defense of your interests in disputes involving patients or colleagues. Our team of experts in criminal law works to preserve your image and rights, through adapted strategies and recognized expertise.

Law firm to assist you when applying for equivalence of your aesthetic medicine diploma obtained outside the EU

The application for equivalence of a medical degree in aesthetic medicine obtained outside the European Union (EU) in France follows a specific process. Before starting the procedures, it is essential to gather all the necessary documents, including:

• a certified copy of your medical degree;
• your transcripts;
• proof of identity;
• any other document required by the competent authorities.

The equivalence request must be sent to the National Management Centre (CNG) via the dedicated online portal. You will need to fill out a precise form and submit all the required documents according to the instructions provided. After receiving your file, the CNG carries out a thorough verification of your foreign diploma to compare its content, duration of training and acquired skills with the standards of the French diploma.

If discrepancies are identified between your study program and the French curriculum, additional training may be required. This aims to fill gaps, whether in specific theoretical areas or practical skills necessary for practicing aesthetic medicine in France. Once all requirements are met, the CNG issues a certificate of equivalence for your aesthetic medicine diploma obtained outside the EU.

This document allows you to request authorization to practice as an aesthetic doctor in France. Our lawyers dedicated to aesthetic doctors help you prepare and submit the required documents for your application for authorization to practice and recognition of your EU-obtained diploma. We guide you throughout the process of your installation as a foreign doctor in France, ensuring your file is complete and compliant.