Common Legal Issues for Med Spas in Texas

Med spas in Texas, like any medical or aesthetic facility, can face various legal issues that need careful attention to ensure compliance and minimize potential risks. Below we’ve outlined some common legal issues that med spas in Texas might encounter.

Medical Supervision and Scope of Practice:

Med spas must operate under the supervision of a licensed physician. Performing medical procedures without proper supervision can lead to legal liabilities and regulatory actions.

Advertising and Marketing Compliance:

Med spas must ensure that their advertising and marketing materials are accurate, truthful, and not misleading, especially advertisements where the spa, owner, or employee appear to be holding themselves out to be a medical professional and they are not. Operationally, med spas should avoid making unsupported claims about the effectiveness of treatments or using before-and-after photos without appropriate disclaimers.

Regulation of Medical Devices and Treatments:

The use of medical devices, lasers, injectables, and other equipment in med spas is subject to strict regulations from both federal and state authorities. Med spas will want to confirm that all regulations are known and followed to avoid legal issues, like ensuring that all devices are properly registered, approved, and operated by trained personnel.

Informed Consent and Documentation:

Obtaining informed consent from clients before performing any procedure is essential. Clients must be informed about potential risks, benefits, and expected outcomes. Spas should maintain thorough and accurate records of consultations, consents, and treatments performed.

Privacy and Patient Confidentiality:

Protecting patient privacy and adhering to HIPAA regulations is crucial. Compliance includes maintaining the confidentiality of patient records and information. Med spas will want to implement appropriate security measures for electronic health records (EHR) and physical documents.

Ownership and Control:

The ownership and control of a med spa, especially when involving medical professionals, needs to be structured in accordance with Texas Medical Board rules and state regulations and set up in a way that does not violate laws regarding the corporate practice of medicine.

Unlicensed Practice and Fraud:

Using non-physicians to perform medical procedures can lead to allegations of unlicensed practice, if proper protocols and delegations are not in place. Additionally, billing practices must be accurate and transparent to avoid allegations of financial fraud.

Patient Dissatisfaction and Lawsuits:

Clients might not always achieve the desired results from treatments, leading to potential claims. Med Spas should implement a clear dispute resolution process and maintain excellent communication with clients to address any concerns that may arise.

Employee Relations and Compliance:

Med spas must follow employment laws, including wage and hour regulations, workplace safety, and anti-discrimination laws. Med spas will also want to assure that staff members are properly trained and certified for their respective roles.

Changing Regulations:

Regulations in the medical and aesthetic industry can evolve, and staying compliant is crucial. Through research and advice and counsel from a trusted attorney, med spas should regularly monitor changes in regulations at both the state and federal levels and adjust practices accordingly.

Conclusion on Common Legal Issues for Med Spas in Texas

For effective handling of these issues, it is advisable to seek advice from experts who have expertise in healthcare and medical spa regulations. Establishing a solid legal framework and compliance strategy, along with implementing comprehensive operational and compliance protocols, is crucial for the prosperity and sustainability of a medical spa business, as well as for reducing the risk of board complaints and lawsuits.

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.