TMSA is working hard to make our voices heard in Austin, but we cannot do it alone. You can help.
Making Our Voices Heard
The Texas Med Spa industry is a lucrative industry in Texas. Small businesses own the vast majority of Texas Med Spas, which in turn employ tens of thousands of Texans throughout the state.
As with any lucrative industry, there are those that would hope to regulate Texas Med Spas in such a way as to reduce competition and thereby enlarge their own profit margins.
We have seen this with other healthcare related industries, so we would not expect the med spa industry to be any different. The groups that would like to change Texas Med Spa regulations to reduce competition (and put others out of business) are seeking changes that would require:
- Physicians to own all facilities in which med spa procedures are performed.
- All facilities that perform any med spa procedures to be regulated as medical facilities.
- Physicians to be onsite for all procedures.
- The ability of the physician to delegate to be limited by restricting the types of personnel that can perform procedures.
- Additional specific training requirements for doctors that are not dermatologists or what some define as “core-competencies” in order to be permitted to perform or supervise med spa procedures.
The groups behind these efforts are varied, but the most significant attempts lately have come from dermatologists, as well as the American Med Spa Association (AmSpa). Dermatologists have a particular interest in passing some of these regulations, as they are primarily office-based and can be present for all procedures, which would in turn allow them to essentially take control of the med spa industry. Other specialties, such as plastic surgeons, are often in surgery and cannot always be present during procedures.
AmSpa works with a lot of dermatologist based practices and advocates heavily for physician ownership, and for the regulation of facilities as medical facilities, as well as other limitations similar to those that are proposed by the dermatologists.
Since Texas is one of the top states in terms of the number of med spas, it is an attractive target for groups to push these new regulations that would reduce competition, shut down many small businesses, put thousands of Texans out of work and drive up consumer pricing.
Unfortunately, many of these groups are well-monied and influential, and unless groups like the TMSA are able to grow big and powerful enough to put in place our own statutory framework and deter further attempts by these groups, eventually they are likely to succeed in at least some of their efforts.
Texas Med Spas and those whose livelihoods are connected with the continued success of Texas Med Spas must come together and contribute to efforts to enhance our presence at the Texas Capitol. As part of our lobbying effort we:
- Meet with legislators and staff, preferably with constituents from their home districts (that means you) to explain the current TMB regulatory framework for med spas and the negative effects that would come from the changes proposed by dermatologists and others.
- Work with the TMB and other agencies to ensure we are aware of any proposed changes to the current TMB regulations related to med spa procedures.
- Create educational materials related to med spa regulations and proposed changes for consideration by members and staff.
- Educate other associations with an interest in med spas regarding regulatory and legislative issues.
- Obtain feedback from physicians who own med spas but who are not dermatologists to explain the negative effects on their practices of some of the proposed rule changes.
- Solicit other feedback from members who would lose their jobs or have to lay off employees, or who would have to restructure their businesses to grant ownership to other entities in order to comply with proposed rule and legislative changes.
- In compliance with ethics regulations, make campaign contributions to legislators expected to be sympathetic to the concerns of small businesses.
Although we have been successful in recent years in stopping various attempts to legislate or regulate away our businesses, it is the responsibility of everyone to contribute. These groups will keep coming back, trying new tactics since their initial attempts have been unsuccessful.
We can expect that articles will be planted by our opposition about rogue non-compliant operators, which will then be used by our opposition to convince legislators and regulators that changes are needed in the Texas Med Spa industry. Well-financed groups will recruit other groups to support their efforts, and, with their large campaign contributions, will be able to lure otherwise responsible legislators to believe that changes are needed.
It is your business, and you have a stake and responsibility in its protection. Please make your commitment to join the TMSA today. We cannot do it without you.