General Med Spa Compliance
What are the main regulatory bodies overseeing med spas in Texas?
The primary regulatory bodies are the Texas Medical Board (TMB), the Texas Board of Nursing (TBN), and the Texas Department of Licensing and Regulation (TDLR). The TMB oversees the practice of medicine, the TBN the practice of nursing, and the TDLR certain aspects of cosmetology services or laser hair removal.
What is the Corporate Practice of Medicine Doctrine in Texas?
This doctrine prohibits corporations and non-physicians from practicing medicine. Only licensed physicians can offer medical services directly. Med spas may be owned by un-licensed individuals provided the proper medical oversight is in place and includes accurate delegation orders.
Ownership and Structure
Can a non-physician own a med spa in Texas?
Non-physicians can own a med spa but cannot be ultimately responsible for the medical aspects of the spa. Although med spa services may be performed by non-physicians, the medical services must be under the supervision of a licensed physician either on premises or via a specific and properly drafted delegation agreement.
What responsibilities does a medical director have in a med spa?
The medical director, who must be a licensed physician, is responsible for overseeing all medical procedures, ensuring compliance with medical standards, supervising medical staff, and maintaining patient safety.
Staffing and Supervision
Who can perform medical procedures in a med spa?
Licensed healthcare professionals, such as physicians, nurse practitioners, physician assistants, and registered nurses, can perform medical procedures under proper delegation for a physician. Aestheticians and even unlicensed persons can perform procedures that are considered medical (e.g. Botox injections) provided these services are proper delegated and under the supervision of a medical director.
What level of supervision is required for non-physician staff performing medical procedures?
Non-physician staff must be supervised by a licensed physician. The level of supervision must always meet the standards set by the TMB. The oversight may be direct and on-site or through a mid-level under a physician delegation agreement with specific terms, conditions, and requirements.
Advertising and Marketing
What are the rules for advertising med spa services in Texas?
Advertising must be truthful and not misleading. Claims about the efficacy and safety of treatments must be backed by scientific evidence. Misrepresentation of services, such as claiming non-FDA-approved treatments as FDA-approved, is prohibited and subject to sanctions by the TMB.
Patient Safety and Care
What are the patient consent requirements for med spa treatments?
Patients must provide informed consent for all medical procedures. This includes understanding the risks, benefits, alternatives, and potential outcomes of the treatment. Consent must be documented in the patient's medical records.
What infection control standards must med spas follow?
Med spas must adhere to strict infection control protocols to ensure patient safety. This includes proper sterilization of equipment, use of single-use devices where appropriate, and maintaining a clean and sanitary environment.
Record Keeping and Documentation
What are the requirements for patient records in a med spa?
Patient records must be comprehensive, accurate, and up to date. This includes documenting patient history, consent forms, treatment details, and follow-up care. Records must be kept confidential and comply with HIPAA regulations.
How long must patient records be retained in Texas?
Patient records must be retained for a minimum of seven years from the date of the last treatment. For minors, records must be kept until the patient is 21 years old or for seven years from the date of the last treatment, whichever is longer.
Legal and Ethical Issues
What are the consequences of non-compliance with Texas med spa regulations?
Non-compliance can result in disciplinary actions by the TMB and TBN, including fines, license suspension or revocation, and contested board complaints. It can also lead to civil lawsuits and damage to the med spa's reputation and business operations.
What should a med spa do if a complaint is filed against it?
The med spa should promptly seek legal counsel, internally investigate the complaint, cooperate with regulatory authorities. Implementing corrective actions to address any identified issues is also crucial.
Consulting Legal Experts
When should a med spa consult with a legal expert?
Med spas should consult with legal experts during the setup and structuring of the business, in response to regulatory changes, on an ongoing advice and counsel basis, and if any other legal issues or board complaints arise.
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.
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