The Texas Legislature is currently reviewing several bills that could significantly affect the operation of medical spas and wellness clinics across the state. While the intent may be to protect patient safety, these proposals introduce burdensome restrictions that would raise operational costs, limit access to services, and reduce staffing flexibility.
If passed, these bills would especially impact women- and minority-owned businesses, which make up the majority of the medical aesthetics industry in Texas.
This is a crucial time to stay informed and make your voice heard.
Overview of the Proposed Bills
1. House Bill 3749 – “Jenifer’s Law”
Summary:
Mandates that medical spas be overseen by a physician with cosmetic training, and imposes strict supervision requirements.
Key Provisions:
- A licensed physician must serve as the medical director.
- A physician must evaluate each patient and develop the treatment plan.
- A physician or qualified midlevel provider must be physically present during procedures.
- Introduces new training standards for all providers.
Why It Matters:
This bill would drive up operating costs and restrict flexibility in staffing models. Many rural clinics and solo practitioners may not be able to comply.
Status:
- Filed March 4, 2025
- Referred to House Public Health Committee on March 26, 2025
- Awaiting committee vote before proceeding to the House floor
2. House Bill 3889 – Limits on Nurse Practitioners and Physician Assistants
Summary:
Prevents nurse practitioners (NPs) and physician assistants (PAs) from treating new patients without prior evaluation by a physician.
Why It Matters:
Would significantly reduce access to care in settings where NPs and PAs serve as the primary providers, particularly in aesthetics and wellness practices.
Status:
- Filed March 6, 2025
- Referred to House Public Health Committee on March 27, 2025
- Currently in committee
3. House Bill 3890 – Restrictions on Physician Supervisors
Summary:
Prohibits physicians from supervising NPs or PAs for aesthetic procedures unless aesthetics is a part of their primary medical specialty.
Why It Matters:
Many supervising physicians in the med spa field have backgrounds in family medicine, emergency medicine, or internal medicine. This bill would disqualify them from continuing in those roles, affecting service delivery.
Status:
- Filed March 6, 2025
- Referred to House Public Health Committee on March 27, 2025
- Currently in committee
4. Senate Bill 378 – Prohibition on Estheticians Performing Certain Procedures
Summary:
Explicitly prohibits estheticians and cosmetologists from:
- Administering Botox or fillers
- Using prescription medical devices (such as microneedling pens or lasers)
Why It Matters:
Although such services should already be supervised, this bill would bar estheticians from providing these services entirely—even if they are trained and working under physician supervision. The language is overly broad and could lead to overregulation.
Status:
- Passed the Senate on March 27, 2025
- Received in the House on March 31, 2025
Note: This bill is further along in the process than others. Businesses should act now if they may be impacted.
5. House Bill 3567 – Restrictions on Delegation and Practice Radius
Summary:
- Limits delegation of tasks to only those within a physician’s specialty.
- Requires procedures to occur within 75 miles of the physician’s primary office.
- Targets remote supervision arrangements.
Why It Matters:
Would hinder multi-location med spa models and reduce collaborative opportunities with experienced physicians who are not dermatologists or cosmetic specialists.
Status:
- Filed February 28, 2025
- Referred to House Ways & Means Committee on March 25, 2025
- Currently in committee
How a Bill Becomes Law in Texas
To become law, each bill must:
- Be referred to and pass through a committee
- Be approved by a majority in the originating chamber (House or Senate)
- Undergo the same process in the opposite chamber
- Be signed into law by the Governor
Most of the bills listed above are still in the committee stage, meaning there is still time to engage in advocacy before they advance.
Take Action: Contact Your Legislators
Let your elected officials know that these bills will:
- Reduce patient access to care
- Increase legal and operational burdens on small businesses
- Undermine safe delegation practices and staffing flexibility
- Disproportionately harm women- and minority-owned clinics
Click here to contact your representatives.
- Enter your address to view your State House and Senate representatives.
- Click on their names for direct contact information and email options.
Why This Matters for the Industry
These bills threaten to:
- Shrink the pool of qualified supervising providers
- Disrupt safe, well-regulated service models
- Set dangerous precedents that could influence legislation in other states
- Limit care in underserved areas where flexibility is essential
The med spa and aesthetics industry in Texas is at a turning point. What happens here could shape the future of medical aesthetics nationwide. Stay engaged, share this information with colleagues, and make your voice count.