How Med Spas Should Handle a Texas Medical Board Complaint

Operating a med spa in Texas requires careful compliance with the state’s strict medical regulations. Even with the best policies in place, complaints to the Texas Medical Board (TMB) can still arise—whether from patients, staff, or competitors. Knowing how to respond can be the difference between a manageable investigation and serious disciplinary action. Here’s a step-by-step guide for Texas med spas on how to handle a Texas Medical Board complaint professionally and effectively.

1. Take the Complaint Seriously

Whether you believe the complaint has merit or not, treat every TMB communication with urgency. Failing to respond, responding late, or appearing dismissive can damage your credibility and increase the likelihood of sanctions.

2. Notify Legal Counsel Immediately

Contact an experienced healthcare attorney as soon as you receive notice of a complaint. A lawyer familiar with Texas medical board procedures and med spa operations can guide your response strategy and help mitigate legal risk.

3. Do Not Contact the Complainant

Do not attempt to reach out to the patient or party who filed the complaint. Any contact may be perceived as interference, harassment, or retaliation—each of which can escalate the situation.

4. Review Internal Documentation

Work with your legal counsel to gather all relevant medical records, consent forms, photos, treatment logs, and communication history. Ensure that documentation is complete, accurate, and chronologically organized.

If the complaint involves a non-physician provider, such as a nurse or aesthetician, gather any delegation agreements, supervision logs, or protocols that establish compliance with the Texas Medical Practice Act.

5. Craft a Professional Response With Counsel

The TMB often requests a written response from the licensee or supervising physician. This response should:

• be factual and concise,

• address each issue raised in the complaint, and

• demonstrate compliance with Texas law and the appropriate standard of care.

6. Cooperate Fully with the Investigation

If the TMB requests interviews, inspections, or additional documentation, comply fully and promptly. Cooperation is often viewed favorably by the Board and may influence the outcome of the investigation.

7. Avoid Retaliation Against Employees

If the complaint was initiated by a staff member or former employee, resist the temptation to take disciplinary action. Retaliatory behavior can trigger employment law claims and further scrutiny from regulatory agencies.

8. Evaluate Internal Policies and Procedures

Use the complaint as an opportunity to assess and improve internal protocols. Common areas to review include:

• informed consent procedures,

• medical director oversight,

• delegation and supervision of treatments, and

• patient communication and documentation practices

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9. Prepare for Possible Outcomes

The TMB may:

• dismiss the complaint,

• issue a non-disciplinary remedial plan, or

• impose disciplinary actions (such as fines, probation, or license restrictions)

Your attorney can help you prepare a strategy for any of these outcomes, including negotiation of settlements or defense at a formal hearing if necessary.

10. Maintain Confidentiality

Do not discuss the investigation publicly or with staff members who are not directly involved. Loose talk can compromise the defense, violate patient privacy laws, or damage the spa’s reputation.

Conclusion on How Med Spas Should Handle a Texas Medical Board Complaint

No med spa wants to face a TMB complaint, but handling it with professionalism, legal guidance, and transparent processes can help minimize damage and protect your business. Proactive compliance and proper delegation are your first line of defense. But if a complaint arises, swift, strategic action is your best path forward.