81R3597 YDB-D
 
  By: Zerwas H.B. No. 2028
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to delegation by a physician of certain cosmetic and
  dermatological medical treatments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 157, Occupations Code, is
  amended by adding Section 157.008 to read as follows:
         Sec. 157.008.  DELEGATION OF COSMETIC AND DERMATOLOGICAL
  MEDICAL TREATMENTS. (a) In accordance with rules adopted by the
  board, a physician may delegate to a qualified and properly trained
  physician assistant:
               (1)  the administration of botulinum toxin injections;
               (2)  administration of dermal fillers;
               (3)  cosmetic or aesthetic medical treatments; or
               (4)  the use of a laser or intense pulsed light device
  that is a prescription device under 21 C.F.R. 801.109 used for a
  medical or dermatological treatment.
         (b)  The administration of a medical treatment or use of a
  prescription device described under Subsection (a) is considered
  the practice of medicine and may be performed only by a physician or
  by a physician assistant under a physician's order, standing
  medical order, standing delegation order, or protocol.
         (c)  The administration of a medical treatment or use of a
  prescription device described under Subsection (a) must be in
  compliance with laws relating to the practice of medicine and state
  and federal laws relating to the administration of a medical
  treatment or use of a prescription device.
         SECTION 2.  Not later than January 1, 2010, the Texas Medical
  Board shall adopt rules necessary to implement Section 157.008,
  Occupations Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2009.