In Texas, nurses, and even unlicensed persons, may own a med spa, but they must ensure they comply with all applicable laws and regulations governing the operation of med spas as well as those that regulate their profession and the practice of medicine. The Texas Board of Nursing (BON) oversees the practice of nursing in the state, but the regulation of med spas is handled by other state agencies such as the Texas Medical Board (TMB) and the Texas Department of State Health Services.
It should go without saying that nurses who own a med spa must take care that they adhere with all applicable rules regulating the practice of nursing. For example, they must make sure that all nursing tasks are performed by licensed nurses or other qualified personnel and that all medical records and charts are maintained in accordance with state and federal regulations.
Additionally, nurse med spa owners must conform to all applicable regulations controlling the practice of medicine, including the delegation of medical tasks to themselves and any other non-physician, including unlicensed staff. In Texas, nurses may only be delegated tasks that are within the scope of their practice and training and that do not require the exercise of independent medical judgment.
Med spa ownership can be a lucrative endeavor for registered nurses and a unique way to utilize their skills in other than a traditional setting such as a medical office or hospital. But med spa ownership comes with a significant compliance burden that if not taken seriously and properly met could result in a complaint either by the BON or the TMB and therefore a license defense proceeding.