By Alex R. Thiersch, JD, CEO of the American Med Spa Association (AmSpa)

As of Friday, it is technically legal for medical spas in Texas to open; however, there is real risk in doing so at this point in time.

AmSpa has received word from sources that some in the government may not be able to distinguish "spas"—which cannot open—from "medical spas." As such, even though medical spas can open legally, there is risk that someone—either in the media, the government or the public—does not understand the difference and will report them. Several plastic surgeons are taking the stance that they can open their surgery practice, but not their medical spas.

While a medical spa trying to re-open is on solid ground from a legal standpoint, this is not an environment where you want to be investigated or attract public attention for doing something that might appear to be wrong, even though it is not. Perception is reality.

AmSpa's advice is that medical spas in Texas and other states that are beginning to re-open need to consider the potential risk of investigation or negative publicity. The Occupational Safety and Health Administration has already received thousands of complaints. The public is watching closely. Competitors who may not believe they can open are watching. All are potential complainants.

The bottom line is that we are very confident that under the reading of the most recent order, medical spas, which are certainly medical facilities, can open. But, unfortunately, it is not so simple.

Also, it is important to note that laser centers that offer laser hair removal do not qualify as medical facilities and therefore cannot open.

Finally, even though you can open as a medical spa, you cannot offer spa or salon services yet. So, no facials, HydraFacials, chemical peels, etc.—those are forbidden.

Information about these orders is still developing, and AmSpa and ByrdAdatto are covering the situation in as timely a manner as possible. Check out the webinars and podcasts that have been posted regarding this matter, and stay tuned for more as soon as we uncover additional information.