On March 8, 2019, a bill was introduced in the Texas Senate that would significantly change who may perform procedures in medical spas. This bill is known as Senate Bill 2366 (SB 2366); you can review the text of SB 2366 in full here.
What It Does
SB 2366 defines a “medical spa” as an establishment that offers nonsurgical medical cosmetic procedures. These procedures would fall under regulation by the Texas Medical Board, and include:
•Injections of medicines or substances for cosmetic purposes;
•Prescription medical devices for cosmetic purposes.
SB 2366 would prohibit anyone other than a physician assistant (PA) or advanced practice registered nurse (APRN) acting under physician supervision to perform a “nonsurgical medical cosmetic procedure” at a medical spa. This would include procedures and devices such as:
•The injection of toxins and dermal fillers;
•Skin tightening devices;
•Body sculpting devices;
•Laser and intense pulsed light devices;
•Dermal peels; and
•Medical dermabrasion or microdermabrasion.
What It Changes
Under current rules, Texas physicians may delegate nonsurgical cosmetic medical procedures to properly trained persons, provided they follow the delegation and supervision guidelines found in Rule §193.17. The professionals to whom these procedures can be delegated include registered nurses, licensed vocational nurses and unlicensed medical assistants, provided they are appropriately trained and supervised according to the rule.
SB 2366 would make it “false, misleading, or deceptive” under Texas’s Deceptive Trade Practices Act (Act) for anyone other than a PA or APRN to perform the procedures mentioned above. In doing so, SB 2366 would provide for enforcement of these rules by both the Consumer Protection Division of the Texas Attorney General’s Office and private civil suit under the Act. In addition to the normal remedies provided by the Act, the Consumer Protection Division also may seek the recovery of attorney’s fees, court costs and expenses for any investigation.
In addition to limiting who may perform these procedures, SB 2366 also would require medical spas to post a notice to consumers informing them of the restrictions on these procedures and to provide the Consumer Protection Division’s contact information. The exact form and content of this notice will be determined by the attorney general at a later date.
Finally, SB 2366 would require the Texas Medical Board to forward any complaints that it receives related to the improper administration of these procedures to the Consumer Protection Division for further investigation. This would be in addition to whatever investigation or action the Texas Medical Board normally would take in such a case.
AmSpa and ByrdAdatto will issue a statement regarding this bill in the near future, so check back soon to find out where we stand and what can be done.