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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of laser hair removal facilities; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 401, Health and Safety Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. LASER HAIR REMOVAL |
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Sec. 401.501. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Laser hair removal" means the use of a laser or |
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pulsed light device for nonablative hair removal procedures. |
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(4) "Laser hair removal facility" means a business |
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location that provides laser hair removal. |
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(5) "Laser or pulsed light device" means a device |
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approved by the department and the United States Food and Drug |
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Administration for laser hair removal. |
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(6) "Nonablative hair removal procedure" means a hair |
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removal procedure using a laser or pulsed light device that does not |
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remove the epidermis. |
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(7) "Operator" means the owner of a laser hair removal |
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facility, an agent of an owner, or an independent contractor of a |
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laser hair removal facility. |
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Sec. 401.502. EXAMINATION. The executive commissioner may |
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adopt rules to govern the development and administration of an |
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examination for an applicant under this subchapter. |
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Sec. 401.503. APPLICATION PROCESS. (a) An application for |
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a certificate or license under this subchapter must be made on a |
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form prescribed and provided by the department. |
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(b) The application must require an applicant to provide |
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sworn statements relating to the applicant's education and to |
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provide other information required by the department. |
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Sec. 401.504. CERTIFICATE FOR INDIVIDUALS REQUIRED. (a) A |
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person may not perform or attempt to perform laser hair removal |
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unless the person holds the appropriate certificate under this |
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subchapter. |
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(b) A certificate issued under this subchapter only |
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authorizes a person to perform nonablative cosmetic laser hair |
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removal. The certificate does not authorize the person to |
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diagnose, treat, or offer to treat any client for any illness, |
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disease, injury, defect, or deformity of the human body. The |
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certificate holder shall specifically disclose this limitation in |
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writing to all clients and prospective clients. |
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(c) This subchapter does not require a health professional |
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licensed under another law to hold a certificate under this |
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subchapter to perform laser hair removal if the performance of |
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laser hair removal is within the scope of that professional's |
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practice as determined by the professional's licensing board. |
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(d) This subchapter does not apply to a physician or to a |
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physician's employee or delegate acting under Chapter 157, |
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Occupations Code. |
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Sec. 401.505. CERTIFIED LASER HAIR REMOVAL PROFESSIONAL. |
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(a) An applicant for a laser hair removal professional certificate |
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must: |
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(1) be certified by a recognized certifying agency, |
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including the Society for Clinical and Medical Hair Removal or |
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another certification entity approved by the department; |
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(2) meet the requirements for a senior laser hair |
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removal technician certificate under Section 401.506; and |
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(3) pass an examination administered by the |
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department. |
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(b) A certified laser hair removal professional acting |
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under the protocol established with a consulting physician may |
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perform laser hair removal without supervision. |
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Sec. 401.506. SENIOR LASER HAIR REMOVAL TECHNICIAN. (a) |
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Except as provided by Subsection (b), an applicant for a senior |
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laser hair removal technician certificate must: |
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(1) meet the requirements for a laser hair removal |
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technician certificate under Section 401.507; and |
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(2) have supervised at least 100 laser hair removal |
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procedures, as audited by a certified laser hair removal |
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professional. |
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(b) The qualifications for eligibility for an applicant for |
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a senior laser hair removal technician certificate who is a |
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licensed health professional shall be established by the entity |
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that issues licenses for that health profession. |
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Sec. 401.507. LASER HAIR REMOVAL TECHNICIAN. An applicant |
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for a laser hair removal technician certificate must: |
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(1) meet the requirements for a laser hair removal |
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apprentice-in-training certificate under Section 401.508; and |
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(2) have performed at least 100 laser hair removal |
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procedures under the direct supervision of a senior laser hair |
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removal technician or a certified laser hair removal professional. |
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Sec. 401.508. LASER HAIR REMOVAL APPRENTICE-IN-TRAINING. |
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(a) An applicant for a laser hair removal apprentice-in-training |
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certificate must have at least 24 hours of training in safety, laser |
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physics, skin typing, skin reactions, treatment protocols, burns, |
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eye protection, emergencies, and posttreatment protocols. |
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(b) A laser hair removal apprentice-in-training must work |
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directly under the supervision of a senior laser hair removal |
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technician or a certified laser hair removal professional. |
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(c) A person must be at least 18 years of age to qualify to |
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be a laser hair removal apprentice-in-training. |
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Sec. 401.509. CONTINUING EDUCATION. The department shall |
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recognize, prepare, or administer continuing education programs |
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for certificate holders. A certificate holder must participate in |
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the programs to the extent required by department rule to renew the |
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person's certificate. |
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Sec. 401.510. FACILITY LICENSE REQUIRED. (a) A person may |
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not operate a laser hair removal facility unless the person holds a |
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license issued under this subchapter to operate the facility. |
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(b) A separate license is required for each laser hair |
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removal facility. |
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(c) This section does not apply to: |
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(1) a facility owned or operated by a physician for the |
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practice of medicine; |
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(2) a licensed hospital; or |
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(3) a clinic owned or operated by a licensed hospital. |
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Sec. 401.511. EXPIRATION OF CERTIFICATE OR LICENSE. The |
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executive commissioner by rule may adopt a system under which |
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certificates and licenses expire on various dates during the year. |
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Sec. 401.512. RENEWAL OF CERTIFICATE OR LICENSE. (a) A |
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certificate or license expires on the second anniversary of the |
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date of issuance. |
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(b) A person must renew the person's certificate or license |
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on or before the expiration date. |
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(c) The department shall issue a renewal certificate or |
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license on receipt of a renewal application in the form prescribed |
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by the department, accompanied by a renewal fee in an amount equal |
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to the original certificate or license fee. |
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Sec. 401.513. DISPLAY OF LICENSE OR CERTIFICATE. A person |
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holding a license or certificate under this subchapter shall |
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display the person's license or certificate in an open public area |
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of the laser hair removal facility. |
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Sec. 401.514. LASER OR PULSED LIGHT DEVICE. (a) A laser or |
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pulsed light device used for laser hair removal in a laser hair |
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removal facility must comply with all applicable federal and state |
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laws and regulations. |
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(b) A person who adulterates or misbrands a laser or pulsed |
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light device violates Chapter 431. The department may investigate |
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a person accused of adulterating or misbranding a laser or pulsed |
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light device. |
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(c) A person may only use a laser or pulsed light device |
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approved for laser hair removal by the federal Food and Drug |
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Administration for that purpose and may only use the device at the |
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settings expected to safely remove hair. |
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Sec. 401.515. CUSTOMER NOTICE; LIABILITY. (a) A laser hair |
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removal facility shall give each customer a written statement |
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outlining the relevant risks associated with laser hair removal, |
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including a warning that failure to use the eye protection provided |
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to the customer by the laser hair removal facility may result in |
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damage to the eyes. |
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(b) The executive commissioner shall adopt rules relating |
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to the customer notice. |
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(c) Compliance with the notice requirement does not affect |
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the liability of the laser hair removal facility operator or a |
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manufacturer of a laser or pulsed light device. |
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Sec. 401.516. WARNING SIGNS. (a) A laser hair removal |
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facility shall post a warning sign as prescribed by the department |
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in a conspicuous location readily visible to a person entering the |
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facility. The sign must provide a toll-free telephone number for |
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the department and inform the customer that the customer may call |
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the department. |
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(b) The executive commissioner shall adopt rules specifying |
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the size, content, and design of the sign, with wording listing the |
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potential dangers involved. |
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(c) The department shall include with a license application |
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and an application for renewal of a license a description of the |
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design standards required for a sign under this section. |
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Sec. 401.517. OPERATIONAL REQUIREMENTS. (a) Except as |
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provided by Subsection (b), a laser hair removal facility shall |
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have a certified laser hair removal professional or a licensed |
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health professional described by Section 401.504(c) present to |
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supervise the laser hair removal procedures performed at the |
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facility during the facility's operating hours. |
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(b) A laser hair removal facility may continue to perform |
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laser hair removal procedures after the facility's certified laser |
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hair removal professional leaves the facility if a senior laser |
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hair removal technician is present to perform or supervise each |
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procedure. Not later than the 45th day after the date the |
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facility's certified laser hair removal professional leaves the |
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facility: |
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(1) the facility's senior laser hair removal |
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technician must become certified as a laser hair removal |
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professional under Section 401.505; or |
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(2) the facility must hire a new certified laser hair |
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removal professional. |
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Sec. 401.518. SAFETY. (a) A laser hair removal facility |
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operator is responsible for maintaining the laser hair removal |
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facility's compliance with the requirements of this subchapter and |
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department rules relating to laser and pulsed light devices. |
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(b) A laser hair removal facility operator may not claim, |
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advertise, or distribute promotional materials that claim that |
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laser hair removal is free from risk or provides any medical |
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benefit. |
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(c) A laser hair removal facility operator may not produce |
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false or misleading advertising regarding the services offered at |
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the facility. |
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Sec. 401.519. CONSULTING PHYSICIAN. (a) A laser hair |
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removal facility must have a written contract with a consulting |
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physician to: |
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(1) establish proper protocols for the services |
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provided at the facility; and |
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(2) audit the laser hair removal facility's protocols |
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and operations. |
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(b) Under the rules of the department, a laser hair removal |
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facility must document with the department the facility's |
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contractual relationship with the consulting physician. |
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(c) The consulting physician must be available for |
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emergency consultation with the facility as appropriate to the |
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circumstances, including, if the physician considers it necessary, |
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an emergency appointment with the client. If the consulting |
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physician is unavailable for an emergency consultation, another |
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designated physician must be available for the consultation with |
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the facility relating to care for the client. |
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(d) This subchapter does not relieve a consulting physician |
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or another health care professional from complying with applicable |
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regulations prescribed by a state or federal agency. |
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Sec. 401.520. DISCLOSURE OF RECORD PROHIBITED; EXCEPTION. |
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(a) Except as provided by Subsection (b), an operator or other |
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person may not disclose a customer record required to be kept by the |
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department. |
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(b) An operator or other person may disclose a customer |
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record if: |
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(1) the customer or a person authorized to act on |
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behalf of the customer requests the record; |
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(2) the department, the Texas Medical Board, a health |
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authority, or an authorized agent requests the record; |
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(3) the customer consents in writing to disclosure of |
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the record to another person; |
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(4) the customer is a victim, witness, or defendant in |
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a criminal proceeding and the record is relevant to that |
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proceeding; |
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(5) the record is requested in a criminal or civil |
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proceeding by court order or subpoena; or |
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(6) disclosure is otherwise required by law. |
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Sec. 401.521. PROHIBITED PRACTICE. (a) A person may not |
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operate a laser or pulsed light device with the intent to treat an |
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illness, disease, injury, or physical defect or deformity unless |
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the person is: |
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(1) a physician; |
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(2) acting under a physician's order; or |
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(3) authorized under other law to treat the illness, |
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disease, injury, or physical defect or deformity in that manner. |
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(b) A person who violates Subsection (a) is practicing |
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medicine in violation of Subtitle B, Title 3, Occupations Code, and |
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is subject to the penalties under that subtitle and under Section |
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401.522. |
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Sec. 401.522. ENFORCEMENT; PENALTIES. (a) The department |
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may impose an administrative penalty on a person who violates this |
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subchapter or a rule adopted under this subchapter. The amount of |
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the penalty may not exceed $5,000 for each violation. |
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(b) The department may suspend or revoke a license or |
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certificate issued under this subchapter in addition to or instead |
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of imposing a penalty under Subsection (a). |
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(c) The executive commissioner shall adopt rules as |
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necessary to implement this section. |
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SECTION 2. Section 483.041(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Subsection (a) does not apply to the possession of a |
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dangerous drug in the usual course of business or practice or in the |
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performance of official duties by the following persons or an agent |
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or employee of the person: |
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(1) a pharmacy licensed by the board; |
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(2) a practitioner; |
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(3) a person who obtains a dangerous drug for lawful |
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research, teaching, or testing, but not for resale; |
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(4) a hospital that obtains a dangerous drug for |
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lawful administration by a practitioner; |
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(5) an officer or employee of the federal, state, or |
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local government; |
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(6) a manufacturer or wholesaler licensed by the |
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Department of State Health Services under Chapter 431 (Texas Food, |
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Drug, and Cosmetic Act); |
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(7) a carrier or warehouseman; |
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(8) a home and community support services agency |
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licensed under and acting in accordance with Chapter 142; |
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(9) a licensed midwife who obtains oxygen for |
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administration to a mother or newborn or who obtains a dangerous |
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drug for the administration of prophylaxis to a newborn for the |
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prevention of ophthalmia neonatorum in accordance with Section |
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203.353, Occupations Code; [or] |
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(10) a salvage broker or salvage operator licensed |
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under Chapter 432; or |
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(11) a certified laser hair removal professional under |
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Subchapter M, Chapter 401, who possesses and uses a laser or pulsed |
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light device approved by and registered with the department and in |
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compliance with department rules for the sole purpose of cosmetic |
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nonablative hair removal. |
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SECTION 3. (a) Not later than September 1, 2010, a laser |
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hair removal facility in operation on the effective date of this Act |
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must obtain licenses and certificates required by Subchapter M, |
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Chapter 401, Health and Safety Code, as added by this Act. |
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(b) Not later than March 1, 2010, the executive commissioner |
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of the Health and Human Services Commission shall adopt rules as |
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required by Subchapter M, Chapter 401, Health and Safety Code, as |
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added by this Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Sections 401.504, 401.510, 401.517, 401.521, and |
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401.522, Health and Safety Code, as added by this Act, and Section |
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483.041(c), Health and Safety Code, as amended by this Act, take |
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effect September 1, 2010. |
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