When it comes to medical practices, the law is clear: they can only be owned by physicians. Exceptions are made for podiatrists, chiropractors, optometrists, and sometimes physician assistants. On the other hand, cosmetology services and products are not limited to any particular type of facility. In fact, salons have traditionally offered many services that are not related to cosmetology, such as tanning and body massage.
Nowadays, a growing trend is the “medispa business”, where medical and cosmetology services are offered in the same place. In Texas, nurse practitioners, estheticians, and other non-medical individuals cannot own a medspa. However, they can still participate in the day-to-day operations of a medical spa through a Management Services Organization (MSO). According to the Occupations Code, Section 1602 251 (c), a cosmetologist is only authorized to perform cosmetology services at a TDLR-authorized facility as a cosmetology establishment. Therefore, if a person performs acts under a beautician's license in a place of business, then that company must have a license for a cosmetology salon or a specialized TDLR salon. Recently, news from law enforcement against two medical spas (“MedSpas”) has caused some concern in the medspa community.
This includes the arrest of a popular injecting nurse and the clinic's supervising medical director. This has raised questions about who can own and operate these types of businesses. The answer is simple: only physicians can own medical spas in Texas. However, non-physicians can still be involved in the day-to-day operations of these businesses through an MSO. This allows them to provide their expertise without actually owning the business.
It also ensures that all legal requirements are met and that all services provided are done so safely and professionally. In conclusion, while non-physicians cannot own medical spas in Texas, they can still be involved in their operations through an MSO. This allows them to provide their expertise without actually owning the business while ensuring that all legal requirements are met and that all services provided are done so safely and professionally.
