88R6331 MAW-F
 
  By: Schwertner S.B. No. 1120
 
 
 
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.