A complex landscape of regulations governs med spas. The combination of federal directives such as FDA guidelines and state-specific standards call for rigorous compliance measures to avoid legal problems. Accordingly, med spas should have a clear understanding of the rules that control their formation and operation. Because a comprehensive review of the law is too broad in scope, this article will explore the limited context of operating a med spa specifically in Texas, providing a general overview of that state’s various regulatory requirements.
Ownership:
A med spa is not required to be owned by a physician. Med spas may be owned by nurses, aestheticians, and unlicensed individuals. However, a non-physician and a physician cannot jointly own a med spa.
MSO:
MSOs are used to ensure that doctors and un-licensed individuals are not co-owners. But, this creates a scenario where the unlicensed party would not be the owner, but instead a type of top-level manager. In non-physician owned settings, MSOs are not necessary. A medical director can be secured through an independent contractor agreement giving them complete control over the administration of medicine.
Medical Director Requirement:
In Texas, a medical spa must have a licensed physician serving as a medical director. This physician is responsible for overseeing the medical aspects of the spa's operations.
Scope of Practice:
Non-physician practitioners, such as nurses, LVN’s, nurse practitioners or physician assistants, may perform certain medical procedures within their scope of practice. However, they must do so under the supervision of the medical director.
Licensing and Permits:
Depending on the non-medical services offered, the med spa may need to obtain specific licenses or permits. For example, if the spa offers laser hair removal treatments, they will need a license from the Texas Department of State Health Services (DSHS).
Regulation of Medical Procedures:
Non-surgical medical procedures, such as laser treatments, injections (e.g., Botox, dermal fillers), and chemical peels, are subject to regulations or oversight by the Texas Medical Board or other regulatory bodies.
Compliance with Health and Safety Standards:
Med spas must comply with health and safety standards to ensure the well-being of their clients. This includes maintaining a clean and sanitary environment, proper sterilization of equipment, and adherence to infection control protocols.
HIPAA Compliance:
If the med spa collects and maintains patient health information, it must comply with the Health Insurance Portability and Accountability Act (HIPAA) regulations regarding patient privacy and security.
Training and Certification:
Practitioners performing medical procedures must have the appropriate training and certification. This may include training specific to the procedures they perform, as well as any required certifications or licenses.
Record Keeping:
Med spas must maintain accurate records of client treatments, including consent forms, treatment plans, and any adverse events or complications.
Complaint Handling:
The med spa should have procedures in place for handling client complaints and concerns, including processes for addressing adverse events or complications.
Given the extent of regulation, it is essential for med spa owners and operators to familiarize themselves with relevant laws and regulatory bodies in Texas to ensure ongoing compliance and to protect the safety of their clients. The consequences for not doing so range from board complaints and civil liability to possible criminal charges. Med spas must make compliance an imperative component of operations, beginning with an accurate entity set up followed by compliance checks and protocols that are in place and followed and ongoing education and conferencing with legal counsel experienced in the industry. With compliance a priority, med spa owners can trust that their endeavor is legally sound and on its best footing to confront any problems that may arise.
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, tailored to meet the specific needs of med spas, ensuring compliance, mitigating risks, protecting licenses, and fostering a legally sound business environment.