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Texas Medical Spa Attorney: Making Sure Your Med Spa Complies With The Law

Last updated on August 14, 2024

The booming demand for medical spas makes them an appealing option for entrepreneurs and investors. However, Texas has strict laws regulating med spas. Failure to comply can result in fines, disciplinary action from state and federal regulatory bodies, and even criminal prosecution.

It is crucial to have a health care law attorney who can ensure your legal compliance in this specific and niche field. You will find this guidance at The Law Offices of Alejandro Mora, PLLC. I am a med spa lawyer who can make sure that your business complies with all necessary regulations. With more than a decade of experience practicing health care law, I have facilitated the success of several med spas throughout Texas.

Making Sure Your Med Spa’s Services Are In Compliance

As your med spa attorney, I ensure that the medical and nonmedical services your medical spa offers do not violate any health care laws. Some of the services that med spas provide are considered the practice of medicine or are otherwise regulated by the state. As such, they have certain requirements that must be adhered to prior to providing the service.These include:

  • Botox
  • Other cosmetic injections
  • Dermaplaning
  • Microdermabrasion
  • Microneedling
  • Microblading
  • Hormone replacement therapy
  • Laser hair removal
  • Photofacials

I work closely with you to structure your med spa in accordance with health care laws and to facilitate profitability. I also help you foster relationships with doctors, nurses and other health care providers who can write prescriptions and supervise your staff.

Licensing for these facilities is also very complex. Various services and the providers who perform them will require licensing from different boards. I help you secure licensing and check that existing licensing is compliant with boards such as the Texas Medical Board, the Texas Department of State Health Services, the Texas Board of Nursing and more.

How An MSO Helps Physicians And Entrepreneurs Establish Med Spas

One of the hurdles for medical spa entrepreneurs is that nonphysicians cannot employ physicians or own a medical practice. At least one physician must own a majority share. To get around this, you and a physician may form a management services organization (MSO). An MSO is a business entity that handles the administrative and business aspects of med spas and other health care facilities. This grants entrepreneurs a workaround to operate the business.

However, MSOs must operate within strict laws. The management services agreement must clearly delineate the medical aspects of the spa which the MSO does not manage. Further, the MSO cannot exert undue influence over a physician’s professional opinion. Failure to comply could result in civil and criminal penalties. Having helped many clients form successful MSOs as a med spa lawyer, I make sure that your organization meets the elements required by both state and federal law.

You Focus On Business, I’ll Focus On The Law

Creating a business and setting it up for long-term success is already complex enough. The convoluted and ever-changing laws surrounding health care make the environment even more difficult for entrepreneurs. At my practice, I allow you to focus on your role as an entrepreneur by handling the details of health care legal compliance for you. I have an in-depth understanding of the laws governing your medical spa, including:

  • The False Claims Act (FCA)
  • The Corporate Practice of Medicine Doctrine (CPOM)
  • The Stark Law
  • The Anti-Kickback Statute
  • The Texas Patient Solicitation Act

Because I focus exclusively on health care law, you receive an unparalleled depth of knowledge and experience when you work with me. In my career as a med spa attorney, I have seen the devastating effects on individuals who did not comply with the law or did not bother hiring counsel. That is why I am committed to the success of you and your business.

Operating A Medical Spa: Frequently Asked Questions

If you are considering opening a med spa in Texas, the answers to common questions can offer guidance.

What is a medical spa?

You probably know what a traditional spa is – it provides many beneficial body and other skin treatments. Someone may get a full-body massage to deal with musculoskeletal issues, for instance.

A medical spa is a hybrid between a medical facility and a traditional spa. It is not a doctor’s office and patients cannot get many traditional services – invasive procedures, surgical procedures, etc. – but they can get cosmetic medical treatments that go far beyond a day spa.

A plastic surgeon is usually the main supervisor or overseer at a medical spa, but the staff will also include aesthetic nurse practitioners, who carry out many of the treatments. These could range from Botox injections to body scrubs to microneedling and CoolSculpting.

Who can own and operate a medical spa in Texas?

Though there are exceptions, typically only licensed physicians may own and operate medical spas under the current laws. They will often create a professional association (PA) or a limited liability company (LLC) to establish ownership, but they are still licensed physicians.

One of the exceptions to this rule is when a physician and a layperson work together. For instance, they set up an LLC together where the physician handles medical services and their business partner addresses nonmedical issues – securing financing, buying a physical location, hiring staff and running the day-to-day operations.

There are also some exceptions for those who may not be physicians but who work in a related field. For example, some physician assistants may be able to open medical spas, as can some optometrists, chiropractors and podiatrists.

Are there annual fees or regulations for owning a medical spa in Texas?

Yes, medical spa owners in Texas must pay fees and follow strict regulations. The annual fee is typically between $8,000 and $9,000. Regulations include compliance with the Texas Medical Board’s rules, which mandate proper supervision by licensed physicians for nonsurgical cosmetic procedures.

Some services, such as tanning and permanent makeup, are governed by the Texas Department of State Health Services’ regulations. Adherence to all regulations is crucial to the lawful operation of a medical spa.

Protect Your Medical Spa Business With An Experienced Lawyer Today

Are you eager to establish a thriving medical spa facility in Texas? You can turn to me at The Law Offices of Alejandro Mora, PLLC for counsel from a reputable medical spa attorney. I am prepared to ensure you are in compliance with the details of Texas and federal law. Get started by reaching out to me today. Please contact my law office to schedule your initial consultation regarding med spa legal counsel. To begin, call me at 512-937-1128 or send me an email. I have two convenient locations in Austin and San Antonio.