In Texas, may a non-clinical owner or manager be paid a share of revenue?
Ownership · part of The Practice Perimeter
Short answer
The cited rules do not settle this — they don't address owner or manager pay; they only bar knowingly paying or accepting remuneration for securing patients or patronage to or from a state-licensed health care provider, with federal safe harbors allowed.
⚠️ in Texas paying for patients is a crime, not a board matter. “a person commits an offense if the person knowingly offers to pay or agrees to accept, directly or indirectly, overtly or covertly any remuneration in cash or in kind or any benefit or commission to or from another for securing or soliciting a patient or patronage” for or from a person licensed by a state health care regulatory agency. “PATRONAGE” is wider than patients, and “any benefit” is wider than money.
Tex. Occ. Code § 102.001(a) · verified Sep 2, 2026 · regulatory monitoring, not legal advice
Related Texas rules
Two doors are left open, and both matter to a med spa. First, § 102.001 “permits any payment, business arrangement, or payment practice permitted by 42 u.s.c. section 1320a-7b(b) or any regulation adopted under that law” — the federal anti-kickback safe harbors carry directly into Texas criminal law. Second, it “does not prohibit advertising, unless the advertising is: (1) false, misleading, or deceptive; (2) not readily subject to verification, if the advertising claims professional superiority or the performance of a professional service in a superior manner”, or is prohibited under chapter 164 of the Health and Safety Code.
Tex. Occ. Code §§ 102.003–102.004 · verified Sep 2, 2026
And the penalty escalates. The offense is a class a misdemeanor, rising to a felony of the third degree where the person “has previously been convicted of an offense under this section” or “was employed by a federal, state, or local government at the time of the offense”. ⚠️ this section was amended effective 1 SEPTEMBER 2025 by H.B. 4454 — recent enough that older guidance may not reflect it.
Tex. Occ. Code § 102.001(b)–(c) · verified Sep 2, 2026
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Related Texas questions
- Can a non-physician own a med spa in Texas?
- What limits does Texas place on a med spa's business structure?
- Can a management company run the business side of a med spa in Texas?
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← All Texas rules and changes · 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. Legislative data via LegiScan (CC BY 4.0).