At HR for Health, we’ve seen firsthand how legislative changes can reshape an entire sector of healthcare, and medical spas are no exception. With H.B. No. 3749, commonly known as the Texas Med Spa Bill or the Texas Jenifer’s law, on the table, practices must stay informed to maintain compliance and patient safety standards.
Now, we will take a closer look into these proposed laws, their potential impact on med spas, and strategies to ensure you adapt effectively without jeopardizing your team or your bottom line.
Background on Recent Texas Med Spa Legislation
One of the catalysts behind these proposals was the tragic death of a patient, which gave rise to Texas’ Jenifer’s Law. While the motivation for safer standards is understandable, the breadth of the legislation is a matter of debate within the medical aesthetics community. Specifically, the proposed restrictions might deny NPs and PAs roles they have performed for years, significantly altering the day-to-day operations of med spas.
The bill aims to mandate that supervising physicians be on-site or “immediately available” any time a cosmetic procedure is performed. While this might not sound drastic, many practices rely on remote supervision or off-site directors for smaller procedures, complicating how med spas staff each location. If passed, the proposed effective date is September 1, 2025 and could force a fundamental shift in staffing and scheduling for Texas med spas.
Key Provisions of the Proposed Bills
- Mid-level provider restrictions. The bill seeks to remove key supervisory and diagnostic duties from PAs and NPs, such as performing good faith exams and creating treatment plans. This change would significantly limit their role in day-to-day med spa operations.
- Physician on-site requirements. Proposed legislation may mandate that physicians be physically present during procedures. This poses major challenges for med spas operating in multiple locations or with packed schedules.
- Limitations on delegation. If passed, only physicians would be able to supervise or delegate responsibilities to RNs and other providers. This cuts into the flexible staffing structures many med spas rely on.
- Stricter IV therapy oversight. The proposed laws add layers of supervision for elective IV treatments, driven by concerns over recent safety incidents.
How does the Texas med spa bill impact the industry on a patient and practice level?
Texas House Bill 3749 introduces a new regulatory framework for medical spas across the state. If passed, the bill will impact everything from who can perform cosmetic procedures to how supervision and oversight are structured. While the proposed legislation might sound like a major change, there are clear and practical ways for med spas to adapt without sacrificing patient flow, employee morale, or profitability.
What could shift?
One of the most notable proposed changes is the emphasis on physician oversight. The Texas med spa bill states that a cosmetic medical procedure may not be performed at a med spa without a designated medical spa director. The medical spa director must be a physician trained in cosmetic procedures and is responsible for ensuring oversight, proper delegation, and training of all physician and non-physician providers within the med spa. In some cases, this could mean a physician must be physically present or immediately available on-site for procedures performed by non-physician providers depending on the treatment and level of training of the non-physician providers.
This shift may impact how services are scheduled, especially in locations that rely heavily on PAs or NPs for intake and treatment planning as medical directors would be required to do the initial assessment of the patient and provide a written treatment plan before it can get passed to non-physicians or less trained clinical staff. However, it doesn’t mean your operations need to grind to a halt. With clear job descriptions, thorough onboarding, and standardized protocols, your team can stay aligned while maintaining care quality and efficiency even if physician responsibilities change.
Now what do you do?
Regardless of whether Texas’ Jenifer’s law passes exactly as written, now is the time to tighten up your compliance procedures. This includes both clinical and operational aspects of your practice.
- Clearly define Oversight and Scope of Practice. Each provider’s responsibilities should clearly reflect their licensure and role. Job descriptions and employee handbooks should spell out supervision requirements, training expectations, and which tasks can be delegated. Remember: the medical spa director is ultimately responsible for the safety and legality of services performed. That makes documentation essential.
- Integrate Clinical Protocol into Performance Reviews. While clinical protocols guide how procedures are delivered, performance management systems ensure your team is actually following them. Use your HR system to track employee reviews, document coaching or policy violations, and log all completed trainings and CEUs with clear notes on adherence to required policies by procedure.
- Reinforce a Culture of Compliance. Regulatory changes can create stress and uncertainty. But with early education and transparent communication, you can foster a team mindset that embraces change. Hosting periodic check-ins, updating onboarding materials, and ensuring every team member knows who’s supervising them and how to escalate questions are all simple but effective steps to securing your practice.
Turn Compliance into a Competitive Advantage
You don’t need to wait for a law to pass to operate at a higher standard. Shore up your charting processes and confirm that every procedure, from neuromodulator injections to IV infusions, follows a standardized safety checklist. If new legislation mandates more thorough patient intake or onsite physician oversight, you’ll already be one step ahead.
By proactively implementing clearer job roles, more robust training, and updated HR infrastructure, you’re not just protecting your business, you’re creating a safer, more consistent patient experience.
And you don’t have to do it alone. HR for Health gives you the tools to:
- Create and update job descriptions aligned with licensure
- Keep handbooks current as state laws evolve
- Track training, CEUs, and performance conversations
- Log compliance issues and resolutions for audit-readiness
Change can be uncomfortable, but it can also be an opportunity. A proactive, well-documented approach to HR is how the most resilient med spas thrive, no matter what legislation comes their way.
Contact HR for Health To Make Sure Your Med Spa Is Prepared
At HR for Health, we’re dedicated to helping you work through these shifting regulations with confidence. As an HR for Health customer – you’ll gain all of the insights of our dedicated support team and updates on the status of the law and what it means for your practice. Contact us today to explore how we can help you fortify your practice against upcoming changes and keep you prepared for whatever legislative environment comes next.
