Key Components of a Medical Director Agreement for Texas Med Spas

A medical director agreement is a crucial contract that governs the relationship between a licensed Texas physician and a med spa. In Texas, med spas offer a variety of cosmetic and aesthetic procedures, some of which are considered medical treatments. Due to Texas state laws regarding the corporate practice of medicine (CPOM) and physician delegation, a med spa must have a medical director to oversee these procedures and ensure compliance with regulations.

Since med spas perform medical procedures—such as Botox injections, dermal fillers, laser skin treatments, and microneedling—they must be overseen by a licensed physician. A medical director agreement legally establishes this oversight and defines the physician’s responsibilities to ensure the med spa operates within Texas Medical Board guidelines.

Here are the key components of a medical director agreement for Texas med spas.

Parties Involved:

• Full legal names and details of the medical director (a licensed Texas physician) and the med spa entity.

• Specify if the physician is an independent contractor or an employee.

Scope of Services:

• Physician's role in oversight, compliance, and supervision of medical treatments.

• Establishing treatment protocols and standing orders for procedures like Botox, fillers, and laser treatments.

• Review of patient medical histories and consent forms or delegation of such.

• Supervision of providers (NPs, PAs, RNs, and aestheticians performing medical treatments).

Texas Legal Compliance & Corporate Practice of Medicine (CPOM):

• Texas law prohibits non-physicians from owning or operating a medical practice with a doctor.

• Med spas may be owned by a physician or non-physician, but they cannot be jointly owned by both.

• Clearly outline the physician's responsibility for medical decisions.

Supervision Requirements:

• Define how the medical director will oversee medical treatments.

• Specify onsite versus remote supervision rules, as required by Texas Medical Board (TMB).

• Frequency of chart reviews, training, and staff evaluations.

Compensation & Payment Terms:

• Payment structure (flat fee or hourly rate).

• Define any bonuses, malpractice insurance, or liability coverage.

Term & Termination:

• Length of the agreement.

• Conditions for renewal and early termination (e.g., non-compliance, loss of license, breach of contract).

• Transition process for patients and medical records upon termination.

Indemnification & Liability:

• Who is responsible for malpractice insurance.

• Hold harmless clauses protecting a party from liability due to the other’s actions.

Confidentiality & Non-Compete Clauses:

• Non-disclosure of patient information and business practices.

• Define any non-compete restrictions (geographical and time-based limitations).

Training & Protocol Development:

• Ensure proper training for med spa providers.

• Establish written protocols for delegated procedures in separate delegation agreements.

Compliance with Texas Medical Board & Other Regulations:

• Follow Texas Occupations Code Chapter 162 and Board Rule 193 for delegation of medical tasks.

• Ensure compliance with HIPAA, OSHA, and FDA regulations.

• Proper informed consent policies for medical treatments.

Conclusion on Key Components of a Medical Director Agreement for Texas Med Spas

            A medical director agreement is essential for the legal and safe operation of med spas in Texas. It ensures that medical treatments are performed under proper supervision and in compliance with state laws. By clearly defining the roles, responsibilities, and legal obligations of both the physician and the med spa, this agreement helps protect both parties and ensures quality patient care.

Feel free to reach out if you need more specific information or further clarification.

Weitz Morgan is a leading law firm in Texas in providing comprehensive advice and guidance to med spas. With a deep understanding of the unique challenges and complexities faced by this rapidly growing industry, our team of experienced attorneys is dedicated to helping med spas navigate the legal landscape successfully.

We recognize that med spas operate at the intersection of healthcare and beauty, which necessitates a multifaceted approach to representation. Our firm offers a range of services, including a flat-fee med spa formation package and an outside general counsel subscription, tailored to meet the specific needs of med spas, ensuring compliance, mitigating risks, protecting licenses, and fostering a legally sound business environment.