Intravenous (“IV”) therapy has been around in hospitals and medical practices for decades as a means to quickly provide an infusion of fluids and medicines to patients. However, with the growth of aesthetic facilities, like medical spas (“MedSpas”), more business are attempting to offer quick, alternative ways of improving an individual’s health, look and feel (See All in ‘Vein?’…IV Bars Face Controversy). As such, IV Bars are a growing trend, allowing individuals quick access to hangover treatments via IV hydration with an infusion of vitamins and nutrients. Additionally, some of these facilities offer ongoing treatment to promote anti-aging and revitalization. What many owners of these facilities do not realize is that the piercing of skin via the IV is the practice of medicine in many states, including Texas.
While these procedures are commonly referred to as “cosmetic treatments,” under Texas law, all procedures that involve the injection of medication or substances for cosmetic purposes are considered medical procedures. In fact, Texas law designates them “nonsurgical medical cosmetic procedures.” As such, this limits the ownership of an IV Bar to only a select number of licensed medical providers in many states due to the corporate practice of medicine doctrine, and the supervision requirements over those providing medical services.