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How Proposed Texas Bills Could Reshape Med Spa Regulations
The Texas medical aesthetics industry is facing a potential massive shake-up with the introduction of three new bills—HB 3749, HB 3889, and HB 3890. These bills propose tighter restrictions on the roles of physician assistants (PAs) and nurse practitioners (NPs) in medical spas, as well as new limitations on specialty physicians (physicians whose area of specialty is outside of their area of supervision) who wish to own or operate aesthetic practices. If passed, these laws could drastically affect med spa businesses across the state.
HB 3749 – "Jenifer’s Law" and Its Impact on Med Spas
Texas House Bill 3749, dubbed "Jenifer's Law" by the press, was introduced in response to the tragic passing of Jenifer Cleveland during an IV treatment administered by an unlicensed person at a Wortham, Texas medical spa in 2023.
While the bill builds off of current Texas law for med spas and IV therapy, it also introduces some sweeping new provisions that could severely limit the role of NPs and PAs in med spas.
Under HB 3749:
- Only physicians would be permitted to conduct the initial patient assessment (Good Faith Exam), diagnose patients, and create treatment plans—duties that PAs and NPs currently perform.
- Supervising physicians would be required to be on-site or immediately available during procedures.
- Cosmetic medicine - defined broadly to include treatments such as neuromodulators (e.g., Botox), dermal fillers, laser procedures, and energy-based treatment - would now require direct physician involvement.
According to AmSpa General Counsel Patrick O’Brien, JD, if this bill passes, PAs and NPs would no longer be able to assess med spa patients or prescribe cosmetic procedures, significantly restricting their ability to practice in aesthetic medicine.
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HB 3889 – Restricting PAs and NPs in Patient Diagnosis
HB 3889 proposes amendments that would limit the ability of PAs and NPs to diagnose new patients or create treatment plans unless the patient already has an established physician-patient relationship with a supervising physician. This restriction applies across all medical fields, not just aesthetics, and would prevent PAs and NPs from performing initial assessments like the Good Faith Exam.
This bill could further reduce access to medical aesthetic treatments, in addition to many other treatments, by requiring patients to first see a physician before undergoing any procedures in a med spa setting.
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HB 3890 – Limits on Supervising Physicians
HB 3890 targets physicians who supervise NPs and PAs outside of their primary area of practice. If passed, this bill would:
- Restrict physicians without a background in dermatology or plastic surgery from supervising PAs and NPs in medical aesthetic practices.
- Reduce the number of available supervising physicians, making it harder (and likely more expensive) for med spa providers to open and remain operational.
For non-core physicians looking to expand into aesthetics, this bill could present significant roadblocks as well.
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What’s Next for Texas Med Spas?
These proposed bills could drastically reshape the medical spa industry in Texas, limiting the roles of PAs, NPs, and non-core physicians. Industry professionals should stay informed and engaged as these legislative efforts progress.
To learn more, visit AmSpa’s website for expert insights and updates on how these bills may affect medical aesthetic practices in Texas.
Advocating for the Future of Medical Aesthetics in Texas
If you’re a member of the Texas medical aesthetic community, you may want to engage with your legislators. While patient safety and regulatory compliance are critical, HB 3749, HB 3889, and HB 3890, as written, could restrict licensed and highly trained medical professionals from providing care.
Find your state representative here.
Credit: Information sourced from AmSpa and Texas Bills.
