Texas Medical Spa Lawyer

Texas Med Spa Legal Compliance

Texas laws regulate how medical spas operate, who can own them, and how services must be delivered. Unlike day spas, med spas provide treatments such as Botox, fillers, microneedling, laser procedures, and hormone therapies. Many of these services are considered the practice of medicine under Texas law. That means physicians must oversee these treatments, and the business must be structured to meet the state’s corporate practice of medicine rules.

We guide clients through setting up their business the right way, including:

• Forming a professional entity such as a PLLC, PA, or LLC
• Drafting management services organization (MSO) agreements
• Making sure services are supervised by properly licensed providers
• Reviewing state licensing requirements for physicians, nurses, and aestheticians
• Structuring ownership interests to comply with Texas law

Our goal is to help you avoid penalties, fines, or disciplinary action by addressing compliance issues before they become problems.

Med Spa Services That Require Oversight

Not every service offered at a med spa is medical in nature, but many popular treatments fall under state regulation. We provide legal guidance to ensure each service you offer is handled lawfully. Some of the most common regulated services include:

• Botox and other cosmetic injections
• Dermaplaning and microdermabrasion
• Microneedling and microblading
• Hormone replacement therapy
• Laser hair removal
• Photofacials
• IV hydration therapy

By reviewing your planned services and providers, we help confirm that your staff and business model are compliant. We also work with you to develop contracts, employment agreements, and policies that match your long-term goals.

Setting Up a Management Services Organization (MSO)

Non-physicians cannot directly own or operate a medical practice in Texas. This often creates challenges for entrepreneurs who want to open a med spa but do not hold a medical license. One common solution is to set up an MSO.

An MSO allows a physician to own the clinical side of the practice while the non-physician handles the administrative and business side. However, the agreement must be drafted carefully to avoid legal problems. An MSO cannot influence medical decision-making, and contracts must separate clinical responsibilities from business operations.

We have experience drafting MSO agreements that meet Texas law and provide clear boundaries between medical and business functions. This structure gives both physicians and entrepreneurs a safe way to partner in building a med spa.

Licensing for Med Spas and IV Hydration Clinics

Licensing is another major area of concern for medical spas. Different services may require approvals from different boards. For example:

• The Texas Medical Board regulates physician supervision and delegation
• The Texas Board of Nursing oversees nurses and nurse practitioners
• The Texas Department of State Health Services regulates certain cosmetic services
• Other professional boards may regulate optometrists, chiropractors, and podiatrists involved in med spas

We help you determine which licenses apply to your business and make sure all applications and renewals are handled correctly. Our team also reviews ongoing compliance to ensure your licensing stays up to date as your business grows.

Liability Protection and Risk Management

Legal compliance is only one part of running a successful medical spa. Liability is another concern. Med spas face unique risks due to the medical nature of many services. Without proper contracts and protections, owners and providers may be exposed to lawsuits, board complaints, or insurance issues.

We help minimize risk by:

• Drafting operating agreements and bylaws
• Preparing strong employment agreements and non-compete clauses
• Creating contracts with medical directors and supervising physicians
• Reviewing commercial leases and vendor agreements
• Advising on billing practices and payment structures
• Ensuring accurate credentialing for all providers

With the right agreements in place, your business can operate smoothly while protecting the interests of owners, providers, and patients.

Understanding the Laws That Apply to Med Spas

Several state and federal laws affect how medical spas operate. These include:

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

These laws regulate ownership structures, physician relationships, referrals, and billing practices. Violations can result in civil penalties, criminal charges, or loss of licenses. We review how each law applies to your business model and make sure your contracts and agreements are compliant.

Ownership Rules for Med Spas in Texas

Texas limits who can own a medical spa. In most cases, only licensed physicians can directly own one. Some exceptions allow physician assistants, optometrists, podiatrists, or chiropractors to have ownership roles in certain situations. Non-physicians may still participate by forming an MSO with a physician partner.

We help you explore the right ownership structure for your situation, whether you are a physician looking to expand services or an entrepreneur partnering with a provider.

Costs and Ongoing Obligations

Operating a medical spa also comes with ongoing costs and obligations. In Texas, annual fees for ownership are usually between $8,000 and $9,000. Owners must also follow regulations from the Texas Medical Board and other state agencies. Failure to meet these requirements can put your business at risk.

Our legal team helps you understand and prepare for these costs. We also provide ongoing support so your compliance does not end once your business opens its doors.

Why Work With Us

Starting a med spa or IV hydration clinic is not just about opening a business. It is about building something that lasts. At Dike Law Group, we combine our experience in health care law and business law to provide the support you need at every stage. From choosing the right entity and drafting contracts to handling investigations or disputes, we focus on protecting your investment and giving your practice the tools to grow.

If you are planning to open or expand a med spa in Texas, call us today at (972) 290-1031 to schedule a consultation.