Practicing medicine without a license issued by the Texas State Board of Medical Examiners is a 3rd degree felony. The punishment is 2 to 10 years in prison and up to a $10,000 fine.
The Texas Medical Board regulates the practice of Medicine. The increase in cosmetic procedures by nurses and the use of telemedicine is creating a grey area for injectors, medical spas and other cosmetic businesses performing nonsurgical medical procedures.
The rules governing nonsurgical medical cosmetic procedures are defined in section 193.17 of the Texas Administrative Code.
The most common violations of Section 193.17 involve the use of prescription injectables.
Botulinum toxin type A is a neurotoxin that causes muscles to relax, and prevents wrinkles. The common brand names are, Dysport, Botox, and Xeomin. These products have other medical uses such as preventing headaches, however most medical spas are using the products for cosmetic purposes.
Dermal fillers are also popular at cosmetic medical spas. These fill in the skin to restore lost volume.
In Texas, prior to authorizing a Procedure, a physician, or a midlevel practitioner acting under the delegation of a physician, must:
(A) take a history;
(B) perform an appropriate physical examination;
(C) make an appropriate diagnosis;
(D) recommend appropriate treatment;
(E) develop a detailed and written treatment plan;
(F) obtain the patient’s informed consent;
(G) provide instructions for emergency and follow-up care;
(H) prepare and maintain an appropriate medical record;
(I) have signed and dated written protocols as described in paragraph (7) of this subsection that are detailed to a level of specificity that the person performing the Procedure may readily follow; and
(J) have signed and dated written standing orders.
(K) The performance of the items listed in subparagraphs (A)-(J) of this paragraph must be documented in the patient’s medical record.
If you have been charged with practicing medicine without a license you need to contact an attorney whose sole focus is criminal defense and experienced in defending healthcare crimes. Contact Jay Cohen at Blass Law PLLC.