Texas Med Spas and Good Faith Exams

In Texas, med spas offering non-surgical cosmetic procedures such as Botox and dermal fillers must comply with strict medical regulations, including the requirement for a good faith exam (GFE). These requirements are enforced by the Texas Medical Board (TMB) and apply regardless of whether the med spa is owned by a physician or a non-physician. This article covers the ins and outs of Texas med spas and good faith exams.

What Is a Good Faith Exam?

A good faith exam is a face-to-face evaluation conducted by a qualified medical professional to assess a patient’s medical history, physical condition, and suitability for a proposed treatment. It is legally required before any medical procedure, including nonsurgical cosmetic treatments such as Botox, dermal fillers, and similar injectables.

Who Can Perform the Good Faith Exam?

Under Texas law, a GFE must be performed by a physician, physician assistant (PA), or advanced practice registered nurse (APRN). The person conducting the exam must be authorized to diagnose and prescribe under the supervision or delegation of a licensed Texas physician. Estheticians, medical assistants, or RNs cannot independently perform a GFE, and physician they cannot delegate the responsibility.

Timing Requirements

The GFE must be conducted before the first treatment is administered. While the law does not mandate a new GFE for every appointment, a GFE must be current and relevant to the treatment provided. If a significant time has passed or if a new condition or treatment is proposed, a follow-up GFE is best practice.

In-Person vs. Telemedicine

Texas allows GFEs to be conducted via telemedicine, but strict rules apply:

• the remote exam must meet the standard of care equivalent to an in-person visit,

• the patient’s identity must be verified, and

• the physician or delegate must have access to the patient’s medical records and document the visit thoroughly.

If these requirements can’t be met via telemedicine, an in-person GFE is required.

Documentation and Liability

Proper documentation of the GFE is crucial:

• Include the patient’s history, exam findings, and medical rationale for the treatment.

• Note who performed the exam and when it occurred.

• Keep all documentation in the patient’s medical record.

Failure to perform and document a GFE could result in disciplinary action by the Texas Medical Board, including fines, suspension, or loss of license for the supervising physician. It also exposes the med spa to malpractice liability and other legal risks.

Summary for Compliance

To comply with Texas law before administering Botox or fillers, a med spa must ensure:

·      a good faith exam is performed prior to treatment,

·      the exam is conducted by a licensed physician, PA, or APRN,

·      telemedicine exams meet all TMB requirements,

·      documentation is complete and maintained, and

·      no procedure is performed unless a proper GFE is on file.

Conclusion on Texas Med Spas and Good Faith Exams

In the competitive world of aesthetic medicine, compliance is not just a legal requirement, it is a safeguard for your business, your license, and your patients. A properly conducted good faith exam protects everyone involved and upholds the standard of care that defines ethical medical practice in Texas med spas.