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How to Start a Medical Spa in Texas

Posted by Doris Dike | Mar 10, 2022 | 0 Comments

Medical Spa

Medical spas, sometimes known as medi-spas or medspas, aim to mix medical procedures typically conducted in a doctor's office with a day spa experience.

Anti-aging therapies are given special attention. Medical spas may now provide non-surgical anti-aging treatments that were previously only available in a doctor's office. However, medical hotels must be owned and administered by a trained physician in some countries.

Detox, metabolic optimization (improving the body's fat-burning, energy-producing mechanism), medical weight loss, and post-cancer recovery are some of the services offered by destination spas.

Starting a Medical Spa in Texas

Physicians, non-physician doctors, and non-licensed providers are all interested in delivering medical spa services now more than ever (medical spa or medspa). According to a recent report, the worldwide medical spa market is predicted to increase at a compound annual growth rate of 13.8 percent to USD 33.9 billion by 2026. This rapid expansion can be attributed to an increase in the number of cosmetic treatments available and the number of professionals joining the market.

However, as the medical spa sector expands, so do many federal healthcare authorities and state attorneys investigating it. In recent years, cosmetologists and estheticians have been studied for practicing medicine without a license, and licensed providers have been investigated for violating state scope of practice rules. Specific financial arrangements, such as incorrectly constructed space leasing agreements, consultancy, or medical director relationships, have also piqued the government's interest as possible criminal inducements for referrals.

While medical spa services may seem like a fun and lucrative way to increase your service offerings, you should proceed with care. While many aesthetic and cosmetic treatments are presented as pleasure and self-care, it's crucial to remember that many are considered medical practices and are therefore heavily regulated. What services can be given, and who do state-specific regulations govern them? 

Medical Spa and Cosmetic Legal Services

Whether you're thinking about expanding your current medical practice to include aesthetic or cosmetic treatments, creating your medical spa, or purchasing an existing medical spa, there are several legal and regulatory problems to consider.

The following are some of the typical difficulties and legal considerations that our medical clients must consider:

  • State-by-state scope of practice laws and regulations (for Physician Assistants, Nurse Practitioners, Registered Nurses, and Estheticians)

  • State-specific supervision and delegation requirements

  • State Laws and Regulations on Laser, Broadband Light (BBL), Intense Pulsed Light (IPL), and Other Photogenic Rejuvenation and Skin Resurfacing

  • Medical Pedicures and Customized Foot Treatment for Athlete's Foot, Corns, and Other Conditions State-level regulations

  • State-by-state injection laws and regulations (BOTOX, dermal fillers as Juvederm, Restylane, and others).

  • Platelet Rich Plasma Treatments/Facials employ a patient's blood product.

  • Laser Hair Removal and Permanent Makeup (through traditional tattooing, Micoblading, Microshading, and other methods), as well as Laser Tattoo Removal Laws and Regulations, vary by state.

  • A Medical Spa/Cosmetic Medical Practice Purchase or Sale

  • Preparation of Corporate Documents for Medical Spas

  • Arrangements for a Cosmetic Medical Director

  • Obtaining Informed Consent, Making Disclosures, and Maintaining Accurate Records

  • Fee-Splitting and Federal and State Self-Referral and Anti-Kickback Laws (Stark Law, Federal Anti-Kickback Laws, State "mini-Stark" Laws, etc.) Impact on a Cosmetic Medical Practice's Operations and Financial Arrangements

  • Cosmetologists/Estheticians Practicing Medicine Without a License

  • Medical Spas and HIPAA Compliance

  • State-specific cleanliness and disposal laws for human tissues, sharps, and other items are in place.

  • Other concerns about medical spa ownership, administration, and legality

  • Medical Spa Advertising and Marketing Regulations

  • Prescription of Controlled Substances Laws

  • Clinical Guidelines, Joint Protocols, and Physician Collaboration Agreements

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