New Bill Would Limit Who Can Inject in Medical Spas in Texas

Posted By American Med Spa Association, Monday, March 11, 2019

A new bill introduced in Texas would greatly limit who may perform procedures in medical spas. The bill is sponsored by Senator Bryan Hughes and is known as Senate Bill 2366 (SB 2366). You can review the text of SB 2366 in full here, it has been introduced and is awaiting further consideration. 
Currently physicians may delegate nonsurgical cosmetic procedures to properly trained persons under appropriate supervision. We’ve previously discussed this rule §193.17 here. HB 2366 would require that these procedures now be performed only by a physician or by either an advanced practice registered nurse (APRN) or physician assistant (PA) under physician supervision. A medical spa, as defined by SB 2366, includes any place that performs nonsurgical medical cosmetic procedures, including injections and the use of prescription devices for cosmetic purposes. SB 2366 would make it a false, misleading, or deceptive act to delegate these procedures to anyone other than a PA or APRN. Additionally medical spas will have to post a conspicuous notice in their lobbies. This notice will be determined by the Attorney General but must inform patients about the restrictions in performing nonsurgical medical cosmetic procedures and provide contact information for the consumer protection division of the AG’s office. The Texas Medical Board must forward any complaints from these procedures to the consumer protection division. If the Consumer protection division brings a suit under this bill they may request the recovery of attorney’s fees and court costs and expenses incurred by the division. 
This is a shocking bill to read, the national trend has been to provide guidance under which physician may appropriately delegate the type of procedures found in medical spas to trained and qualified persons.  However SB 2366 would go strongly against this trend and limit these noninvasive and relatively common procedures only to physicians or highly trained PAs or NPs.  We will be monitoring SB 2366 as it works its way through Texas’s legislative process this year.  If you would like to contact SB 2366’s sponsor he may be reached via the Senate website.