Laser Hair Removal
Set Up a Laser Hair Removal Business in Texas
Start a Laser Hair Removal Business in Texas with Houston Healthcare Attorneys
Various governing entities in Texas – from the Texas Medical Board to the Texas Department of Licensing & Regulation – closely regulate the ownership, management, and facility requirements for laser hair removal clinics. Only certain professionals may own and operate a clinic, purchase laser hair removal devices, and provide services to clients.
Before you start a business in laser hair removal, get familiar with Texas laws and requirements of the state departments that oversee permits and licensing.
We also recommend having an experienced attorney on your team to help you navigate the applicable rules and regulations, guide you through the business startup process, and keep your practice compliant.
Who Can Own a Laser Hair Removal Clinic in Texas?
In Texas, laser hair removal clinics can exist within a physician’s practice, a hospital, a med spa, or a licensed hair removal facility.
Who can own a laser hair removal business?
- Physicians and hospitals can incorporate laser hair removal into an existing practice or medical spa. Due to Texas’ Corporate Practice of Medicine doctrine, a medical practice or med spa must be owned by a physician; however, a non-physician may own and operate the non-medical aspects of a medical practice.
- Anyone can own and operate a laser hair removal facility, so long as such person holds a license to operate the facility and the facility has a written contract with a consulting physician. A separate license is required for each facility.
Each laser hair removal clinic must be registered and follow all applicable rules and regulations.
Who Can Perform Laser Hair Removal Services?
When all applicable requirements are met, physicians and their delegates, or persons licensed by the Texas Department of Licensing & Regulation (TDLR), may perform laser hair removal in Texas.
Within a medical practice, including a medspa, a physician may delegate to a qualified and properly trained person acting under the physician’s supervision any medical act, including laser hair removal, so long as certain conditions are met. In addition, all procedures must be:
- Performed after the patient is evaluated and diagnosed by a physician, physician assistant (PA), or advanced practice registered nurses (APRN);
- While a PA or APRN is onsite, or the delegating physician is available for emergency consultation; and
- The procedures are timely co-signed by the supervising physician.
Within a licensed laser hair removal facility, procedures are performed by persons holding a certificate issued by the Texas Department of Licensing and Registration.
The four levels of licensure for laser hair removal include:
- Senior Technician
A laser hair removal facility must have a certified professional or healthcare practitioner, acting within their scope of practice, present to supervise the procedures performed by an apprentice, technician, or senior technician at the facility during the facility’s operating hours.
In addition, the facility must have a written contract with a consulting physician to:
- Establish protocols for the services provided at the facility; and
- Audit the facility’s protocols and operations.
The consulting physician, or a designated backup physician, must be available to the facility for emergency consultation and to any patient in need of an emergency appointment. A certified professional acting under the protocols established with a consulting physician may perform laser hair removal procedures without supervision.
Can an esthetician do laser hair removal in Texas? An esthetician license does not authorize estheticians to use lasers, including lasers for laser hair removal. Under certain circumstances, an esthetician may perform laser hair removal procedures under a physician’s delegation and supervision.
For any questions about laser hair removal in a medspa or physician’s practice, call Hendershot Cowart P.C. at(713) 909-7323or contact us online to speak with a Texas healthcare lawyer.
Where Can Laser Hair Removal Be Offered?
Laser hair removal can be offered at a physician’s practice (i.e., a doctor’s office, hospital, or med spa) – or at a licensed laser hair removal facility. A physician's practice is not required to register as a laser hair removal facility unless that is the only service it provides.
Who Can Purchase a Laser Hair Removal Device?
A laser or pulsed light device used for laser hair removal must be approved or cleared by the federal Food and Drug Administration (FDA) for that purpose. Most medical devices placed on the market are prescription devices, which means they can only be sold to or on the order of a physician. In a physician’s practice, the physician owner purchases the laser hair removal device. For a licensed facility, the consulting physician may need to purchase the device for use by the facility’s certified laser hair removal practitioners.
Start a Laser Hair Removal Business With Confidence
Starting a laser hair removal business in Texas requires careful compliance with the licensing rules and other Texas regulations, and violating Texas law can be costly for new and existing practices. At Hendershot Cowart P.C., we routinely help healthcare professionals structure and operate medical spas and healthcare clinics in compliance with state and federal laws and regulations.
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