Social Media, Influencers, and Compliance Guide for Texas Med Spas

In today’s digital age, social media has become an essential tool for marketing—especially for med spas. From showcasing before-and-after photos to partnering with influencers, platforms like Instagram and TikTok offer immense potential for visibility and client growth. However, with great exposure comes legal responsibility. Texas med spas must navigate these opportunities carefully to stay compliant with both state laws and regulatory bodies like the Texas Medical Board (TMB) and the Federal Trade Commission (FTC). This article provides a social media, influencers, and compliance guide for med spas.

The Rise of Influencer Marketing in Aesthetic Medicine

Influencer marketing has taken the aesthetics world by storm. Med spas often collaborate with beauty and lifestyle influencers to promote treatments such as Botox, fillers, laser treatments, and body contouring. While this strategy can drive business, it also opens the door to legal pitfalls if not properly managed.

Key Compliance Areas for Texas Med Spas

Truth in Advertising (TMB and FTC Regulations):

Any marketing content, including that created by influencers, must be truthful, not misleading, and backed by evidence. This includes:

• Avoiding exaggerated claims (e.g., “permanent results guaranteed”).

• Using real patient images with appropriate disclosures and consent.

Tip: Review all influencer content before it is posted. If they are discussing medical treatments, ensure that the messaging aligns with how those services are legally provided under your practice model.

Identifying the Medical Provider:

In Texas, med spas must clearly disclose the ownership structure and identify the supervising physician or medical director. Influencer content should not imply that procedures are performed independently by estheticians or nurses without physician oversight.

Example: If an RN is shown injecting Botox, the content must indicate that this is under the delegation of a licensed physician.

Disclosure of Paid Partnerships (FTC Guidelines):

If an influencer receives compensation—whether monetary, free treatments, or discounts—they must clearly disclose this relationship.

Acceptable Disclosures Include: #ad, #sponsored, or “Paid partnership with [med spa name]”

These disclosures should be prominent and easy to understand. Burying them in a sea of hashtags at the end of a caption is not compliant.

Scope of Practice

In Texas, only properly qualified persons with appropriate delegations may perform medical procedures. Ensure that any social media representation aligns with actual roles. For example: only properly delegated persons may administer injectables.

HIPAA and Patient Privacy

Before-and-after photos, testimonials, or treatment videos must have written patient consent—not just verbal approval or a signed intake form. Ensure influencers or staff do not accidentally record patients in the background or disclose identifying information in comments or messages.

Best Practices for Staying Compliant

• Create a Social Media Policy: Set internal guidelines for staff and influencer partners, outlining what can and cannot be shared.

• Vet Influencers Carefully: Choose partners who understand your brand and will take compliance seriously.

• Use Written Agreements: Have influencers sign agreements that specify FTC disclosure requirements, content approval rights, and compliance expectations.

• Educate Your Team: Regularly train staff on what’s legal to post or discuss online.

• Monitor and Archive Content: Keep a record of all published content, especially when it involves medical claims or patient images.

Conclusion on Social Media, Influencers, and Compliance Guide for Texas Med Spas

Social media and influencer marketing can be powerful tools for Texas med spas—but only when used responsibly. By understanding and adhering to TMB and FTC regulations, you not only avoid legal trouble but also build trust with your audience. In the aesthetics industry, compliance is not just about staying out of court; it is part of the professional image you project to every potential client.

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.