In Texas, nurse practitioners, beauticians, and other non-doctors cannot own a medical spa, also known as a medi-spa or medical spa. However, a non-doctor can participate in the day-to-day operations of a medical spa through a Management Services Organization (MSO). Equally important, medical practices can only be owned by physicians, 10 The only exceptions are podiatrists, chiropractors, optometrists and sometimes physician assistants. According to the Occupations Code, Section 1602.251 (c), a cosmetologist is only authorized to perform cosmetology services in a center authorized by TDLR as a cosmetology establishment.
Therefore, if a person performs acts under a beautician license in a place of business, then that company must have a license for a cosmetology salon or specialty salon from TDLR. A person must obtain a cosmetology license before performing a service regulated by the cosmetology statute, including facials, masks, general skin care, etc. See Occupations Code, Section 1602,003 for a specific list of exemptions set out in the cosmetology statute. Not surprisingly, many entrepreneurs and non-medical health professionals see an opportunity on the property of a medical spa, but they are not sure how to proceed.
The fact of the matter is that in most US states. In the US, the services provided by medical spas are considered medical. According to a legal doctrine known as “corporate practice of medicine”, only a doctor or corporation owned by a doctor can own a medical facility. In addition, only physicians or physician-owned corporations may charge patients' fees for the provision of medical services.
If a person with a beautician license works in a doctor's office, the doctor's office must have a beauty salon license. Failure to operate in accordance with the law could result in significant liabilities for all parties involved, including substantial fines, loss of a medical license, and penalties related to practicing medicine without a license. To reap the benefits of these liability protections, it is crucial that the MSO and medical practice are properly trained, and that the MSA be carefully drafted. According to the Occupations Code, Section 1602.003, if a cosmetology service is within the scope of practice of a nursing license, then a nurse is not required to have a cosmetology license.
The bottom line is that in many states a “medical director” must be the owner of the medical spa, not simply an employee or contractor. The sobering reality of the Botox arrest is this: Orange monkeys are not reserved only for MedSpas who do not comply with the rules that mutilate or kill a patient. While that definition is technically accurate, it hides the point that because medical spas offer medical services, they are considered medical practices in Texas and must comply with the rules and regulations that apply to traditional doctor's offices. Recently, AMSpa has received many emails and calls telling us that they have been informed that in Texas, people without a license can own a medical spa and simply hire a medical director.
Management fee cannot be a percentage of medical office bills, and a fixed fee structure is ideal; however, it can be difficult to assess the value of management services when office success is difficult to predict. In addition to providing aesthetic cosmetic treatments common in many spa settings, medical spas provide services that cross the line into the practice of medicine. We also wanted to take this time to review the rules governing the delegation of non-surgical medical cosmetic procedures in Texas. Nurse) you cannot open a medical spa on your own; you must have a doctor associated with the medical spa.
For example, tanning and permanent makeup are regulated services by the Texas Department of State Health Services, and medical laws are regulated by the Texas Medical Board. .
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