Are You Ready for HB 3749? Texas Medical Spa Owners, Here's What You Need to Know

The Texas Legislature is taking a closer look at the growing medical spa industry with the introduction of House Bill 3749 (HB 3749), proposed by Rep. Angelia Orr on March 4, 2025. This bill could significantly change the way medical spas operate in Texas, with an increased focus on compliance, patient safety, and physician oversight.

As a medical spa owner, you're likely familiar with the rapid growth and popularity of the industry. However, with growth comes increased regulation. HB 3749 is designed to address the lack of consistent oversight and ensure the safety and well-being of patients receiving cosmetic medical procedures at medical spas. If enacted, this legislation will establish stricter rules on medical supervision, training requirements, and operational standards.

Key Provisions of HB 3749:

1. Licensed Physician Medical Director
    Every medical spa will need a licensed physician medical director. This physician will be responsible for overseeing all medical procedures and ensuring compliance with medical standards.
   
2. Stronger Physician Oversight
    The bill mandates that supervising physicians be more actively involved in medical spa operations, including conducting mandatory initial patient assessments. The new law requires physicians to maintain onsite availability to ensure proper supervision of medical procedures.
   
3. Training Standards
    The bill establishes new training standards for both physicians and non-physician providers. This includes updated protocols for staff training to ensure safe and effective medical treatments are being provided.
   
4. Increased Compliance and Legal Risks
    As with any significant regulatory change, the implementation of HB 3749 will bring about increased operational costs for medical spas. Failure to comply with the new regulations could result in legal risks, fines, and reputational damage.
   

What Does This Mean for Your Medical Spa?

HB 3749 could potentially change the way you operate your medical spa in Texas. It will require you to reassess your practices, ensuring you comply with the new physician oversight, training, and operational standards. While this legislation aims to increase patient safety, it will also mean that medical spa owners must be more vigilant in maintaining compliance to avoid legal consequences.

At Dykema, we specialize in guiding businesses through evolving regulations, especially in the medical and healthcare sectors. Our team is ready to assist you in navigating these changes, ensuring that your medical spa remains compliant and protected.

Don't wait—be proactive! Contact us today to schedule a consultation and discuss how HB 3749 may impact your medical spa business. Our legal experts will assess your current operations, review your policies, and provide strategic guidance to ensure you are fully prepared for these regulatory changes.

Contact Us:
Email: dykemamso@dykema.com