Avoiding Legal Pitfalls: A Guide for Texas Med Spas

The booming popularity of med spas in Texas reflects a growing demand for aesthetic treatments that blend medical procedures with the ambiance of a spa. However, med spa owners and operators face a complex web of state regulations that, if misunderstood or ignored, can result in fines, license suspension, or even criminal charges. Here’s a practical guide to avoiding legal pitfalls for med spas in Texas.

Understand the Corporate Practice of Medicine Doctrine

In Texas, the corporate practice of medicine doctrine prohibits physicians and non-physicians from jointly owning or operating entities that practice medicine. This means a med spa offering treatments considered "medical" must be owned either by a physician or a non-physician.

Proper Delegation of Medical Procedures

The delegation of medical tasks must follow strict guidelines.

• Botox, dermal fillers, laser hair removal, and microneedling are considered medical procedures in Texas.

• These procedures must be performed or supervised by a licensed physician, physician assistant (PA), or advanced practice registered nurse (APRN), with appropriate delegation protocols in place.

  
  

Medical Director Requirements

If the med spa is performing medical treatments, a qualified medical director must be in place to oversee operations.

• The medical director must be a Texas-licensed physician actively involved in the practice and responsible for supervising delegated procedures.

• They cannot be a figurehead; documentation of supervision and protocols is critical.

Avoid Fee Splitting and Kickbacks

Texas law prohibits fee-splitting arrangements and referral kickbacks for medical services.

• Illegal: Giving a percentage of the revenue from Botox sales to a referring aesthetician or influencer.

• Legal: Paying a flat marketing fee that is not tied to the volume or value of referrals.

Ensure your compensation structures comply with the Texas Medical Practice Act and federal anti-kickback statutes.

Advertising and Social Media Compliance

Marketing must be truthful, not misleading, and in line with Texas Medical Board (TMB) guidelines.

• You must not use terms like "board certified" unless they meet TMB criteria.

• Testimonials should be carefully vetted and cannot make unsubstantiated claims.

Social media posts, especially those showcasing results or procedures, are considered advertisements under TMB rules.

Maintain Proper Medical Records

Texas law mandates that providers keep comprehensive and confidential medical records for all patients undergoing medical treatments.

• Records should include the initial consultation, consent forms, before-and-after photos, treatment notes, and follow-up communications.

• These records must be retained for at least seven years for adults.

Stay Updated on Regulatory Changes

The legal landscape for med spas is rapidly evolving. It’s vital to:

• Stay current with TMB rules, Texas Department of Licensing and Regulation (TDLR) changes, and relevant federal laws.

• Consider regular legal audits or consulting a healthcare attorney with experience in aesthetic practices.

Final Thoughts on Avoiding Legal Pitfalls: A Guide for Texas Med Spas

The Texas med spa industry offers exciting opportunities, but it is critical to prioritize compliance to protect your business, license, and reputation. By establishing a solid legal foundation and routinely reviewing operations, med spas can thrive without falling into costly legal traps.

Feel free to reach out if you need more specific information or further clarification.

Weitz Morgan is a leading law firm in Texas in providing comprehensive advice and guidance to med spas. With a deep understanding of the unique challenges and complexities faced by this rapidly growing industry, our team of experienced attorneys is dedicated to helping med spas navigate the legal landscape successfully.

We recognize that med spas operate at the intersection of healthcare and beauty, which necessitates a multifaceted approach to representation. Our firm offers a range of services, including a flat-fee med spa formation package and an outside general counsel subscription, tailored to meet the specific needs of med spas, ensuring compliance, mitigating risks, protecting licenses, and fostering a legally sound business environment.