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A BILL TO BE ENTITLED
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AN ACT
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relating to the performance of nonsurgical medical cosmetic |
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procedures at medical spas; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 17, Business & Commerce |
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Code, is amended by adding Section 17.465 to read as follows: |
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Sec. 17.465. MEDICAL SPA OPERATION. (a) In this section, |
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"medical spa" means an establishment at which nonsurgical medical |
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cosmetic procedures, including the injection of medication or |
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substances for cosmetic purposes, the administration of colonic |
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irrigations, and the use of a prescription medical device for |
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cosmetic purposes, are performed if the performance of the |
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nonsurgical medical cosmetic procedures at the establishment would |
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be subject to regulation under rules adopted by the Texas Medical |
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Board establishing the duties and responsibilities of a physician |
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who performs or delegates the performance of a nonsurgical medical |
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cosmetic procedure. |
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(b) For purposes of Section 17.46(a), the term "false, |
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misleading, or deceptive acts or practices" includes the |
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performance at a medical spa of a nonsurgical medical cosmetic |
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procedure by a person other than a physician assistant acting under |
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the supervision of a licensed physician or an advanced practice |
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registered nurse acting under the supervision of a licensed |
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physician. |
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(c) A medical spa shall post a notice prescribed by the |
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attorney general under Subsection (d) in a location in which it is |
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likely to be seen and read by a person who enters the medical spa. |
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(d) The attorney general shall adopt rules prescribing the |
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form and content of a notice to be posted by a medical spa. The |
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notice must: |
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(1) inform patients and the public of the restrictions |
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on the performance of nonsurgical medical cosmetic procedures under |
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this section and rules adopted by the Texas Medical Board; and |
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(2) provide the name, mailing address, telephone |
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number, and Internet website of the consumer protection division |
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for the purpose of directing complaints to the division. |
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(e) The Texas Medical Board shall forward any complaints the |
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board receives related to the performance of a nonsurgical medical |
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cosmetic procedure to the consumer protection division. This |
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subsection does not limit the Texas Medical Board's authority to |
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take any action the board is authorized to take with respect to a |
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complaint required to be forwarded under this subsection. |
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(f) In an action brought under Section 17.47 to enforce this |
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section, the consumer protection division may request and the trier |
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of fact may award the recovery of: |
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(1) reasonable attorney's fees and court costs; and |
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(2) the reasonable expenses incurred by the division |
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in obtaining any remedy available under Section 17.47, including |
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the cost of investigation, witness fees, and deposition expenses. |
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SECTION 2. The attorney general shall adopt rules |
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prescribing the form and content of the notice under Section |
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17.465(d), Business & Commerce Code, as added by this Act, not later |
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than December 1, 2019. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2019. |
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(b) Section 17.465(c), Business & Commerce Code, as added by |
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this Act, takes effect January 1, 2020. |