Texas advertising rules for med spas

FTC and state limits on how treatments and results may be marketed. Below are the Texas rules that govern it, each linked to its primary source.

Advertising rules in Texas

Texas regulates med-spa advertising through the Medical Board’s physician advertising rules, and several bite hardest on a med spa: a TESTIMONIAL is deemed misleading without both a credentials disclaimer and disclosure of compensation; models or actors must be identified as such; an undisclosed medical directorship at a non-primary location is deemed misleading; patients must consent before their photographs are used — the before-and-after gallery rule; and a copy of every advertisement must be kept for two years.

Advertising about the practice of medicine, professional credentials and qualifications is permitted, but the information in the advertisement may not be false, deceptive or misleading.
22 TAC §164.3(a) · verified Aug 17, 2026 · read at Cornell Legal Information Institute
Failing to disclose a medical directorship, or the supervision of or delegation to non-physicians, at a location that is not the physician’s primary practice location and where care is delivered under standing orders and protocols, is itself deemed false, deceptive or misleading advertising. This is the provision that reaches the common med-spa arrangement in which the supervising physician is rarely on site.
22 TAC §164.3(b)(8) · verified Aug 17, 2026 · read at Cornell Legal Information Institute
A testimonial is deemed false, deceptive or misleading unless it carries both a disclaimer or warning as to the credentials of the person giving it and a disclosure of any compensation provided in exchange for it.
22 TAC §164.3(b)(3) · verified Aug 17, 2026 · read at Cornell Legal Information Institute
Failing to explicitly identify individuals appearing in advertising as models or actors rather than actual patients is deemed false, deceptive or misleading.
22 TAC §164.3(b)(4) · verified Aug 17, 2026 · read at Cornell Legal Information Institute
Every physician is responsible for the form and content of any advertisement for their individual or group practice, and is deemed to have reviewed and approved every such advertisement — whether or not they in fact saw it before it ran.
22 TAC §164.2(a) · verified Aug 17, 2026 · read at Cornell Legal Information Institute
Patients must consent before any use of photographs or other representations of them in advertising by a physician, a practice, or an entity — which is the rule a before-and-after gallery turns on.
22 TAC §164.2(b) · verified Aug 17, 2026 · read at Cornell Legal Information Institute
A recording or copy of any advertisement must be retained by the physician for two years from the last date it was communicated.
22 TAC §164.2(c) · verified Aug 17, 2026 · read at Cornell Legal Information Institute
Whenever the consumer protection division has reason to believe that any person is engaging in, has engaged in, or is about to engage in any act or practice declared unlawful by the Deceptive Trade Practices subchapter, and that proceedings would be in the public interest, the division may bring an action in the name of the state to restrain the practice by temporary restraining order, temporary injunction, or permanent injunction.
Tex. Bus. & Com. Code §17.47(a) · verified Sep 8, 2026

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MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director.