In a med spa, a physician typically delegates certain non-invasive or minimally invasive procedures and treatments to qualified medical professionals. However, the extent of delegation is defined by Texas law. This article seeks to explain what the medical director of a med spa can delegate and his supervisory role.
Aesthetic Procedures:
Injectables: Treatments like Botox, dermal fillers, and other cosmetic injectables are often administered by trained nurses, physician assistants (PAs), or estheticians under physician supervision via a physician delegation agreement.
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Laser Treatments: Procedures such as laser hair removal, skin resurfacing, or tattoo removal may be delegated to trained aestheticians or technicians.
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Microneedling and PRP (Platelet-Rich Plasma): These treatments can be performed by licensed medical professionals such as nurses or PAs under the supervision or delegation of a physician.
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Consultations:
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Initial Patient Assessments: A medical director may delegate intake, history, diagnosis and formulation of a treatment plan to a PA or nurse practitioner (NP). However, the physician is ultimately responsible for ensuring all these functions are properly performed.
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Supervision of Staff:
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Training & Protocols: The physician must approve or establish written and signed protocols and train staff members to perform specific treatments safely.
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Oversight: Medical directors provide ongoing supervision and must be available for consultation in case of issues, complications, or emergencies.
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Prescribing Medications:
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Only Licensed Individuals: While non-physician staff members can assist with treatments, only a medical director or NP/PA can prescribe medications, including numbing agents or post-treatment care products.
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Conclusion on What The Medical Director of a Med Spa Can Delegate and Supervise
Medical directors play a critical supervisory role in ensuring patient safety, quality of care, and compliance with medical standards in med spas, even if they are not directly administering each treatment themselves. A sound physician delegation agreement will ensure compliance with regulatory standards imposed on medical directors and the med spas with which they contract. Med spas should take care to ensure not only that a delegation agreement is in place, but that it also meets the legal standards established by the Texas Medical Board.
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Feel free to reach out if you need more specific information or further clarification.
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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.
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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.
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