In other words, unless you are a doctor, chiropractor, optometrist, podiatrist, or physician assistant (in limited situations), you cannot own a medical spa. Equally important, medical practices can only be owned by physicians, 10 The only exceptions are podiatrists, chiropractors, optometrists, and sometimes physician assistants. In Texas, nurse practitioners, estheticians, and other non-medical individuals cannot own a medical spa, also known as a medical spa or medical spa. However, a non-physician can participate in the day-to-day operations of a medical spa through a Management Services Organization (MSO).
In accordance with 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. Equally important, doctor's offices can only be owned by doctors. The only exceptions are podiatrists, chiropractors, optometrists, and sometimes physician assistants. That means that nurse practitioners or people without a license cannot form a “partnership with doctors to own a medical spa.” Over the past week, news of law enforcement against two medical spas (“MedSpas”), including the arrest of a popular injector nurse and the clinic's supervising medical director, has created panic within the medspa community.
The sobering reality of Botox arrest is this: orange jumpsuits are not reserved just for non-compliant MedSpa who mutilate or kill a patient.