Alert for Texas Med Spas & Wellness Clinics:
4 Bills That Could Harm Your Business & What You Can Do About It
The Texas Legislature is reviewing several bills that could drastically impact how medical spas and wellness clinics operate. While patient safety is essential, these bills go too far—placing unnecessary burdens on small businesses, limiting access to services, and restricting the roles of trained professionals like nurse practitioners, PAs, and estheticians.
If passed, these bills could increase costs, reduce service availability, and make it harder to find qualified supervising physicians. Worst of all, they disproportionately affect women-owned and minority-owned businesses, which dominate the med spa industry.
Now is the time to get informed—and speak out.
Breakdown of the Bills
HB 3749 – “Jenifer’s Law”
Summary: Requires medical spas overseen by a physician with cosmetic training and imposes strict supervision requirements.
Key Provisions:
- A licensed physician must be the medical director.
- A physician must assess every patient and create a treatment plan.
- A physician or trained midlevel must be physically present during procedures.
- New training requirements for all providers performing procedures.
Why it matters: This law would dramatically increase costs for med spas and limit flexibility in staffing. Many rural or solo practices wouldn’t be able to comply.
Status:
- Filed March 4, 2025
- Referred to the House Public Health Committee on March 26, 2025
- Next step: The Committee must vote to advance the bill to the full House for a vote.
If passed in the House, it would go to the Senate for a similar process before potentially becoming law.
HB 3889 – Restricting NPs and PAs from Seeing New Patients
Summary: Prevents nurse practitioners and physician assistants from seeing or treating new patients unless a physician has already evaluated them.
Why it matters: Would severely limit access to aesthetic services, particularly in practices where NPs or PAs serve as the primary care provider.
Status:
- Filed March 6, 2025
- Referred to House Public Health Committee on March 27, 2025
- Still in committee—must be voted out before moving to the House floor.
HB 3890 – Limits on Physician Supervisors
Summary: Prohibits physicians from supervising NPs or PAs for aesthetic procedures unless aesthetics is part of their primary specialty.
Why it matters: Many med spa physicians come from family medicine, emergency medicine, or internal medicine. This bill would disqualify them from overseeing midlevels in a med spa setting.
Status:
- Filed March 6, 2025
- Referred to House Public Health Committee on March 27, 2025
- Still in committee—needs committee approval to move forward.
SB 378 – Banning Estheticians from Injecting Botox or Using Prescription Devices
Summary: Makes it explicitly illegal for estheticians and cosmetologists to:
- Administer Botox or fillers
- Use prescription medical devices (e.g., microneedling pens, lasers)
Why it matters: While these activities are already supposed to be supervised, this bill would ban estheticians outright from performing many services commonly offered at med spas—even if trained and working under a physician or NP.
Status:
- Passed the Senate on March 27, 2025
- Received in the House on March 31, 2025
This is the most advanced bill so far—and although many estheticians shouldn’t be injecting in the first place, this bill casts too wide a net. It would ban trained estheticians from performing safe, supervised treatments, and set a dangerous precedent for overregulation in medical aesthetics.
If your business or your team would be impacted, now is the time to speak up. This bill has already passed the Senate—don’t wait until it’s law.
How Laws Get Passed in Texas (And What Happens Next)
For any of these bills to become law, the following must happen:
- Referred to committee
- Committee hearing and vote
- Passed by full House or Senate
- Repeated in the opposite chamber
- Signed by the Governor
Right now, most of these bills are in the committee stage. That means there is still time to act before they progress.
Speak Out Now: Email Your Texas State Legislators
Let your representatives know that these bills would harm small business, limit access to care, and reduce patient choice.
Find and email your Texas state senator and representative here: https://wrm.capitol.texas.gov/home
When you click the link:
- Enter your address
- You’ll see your State House and State Senate reps
- Click their names for email addresses or contact forms
Why This Is Bad for the Industry
- These bills reduce flexibility in staffing and supervision
- Increase legal risk and operational cost for med spas and wellness businesses
- Harm women- and minority-owned businesses
- Restrict services that are safe when properly delegated
- Limit patient access to aesthetic care, especially in underserved areas
This is an urgent moment for the Texas med spa industry and the aesthetics industry as a whole. What happens in Texas will affect regulations in other states too. Stay engaged, share this with colleagues, and make your voice heard.