Launching a new healthcare practice means building compliance infrastructure from scratch - and doing it before marketing starts rather than retrofitting later. Marketing compliance decisions at launch ripple forward for the life of the practice. This checklist covers the specific compliance setup for a new launch across marketing, HIPAA, state requirements, and ongoing processes.
Pre-launch: 60-90 days before opening
Legal entity and licensure
- Business entity formed in the state of operation.
- Professional entity requirements met (PC, PLLC as state requires).
- State licensure verified (medical, dental, specialty licenses as applicable).
- Multi-state licensure established if serving out-of-state patients.
- DEA registration if prescribing controlled substances.
Insurance
- Professional malpractice insurance.
- General liability.
- Cyber liability (HIPAA-relevant).
- Advertising liability (for marketing).
- Management liability (D&O for corporate entities).
Healthcare regulatory counsel
- Relationship established with healthcare regulatory attorney.
- Specific familiarity with your specialty and state.
- Available for compliance questions as they arise.
Marketing infrastructure
Brand and positioning
- Practice name verification (state business name, trademark considerations).
- Brand positioning matches actual credentialing and scope.
- Specialty-claim language reviewed for accuracy.
Website foundation
- Services pages accurately describe offered services.
- Provider bios accurate to credentialing.
- About page compliant (see About page compliance post).
- Privacy policy and terms of service.
- HIPAA Notice of Privacy Practices available.
- Accessibility (ADA) considerations.
Compliance program
- Written style guide for marketing.
- Pre-publish review process established.
- Compliance software selected and set up.
- Staff trained on compliance basics before publishing content.
- Documentation practices established.
Platform accounts
- Google Business Profile set up with accurate information.
- Google Ads account (with LegitScript certification if required for category).
- Meta Business Manager established.
- Healthcare-appropriate social media accounts created.
- Directory listings (Healthgrades, Yelp, specialty directories) with accurate information.
HIPAA infrastructure
Documentation
- Notice of Privacy Practices.
- Patient intake forms compliant with current framework.
- Marketing authorization forms separate from treatment consent.
- Photo authorization forms if using patient imagery.
- Communication preference forms.
Operational HIPAA
- Business Associate Agreements with all vendors handling PHI.
- Email marketing platform HIPAA-compliant with BAA.
- Text messaging platform HIPAA-compliant if used.
- EHR/practice management HIPAA-compliant with BAA.
- Website forms HIPAA-appropriate for any PHI collected.
- Staff HIPAA training documented.
State-specific requirements
Advertising
- State medical board advertising rules reviewed.
- State-specific disclosures included in marketing.
- Specialty-claim terminology compliant with state rules.
- Telehealth advertising compliant if offering cross-state services.
Scope of practice
- Services offered within authorized scope.
- Supervision arrangements documented where required.
- Non-physician provider scope-of-practice compliant.
Privacy
- State privacy law compliance (California CMIA, New York SHIELD, etc.).
- State-specific breach notification procedures.
Category-specific considerations
Med spa / aesthetic
- Medical director agreement and supervision structure.
- Nurse injector licensing and supervision.
- Device FDA clearance documentation.
- Before/after photography policies.
Telehealth
- Multi-state licensure plan.
- Telehealth platform HIPAA compliance.
- State-specific telehealth rules.
- Controlled substance prescribing considerations.
Regenerative medicine
- HCT/P pathway analysis with counsel.
- Supplier vetting and documentation.
- Marketing language matched to pathway.
Addiction treatment
- LegitScript certification.
- EKRA compliance for compensation structures.
- State patient brokering law compliance.
Ongoing process setup
- Pre-publish review workflow. Every piece of content passes compliance review before publishing.
- Quarterly compliance audit. Review of all live marketing surfaces against current rules.
- Staff training refresh. Annual baseline training, triggered updates for specific changes.
- Regulatory monitoring.Someone tracks FDA/FTC/state enforcement in the practice’s specialty.
- Incident response plan. Clear process if compliance issues emerge or regulatory contact occurs.
30/60/90 day review
Even with a thorough launch setup, the first 90 days typically reveal gaps. Schedule reviews at 30, 60, and 90 days to audit:
- What’s been published since launch.
- Whether the compliance workflow is actually being followed.
- Gaps between planned and actual operations.
- Emerging issues that need attention.
Launching right is dramatically cheaper than retrofitting. Practices that set up compliance infrastructure at launch spend a fraction of what practices that tried to bolt it on later do - and they avoid the compliance issues that typically emerge from retrofitting.