New Texas Laws Could Reshape How Medical Spas Operate Statewide

?In recent months, Texas has introduced significant legislative changes that stand to reshape the operations of medical spas across the state. These developments aim to enhance patient safety and ensure that medical aesthetic procedures are performed under stringent professional standards.?

Enhanced Transparency and Supervision Requirements

As of January 9, 2025, the Texas Medical Board (TMB) implemented new rules targeting medical spas and IV hydration clinics. These regulations mandate that such facilities must:?

Display Supervising Physician Information: The name and Texas medical license number of the delegating physician must be prominently posted in all public areas and treatment rooms.?

Staff Identification: All personnel are required to wear identification badges that clearly display their name and credentials.?

Advertising Transparency: Any advertising materials must include the supervising physician's name, except when referring to the physician's primary practice

Additionally, the TMB has consolidated delegation-related rules under Chapter 169 of the Texas Administrative Code. This consolidation clarifies that all delegated medical acts must be documented through written orders or protocols, signed by the delegating physician. Importantly, physicians are now explicitly required to be trained in or familiar with any medical acts they delegate, ensuring they can perform these procedures in accordance with the standard of care. 

Proposed Legislative Changes Impacting Practice Scope

Beyond the TMB's rule changes, the Texas Legislature is considering bills that could further impact medical spa operations:?

House Bill 3749 ("Jenifer's Law"): Introduced in response to a tragic incident in 2023, this bill proposes that only physicians can conduct initial patient assessments, diagnose patients, and create treatment plans for cosmetic medical procedures. This would significantly limit the roles of physician assistants (PAs) and nurse practitioners (NPs) in medical spas, as they currently perform these duties. The bill also requires supervising physicians to be on-site or immediately available during procedures. ?

House Bill 3889: This bill seeks to restrict PAs and NPs from diagnosing new patients or creating treatment plans unless a supervising physician has an established relationship with the patient. Such a change could reduce access to medical aesthetic treatments by necessitating a physician's involvement before any procedures in a med spa setting. ?

House Bill 3890: Aimed at physicians supervising PAs and NPs outside their primary area of practice, this bill would restrict physicians without a background in dermatology or plastic surgery from overseeing PAs and NPs in medical aesthetic practices. This could reduce the number of available supervising physicians, making it more challenging for med spa providers to operate. ?

Implications for Medical Spa Operations

These regulatory updates and proposed legislative changes underscore a shift toward more stringent oversight in the medical spa industry. Medical spa owners and practitioners in Texas should:?

Review and Update Compliance Protocols: Ensure all operational policies align with the new TMB rules and prepare for potential legislative changes.?

Assess Staffing and Training: Evaluate the roles of PAs and NPs within the practice, considering possible restrictions, and ensure all staff receive appropriate training.?

Enhance Transparency Measures: Implement the required signage and identification protocols to keep patients informed about the credentials of their care providers.?

Staying informed and proactive is crucial as the regulatory landscape evolves. By adapting to these changes, medical spas can continue to provide safe, compliant, and high-quality care to their clients.