The Texas legislature is taking a closer look at the med spa industry with the introduction of House Bill 3749, proposed by Representative Angelia Orr on March 4, 2025. This bill is a direct response to growing concerns over patient safety in medical spas, particularly following a tragic incident in 2023 when a woman lost her life during an IV procedure at a med spa in Wortham, Texas.
At Lengea Law, where we specialize in regulatory compliance and legal support for med spas and aesthetic practices, we recognize the potential impact of HB 3749 on the industry. The proposed legislation aims to establish stricter oversight for medical spas, with several key provisions:
- Medical Spas as Medical Practices
Under HB 3749, medical spas would be officially classified as medical practice settings. This classification subjects them to the same regulatory standards as traditional medical practices, including compliance with medical board rules and healthcare regulations.
- Mandatory Medical Director
The bill mandates that each medical spa must have a dedicated medical director. Importantly, this director must be a licensed physician with specific training in cosmetic medical procedures. They would be responsible for:
- Implementing and maintaining quality care policies.
- Overseeing the delegation of cosmetic procedures.
- Providing direct supervision during treatments.
- Enhanced Physician Supervision
The proposed legislation sets clear requirements for physician involvement:
- Physicians must have specialized training related to the procedures performed at the med spa.
- A supervising physician must be physically present at the med spa whenever cosmetic medical procedures are being conducted.
- Regulating Elective Intravenous Therapy
The bill introduces new standards for elective IV therapy, limiting administration to trained and supervised physician assistants or registered nurses. This measure ensures that IV treatments are conducted under appropriate medical oversight, reducing the risk of complications.
Why This Matters for Med Spa Owners
For med spa owners and operators, compliance with HB 3749 would not only mean adjusting staffing and supervision models but also ensuring that all medical and cosmetic procedures align with the new regulatory requirements. The bill represents a significant shift in how the industry is governed and highlights the increasing scrutiny on safety and quality standards.
At Lengea Law, we help med spa owners navigate complex legal landscapes and adapt to new regulations. Our team is closely monitoring the progress of HB 3749 and is ready to assist our clients in understanding and implementing the necessary changes. It is important to note that similar bills have not passed in Texas when they were previously proposed. If you have questions about how this bill could impact your practice, contact us today.