Navigating HB 3749 & Changes to the Med Spa Landscape in Texas
In recent years, the medical aesthetics industry in Texas has seen significant growth, with more and more entrepreneurs, aesthetic injectors, and med spa owners entering the market. However, as this sector evolves, so does the regulatory landscape. One of the most important pieces of legislation that professionals in this industry need to be aware of is Texas HB 3749. This proposed legislation, which governs various aspects of medical aesthetics, has introduced stricter compliance measures for medical directors and those who work in med spas.
Understanding HB 3749: Key Provisions
Texas HB 3749, is a bill introduced by House Representative Angelia Orr. HB 3749 outlines various regulations that impact med spa owners, medical directors, aesthetic injectors, and entrepreneurs in the field. Its primary focus is on ensuring patient safety, regulating the practice of medical aesthetics, and maintaining high industry standards. Some of the key provisions of Texas HB 3749 include:
Supervision and Delegation of Procedures
a. Physicians would be required to perform the Good Faith Exam (GFE), which establishes the patient relationship. This would mean that Physician Assistants (PAs) or Nurse Practitioners (NPs) would be unable to perform the GFE even though their scope of practice allows this.
b. Physicians would need to be readily available to be onsite. This is a stark change from the current delegation standard.
c. The bill specifically defines cosmetic medicine and the procedures that fall under its scope as well as it being a medical practice setting.
Licensing, Certification, and Advertising
a. A licensed Physician Assistant (PA) or Registered Nurse (RN) are the only two specified persons a Physician may delegate to administer elective intravenous therapy (IV Therapy).
b. The bill mandates that informed consent must be obtained for treatments provided by a nonphysician provider prior to treatment.
c. Additionally, businesses must be transparent about the qualifications of their staff and the types of treatments they offer.
Continuing Education and Training
a. The bill mandates that Physicians receive training and can perform the procedure according to the standard of medical care required. This training requirement cannot be fulfilled through training provided by the pharmaceutical company or manufacturer.
b. Physicians can only delegate to non-physician providers once they have received adequate training. This training requirement cannot be fulfilled through training provided by the pharmaceutical company or manufacturer.
Understanding HB 3749: The “why” behind HB 3749
Texas HB 3749 is not the only bill introduced in this legislative session that would alter the aesthetic landscape. Two additional bills were introduced that are specifically targeting the scope of practice for Nurse Practitioners (NPs) and Physician Assistants (PAs). The proposed bills would significantly alter the current landscape. But, understanding the “why” behind the bills should offer some clarity on legislative targets:
1. Limited Physician Participation when establishing the Patient Relationship
The use of third-party applications, companies, or providers not affiliated with the practice has resulted in limited involvement from medical directors in establishing patient relationships. This raises concerns that patient care may be compromised. The growing number of bills proposing changes to Medical Director involvement appears to be a response to the rise of these third-party applications.
2. Limited or No Physician Oversight
With many Medical Director Service companies available, many of which do not require direct involvement in training, consultation, or oversight, this approach bypasses the responsibilities physicians have toward their patients and their licenses. The proposed changes regarding medical director involvement appear to be a direct response to the current situation by specific oversight and training requirements.
3. Increase in Unlicensed Individuals entering into the Med Spa Industry
In recent years, there has been a rise in management companies offering business opportunities and training to unlicensed individuals. Along with training, these companies provide business resources, medical director services, and pharmaceutical discounts. Traditionally, physicians have maintained control over training and delegating tasks to staff under their direct supervision. The growing involvement of unlicensed individuals in the med spa industry may be closely tied to the proposed legislative changes.
How LDG, PLLC can help you prepare
Staying compliant in anticipation of Texas HB 3749 is crucial for the success and longevity of any med spa or aesthetic practice. Non-compliance can lead to costly legal issues, damage to the practice’s reputation, and disruption of business operations. At LDG, PLLC, we help entrepreneurs, injectors, and med spa owners stay proactive and fully compliant by providing the following services:
1. Comprehensive Compliance Audits
We conduct thorough compliance audits to ensure that your med spa is operating within the bounds of the law and your scope of practice. This includes reviewing your licensing and certification status, employee qualifications, advertising practices, and patient consent processes. By identifying any areas of concern early, we can help you avoid potential legal issues down the road and prepare for Texas HB 3749.
2. Licensing and Certification Guidance
We assist business owners and practitioners in navigating the complex licensing and certification requirements. This may involve helping you understand the specific qualifications needed for aesthetic injectors, ensuring your staff is properly licensed, and providing guidance on the process for renewing licenses and preparing for legislative changes.
3. Developing Policies and Procedures for Supervision & Delegation
We help med spa owners and aesthetic injectors establish clear policies and procedures for supervision and delegation of medical aesthetic procedures. This ensures that all treatments are performed under the appropriate supervision of a licensed physician and that your business complies with the law's delegation requirements. We can help you implement and refine your consent forms, educate your staff on best practices for documentation, and establish a secure system for storing medical records to ensure you are ready for Texas HB 3749.
Be Proactive and Protect Your Business
As the medical aesthetics industry continues to expand, so does the need to stay compliant with laws and regulatory changes, such as Texas HB 3749. It’s important to note that this bill has not yet become law. The proposed legislative changes are a response to a patient’s death after receiving a treatment by an unlicensed individual, with the primary aim of enhancing patient safety.
At LDG, PLLC, we are committed to helping entrepreneurs, aesthetic injectors, and med spa owners navigate the complexities of compliance, ensuring that your practice stays on the right side of the law while you focus on delivering exceptional care to your clients. By being proactive and taking the necessary steps to understand and follow these regulations, you can protect your business from potential legal issues and enhance your reputation in the industry.