PROSPER, Texas–(BUSINESS WIRE)–As discussion continues around claims that Texas has “closed a med spa loophole” in 2026, MySpaLive is issuing a formal clarification based on statute, legislative history, and current Texas Medical Board (TMB) rules.
Senate Bill 378 (SB 378) — frequently referenced in recent headlines — was vetoed on June 2, 2025, and did not become law. As a result, physician delegation authority under Texas Occupations Code Chapter 157 remains unchanged.
House Bill 3749 (Jenifer’s Law), effective September 1, 2025, applies specifically to elective IV therapy. It does not alter the legal framework governing cosmetic injections such as neurotoxins or dermal fillers.
In January 2025, the Texas Medical Board reorganized its rules, moving former Rule 193.17 into 22 TAC Chapter 169. These updates clarified supervision standards, Good Faith Exam requirements, written protocol obligations, BLS presence, and transparency requirements. They did not prohibit compliant delegation of nonsurgical medical cosmetic procedures.
Under current Texas law:
- Cosmetic injections remain the practice of medicine.
- Physicians may delegate medical acts to qualified and properly trained individuals under Chapter 157.
- A Good Faith Exam must be performed by an MD, DO, PA, or APRN prior to treatment.
- Supervision must meet the standards outlined in Rule 169.26.
MySpaLive operates within this framework. Our training programs are structured around Texas Medical Board Rule 169, Chapter 157 delegation standards, documented Good Faith Exams, written protocols, and emergency preparedness requirements.
The regulatory environment in Texas has not undergone a fundamental statutory shift. It has undergone clarification.
We encourage aesthetic professionals to review the actual legislative record and TMB rules when making business decisions. Our full legal analysis is available upon request for those seeking a detailed statutory breakdown.
MySpaLive remains committed to compliance, transparency, and elevating standards in aesthetic training across Texas.
Contacts
Emily Kaczynski
[email protected]
