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House Bill 449 |
House Author: Jackson, Jim et al. |
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Effective: See below |
Senate Sponsor: Deuell |
House Bill 449 amends the Health and Safety Code to authorize the executive commissioner of the Health and Human Services Commission to adopt rules to govern the development and administration of an examination for a laser hair removal applicant, and to provide for the certification of laser hair removal professionals, senior laser hair removal technicians, laser hair removal technicians, and laser hair removal apprentices-in-training. The bill requires a laser or pulsed light device used for laser hair removal in a laser hair removal facility to comply with all applicable federal and state laws and regulations, and provides that a person who adulterates or misbrands such a device is in violation of the Texas Food, Drug, and Cosmetic Act. The bill requires a laser hair removal facility to give each customer a written statement outlining the relevant risks associated with laser hair removal. Such a facility is required to have a written contract with a consulting physician to establish proper protocols for the services provided at the facility and to audit the facility's protocols and operations. These provisions take effect September 1, 2009.
House Bill 449 prohibits a person from performing or attempting to perform laser hair removal, or from operating a laser hair removal facility, unless the person holds the appropriate certificate or license as provided by the bill. The bill requires a laser hair removal facility to have a certified laser hair removal professional or a licensed health professional present to supervise the laser hair removal procedures performed at the facility during the facility's operating hours and provides for the continued performance of such procedures if the facility's certified laser hair removal professional leaves the facility. The bill prohibits a person, with exception, from operating a laser or pulsed light device with the intent to treat an illness, disease, injury, or physical defect or deformity and makes the person subject to penalties. A person who is in violation of the bill's provisions may also be subject to an administrative penalty not to exceed $5,000 imposed by the Department of State Health Services, which may also suspend or revoke an applicable license or certificate. These provisions take effect September 1, 2010.