| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain prohibited practices by a barber or |
|
|
cosmetologist. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E-1, Chapter 1603, Occupations Code, |
|
|
is amended by adding Section 1603.2110 to read as follows: |
|
|
Sec. 1603.2110. PROHIBITED PRACTICES. (a) Except as |
|
|
provided by Subsection (b), a person performing a barbering or |
|
|
cosmetology service within the scope of a license or permit issued |
|
|
under this subchapter may not: |
|
|
(1) make an incision into the dermis layer of a |
|
|
person's skin, including for purposes of injecting a medication or |
|
|
other substance; or |
|
|
(2) use a prescription medical device approved by the |
|
|
United States Food and Drug Administration. |
|
|
(b) A person holding a license or permit issued under this |
|
|
subchapter may perform an act described by Subsection (a) as part of |
|
|
a barbering or cosmetology service if the person is licensed to |
|
|
perform that act in this state or is otherwise authorized by law to |
|
|
perform that act. In a disciplinary action by the commission |
|
|
related to an act in violation of Subsection (a), the license or |
|
|
permit holder has the burden of proving by a preponderance of the |
|
|
evidence that the person is licensed or otherwise authorized to |
|
|
perform the act. |
|
|
(c) This section does not affect the authority of another |
|
|
state agency regulating a profession to enforce any law related to |
|
|
that profession. |
|
|
SECTION 2. Section 1603.2110, Occupations Code, as added by |
|
|
this Act, applies only to conduct that occurs on or after the |
|
|
effective date of this Act. Conduct that occurs before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the conduct occurred, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |