Last week a bill was introduced in Texas that would drastically affect med spas, severely reducing the scope of nurse practitioners and physician assistants in aesthetic practices. As written, HB 3749 would overly restrict trained, licensed, legally compliant practitioners while not doing enough to safeguard the public against the risks of unlicensed persons illegally administering medical aesthetic treatments.

AmSpa hosted a webinar on Tuesday, March 11 to break down the provisions in the bill, outline how it might affect the med spa industry and provide next steps to take for medical aesthetic professionals to make their voices heard.

If you live in Texas and would like to make your voice heard, click here to find your state representative.

See the Handouts tab to download a form letter to state your opposition.

American Med Spa Association (AmSpa’s) Formal Position on HB 3749

1.     AmSpa opposes this bill and encourages its members and the medical aesthetics industry to do the same. AmSpa will work hard to defeat this bill and asks for the support of the industry to helps its efforts.

2.     AmSpa believes that the family of Jenifer Cleveland deserves accountability from medical spas that employ unsupervised, unlicensed, or undertrained individuals to perform medical treatments, or who disregard existing medical regulations.

3.     Although medical aesthetics is overwhelmingly a safe, trustworthy, and professional industry that prioritizes patient safety, incidents such as Jenifer Cleveland’s untimely death at Luxe Med Spa are tragic, unacceptable, and must never be tolerated in any area of health care.

4.     HB 3749 makes medical spas less safe by needlessly removing trained and qualified advanced practitioners from assessment and supervisory roles.

5.     HB 3749 fails to address the existing issues faced by the medical aesthetics industry, including unlicensed and undertrained providers, illegally sourced product, lack of trained supervision, and lack of education on medical regulations.

6.     AmSpa maintains that medical spas are medical facilities. The medical laws and regulations of each state govern medical practice in that state, and medical spas are necessarily included in that regulatory framework.

7.     The State of Texas has extensive, thorough, and specific regulations addressing the practice of medical aesthetics. These regulations provide a safer, more robust, and more specific regulatory framework that HB 3749 provides, and, if adhered to and enforced, would likely have prevented the death of Jenifer Cleveland.

8.     In the event that any state seeks legislation or regulation addressing medical aesthetics individually, AmSpa supports a clear, straightforward legal framework that comports with existing state health care laws, creates standardized practice and training requirements, and allows for consistent enforcement. It opposes overly excessive, limiting, or restrictive regulations inconsistent with existing principles of health care law. 

9.     AmSpa supports well-informed, practical regulations that ensure patient safety while avoiding reactive legislation that overreaches or harms an already safe industry.

10.  AmSpa is committed to rejecting any so-called "medical spas" that fail to follow the laws and regulations of medical practice or engage in unsafe and/or unethical practices.

11.  AmSpa is committed to educating the industry and legislatures about the medical aesthetics industry in order to encourage meaningful and consistent enforcement, and to prevent unsupervised, unlicensed, or undertrained individuals administering medical treatments.

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