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Texas Summary of State Laws & Regulations
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Texas Frequently Asked Questions


Which procedures at medical spas constitute medical treatment?

Who can own a medical spa?

Can a non-physician own all or part of a medical spa?

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?

If I'm not a doctor, can I share in the profits of a medical spa?

If I’m not a doctor or a licensed practitioner, how can I make money from a medical spa?

What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?

I’ve heard that providing gift cards or reward programs in exchange for referrals is a “kickback.” Is this true? What are kickbacks?

a) What are the anti-kickback statutes?

Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?

Can a medical spa pay a person or entity to market the practice’s services?

Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?

Can staff take commissions on non-medical retail products?

Do I need to charge sales tax on procedures like Botox?

Are Botox parties legal?

Who can legally fire a laser under Texas law?

a) What are laser technicians and can they operate lasers under proper supervision?

Who can legally inject Botox under Texas law?

Does a physician need to be on site during laser and intense pulse light (IPL) devices?

What is a medical assistant? What role do they play in a medical spa?

a) What is the legal scope of medical assistants in Texas?

b) Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a nametag?

c) May medical assistants perform any procedure in a medical spa so long as they are properly supervised?

d) Are medical assistants allowed to pierce the skin?

e) Are medical assistants allowed to administer Botox or inject collagen?

f) Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?

What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?

a) Can a registered nurse use a laser or intense pulse light device in a medical spa?

Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?

Does a physician have to examine every new patient before the patient is treated at a med spa?

What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it?

Does a medical spa need to obtain a license to operate?

Can a medical spa advertise its professional services?

a) How should a medical practice advertise its prices?

b) Can a medical spa include testimonials and endorsements by actual patients or models in its advertising?

c) Does a physician have to use his or her name in advertisements?

Can a medical spa offer discounts through Groupon or other similar social networking websites?

What type of records are medical spas required to keep of their patients?

When is a physician-patient relationship needed? How is it established? Is a physician-patient relationship established by a consultation?

What is informed consent?

a) Do all medical procedures require informed consent?

b) What information must a physician disclose to satisfy informed consent?

Can a med spa text or email patients to convey confidential medical information?

If a patient posted a message or a review on a medical spa’s social media page, can and how should the medical spa respond?

What is OSHA and does it apply to medical spas?

What is HIPAA?

Does Texas have its own version of HIPAA? How does it differ?

What is a DEA Registration Number?

What is the FDA and what do they do?

Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia?

Can a chiropractor or dentist serve as a medical director?

Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?

 


Which procedures at medical spas constitute medical treatment?

Medical spas were developed to offer certain ...

Read more>>

Who can own a medical spa?

Generally, because medical spas ...

Read more>>

Can a non-physician own all or part of a medical spa?

Unlicensed persons may ... 

Read more>>

If I’m not a doctor, can I employ a “medical director” to provide medical services for my medical spa?

A business owned by a non-physician that employs a physician to render medical services and ...

Read more>>

If I'm not a doctor, can I share in the profits of a medical spa?

Non-physicians may ...

Read more>>

If I’m not a doctor or a licensed practitioner, how can I make money from a medical spa?

Non-physicians may ...

Read more>>

What are the penalties for improperly owning a medical spa by violating the Corporate Practice of Medicine Doctrine?

An unlicensed person or entity that violates the ban on the corporate practice of medicine is deemed to have ... 

Read more>>

I’ve heard that providing gift cards or reward programs in exchange for referrals is a “kickback.” Is this true? What are kickbacks?

Under Texas law it is considered a “kickback” to offer ...

Read more>>

a) What are the anti-kickback statutes?

There are federal and state anti-kickback statutes. The federal anti-kickback statute prohibits the ... 

Read more>>

Can a nurse, physician assistant or nurse practitioner take a commission for administering laser treatments or injectables like Botox?

Texas law ...

Read more>>

Can a medical spa pay a person or entity to market the practice’s services?

In Texas, a medical spa ...

Read more>>

Do I have to be a doctor to own medical spa equipment, like lasers, or real estate?

An unlicensed person or entity ...

Read more>>

Can staff take commissions on non-medical retail products?

In Texas, ...

Read more>>

Do I need to charge sales tax on procedures like Botox?

Texas does not ...

Read more>>

Are Botox parties legal?

In Texas, Botox parties ...

Read more>>

Who can legally fire a laser under Texas law?

In Texas, ...

Read more>>

a) What are laser technicians and can they operate lasers under proper supervision?

Texas recognizes ...

Read more>>

Who can legally inject Botox under Texas law?

In Texas, a person who performs...

Read more>>

Does a physician need to be on site during laser and intense pulse light (IPL) devices?

Once a physician or a midlevel practitioner ...

Read more>>

What is a medical assistant? What role do they play in a medical spa?

Texas law ...

Read more>>

a) What is the legal scope of medical assistants in Texas?

Because Texas law ...

Read more>>

b) Should a medical assistant disclose, while working, his or her name and the practitioner’s license status on a nametag?

Texas law requires that all ...

Read more>>

c) May medical assistants perform any procedure in a medical spa so long as they are properly supervised?

Because Texas law ...

Read more>>

d) Are medical assistants allowed to pierce the skin?

Because Texas law ...

Read more>>

e) Are medical assistants allowed to administer Botox or inject collagen?

Because Texas law ...

Read more>>

f) Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes?

Because Texas law ...

Read more>>

What kind of physician supervision is needed for a registered nurse (RN) in a medical spa?

The Texas Medical Board has given...

Read more>>

a) Can a registered nurse use a laser or intense pulse light device in a medical spa?

In Texas, ...

Read more>>

Can a med spa hire an aesthetician to perform nonmedical dermabrasion, cosmetic facial and skin treatments?

In Texas, physicians ...

Read more>>

Does a physician have to examine every new patient before the patient is treated at a med spa?

Prior to authorizing a nonsurgical cosmetic procedure ...

Read more>>

What about nurse practitioners and physician assistants? Can they see new patients or must a physician do it?

Both physician assistants and nurse practitioners are permitted to ...

Read more>>

Does a medical spa need to obtain a license to operate?

A medical spa is considered to be a ...

Read more>>

Can a medical spa advertise its professional services?

In Texas, ...

Read more>>

a) How should a medical practice advertise its prices?

Under Texas law, a medical spa advertisement must never ...

Read more>>

b) Can a medical spa include testimonials and endorsements by actual patients or models in its advertising?

Generally, a medical spa ...

Read more>>

c) Does a physician have to use his or her name in advertisements?

Texas law ...

Read more>>

Can a medical spa offer discounts through Groupon or other similar social networking websites?

In Texas, ...

Read more>>

What type of records are medical spas required to keep of their patients?

Medical spas are...

Read more>>

When is a physician-patient relationship needed? How is it established? Is a physician-patient relationship established by a consultation?

The physician-patient relationship is needed ...

Read more>>

What is informed consent?

Informed consent is ...

Read more>>

a) Do all medical procedures require informed consent?

In Texas, physicians ...

Read more>>

b) What information must a physician disclose to satisfy informed consent?

A physician must ...

Read more>>

Can a med spa text or email patients to convey confidential medical information?

HIPAA ...

Read more>>

If a patient posted a message or a review on a medical spa’s social media page, can and how should the medical spa respond?

When communicating on social media, a medical spa should ...

Read more>>

What is OSHA and does it apply to medical spas?

The Occupational Safety and Health Administration, (OSHA), is a federal organization within the Department of Labor that enforces

Read more>>

What is HIPAA?

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is federal law that aims to protect patient

Read more>>

Does Texas have its own version of HIPAA? How does it differ?

The Texas Medical ...

Read more>>

What is a DEA Registration Number?

A DEA registration number is a number assigned to a

Read more>>

What is the FDA and what do they do?

The FDA is a regulatory agency that protects the public health by ensuring, among other things, that

Read more>>

Is it legal to purchase drugs like Botox and fillers from overseas? From Canada, Europe, or Asia? 

While food, drugs, and medical devices are increasingly being imported from around the globe, the FDA ...

Read more>>

Can a chiropractor or dentist serve as a medical director?

The term "medical director" implies ...

Read more>>

Who can legally perform the following treatments: microneedling; lasers/light-emitting devices; dermaplaning; Coolsculpting; permanent makeup?

Microneedling, laser or intense pulse light devices, dermabrasion that penetrates the outer layer of the dermis, and Coolsculpting must be performed by a ...

Read more>>


The information and answers contained in these frequently asked questions provide a general guide to certain laws that apply to "medical spas” in this particular state. The information contained on this site is for general reference only. This information is not intended to provide legal advice, and it should not be relied upon as legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers: You should not act upon this information without seeking knowledgeable legal counsel that takes the laws of your jurisdiction into account. All uses of the content of this site, other than personal uses, are prohibited.

Summary updated January 2017

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