What can a med spa advertise in Texas?
Marketing · part of The Practice Perimeter
Texas regulates med-spa advertising through the Medical Board’s physician advertising rules, which were repealed and re-adopted in full effective 9 January 2025. Two of them bite hardest on a med spa: the physician owns the content of the advertising whether or not they wrote it, and a medical directorship at a site that is not the physician’s primary practice has to be disclosed rather than implied.
22 TAC §164.3(a) · verified Aug 17, 2026 · regulatory monitoring, not legal advice
The rest of what Texas says on this
Every other rule we have verified under advertising rules, each linked to its primary source.
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
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
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
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
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
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
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
How other states answer this
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← All Texas rules and changes · Med Spa Radar is regulatory monitoring and reference, not legal, medical, or compliance advice. Verify against the linked primary source and consult qualified counsel before acting — rules change and turn on your specific facts. Legislative data via LegiScan (CC BY 4.0).