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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the performance of cosmetic |
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injections; requiring an occupational certificate; authorizing |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 9, Occupations Code, is amended by adding |
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Chapter 1604 to read as follows: |
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CHAPTER 1604. COSMETIC INJECTOR CERTIFICATE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1604.001. DEFINITIONS. In this chapter: |
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(1) "Cosmetic injection" means a nonsurgical cosmetic |
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procedure, including: |
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(A) the injection of a prescription drug or other |
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substance for a cosmetic purpose; |
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(B) a cosmetic treatment that pierces, scrapes, |
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or otherwise damages the dermis; and |
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(C) the use, for a cosmetic purpose, of a device |
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as defined by Section 551.003. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(3) "Physician" has the meaning assigned by Section |
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151.002. |
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Sec. 1604.002. APPLICABILITY. This chapter does not apply |
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to a person who is: |
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(1) a physician; |
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(2) a dentist licensed under Subtitle D, Title 3; or |
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(3) a licensed health care professional under the |
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delegation authority of a licensed physician in this state. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 1604.051. GENERAL POWERS AND DUTIES. The department |
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shall enforce this chapter. |
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SUBCHAPTER C. COSMETIC INJECTOR CERTIFICATE |
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Sec. 1604.101. CERTIFICATE REQUIRED. (a) A person may not |
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perform or offer to perform a cosmetic injection unless the person |
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holds a certificate issued under this chapter. |
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(b) A physician may delegate the performance of a cosmetic |
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injection only to a person who holds a certificate issued under this |
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chapter. |
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Sec. 1604.102. CERTIFICATE APPLICATION. (a) An applicant |
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for a certificate under this chapter shall apply to the department |
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on a form and in the manner prescribed by the department, |
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accompanied by: |
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(1) evidence that the applicant: |
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(A) has completed training from a provider the |
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department approves under Section 1604.151; and |
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(B) has performed at least 50 cosmetic injection |
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procedures under the direct supervision of: |
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(i) a physician who delegates the |
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performance of cosmetic injections in accordance with Chapter 157; |
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or |
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(ii) the holder of a certificate issued |
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under this chapter; and |
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(2) a certificate fee in the amount set by the |
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department. |
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(b) An applicant shall provide evidence of the cosmetic |
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injection procedures required under Subsection (a)(1)(B) by |
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submitting a record of procedures on a cosmetic injection log sheet |
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that is: |
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(1) certified by the supervising physician or |
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certificate holder; and |
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(2) submitted through the department's Internet |
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website. |
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Sec. 1604.103. CERTIFICATE TERM; RENEWAL. (a) A |
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certificate issued under this chapter expires on the second |
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anniversary of the date the certificate is issued. |
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(b) The holder of a certificate issued under this chapter |
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may renew the certificate by submitting to the department, before |
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the expiration of the certificate, a renewal application on the |
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form prescribed by the department, accompanied by: |
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(1) evidence that the certificate holder has completed |
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at least eight hours of continuing education from a provider the |
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department approves under Section 1604.152; and |
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(2) a renewal fee in the amount set by the department. |
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Sec. 1604.104. CRIMINAL BACKGROUND CHECK. The department |
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shall conduct a criminal history record information check on each |
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applicant who submits an application for a certificate under this |
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chapter. The department may, as permitted by law: |
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(1) examine any criminal conviction, guilty plea, or |
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deferred adjudication of the applicant; and |
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(2) obtain criminal history record information for the |
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applicant. |
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Sec. 1604.105. ISSUANCE OF CERTIFICATE WITHOUT TRAINING. |
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(a) Notwithstanding Section 1604.102, the department shall issue a |
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certificate under this chapter to an applicant who, not later than |
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September 1, 2026, submits documentation acceptable to the |
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department demonstrating that the applicant has at least two years |
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of continuous experience performing cosmetic injections under the |
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delegation of a licensed physician in this state before September |
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1, 2025. |
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(b) The department shall post on the department's Internet |
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website the documentation required for a certificate under this |
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section. |
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(c) This section expires June 1, 2027. |
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SUBCHAPTER D. TRAINING AND CONTINUING EDUCATION |
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Sec. 1604.151. COSMETIC INJECTION TRAINING. (a) The |
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department shall approve one or more providers of a course |
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consisting of 40 hours of foundational training in the performance |
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of cosmetic injections that satisfies the requirement of Section |
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1604.102. |
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(b) The course described by Subsection (a) must include |
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instruction in: |
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(1) human facial anatomy and physiology; |
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(2) safety protocols and aseptic technique; |
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(3) injection technique and pharmacology; |
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(4) emergency protocols and adverse event management; |
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and |
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(5) legal and regulatory compliance. |
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(c) Each course must include a hands-on practical component |
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evaluated by an instructor approved by the department. |
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Sec. 1604.152. CONTINUING EDUCATION. The department shall |
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approve one or more providers of continuing education in the |
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performance of cosmetic injections that satisfies the requirement |
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of Section 1604.103. |
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SUBCHAPTER E. PRACTICE BY CERTIFICATE HOLDER |
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Sec. 1604.201. AUTHORIZED ACTIVITIES. A certificate issued |
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under this chapter: |
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(1) authorizes the certificate holder to perform only |
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cosmetic procedures; and |
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(2) does not authorize the certificate holder to |
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diagnose, treat, or offer to treat any client for any illness, |
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disease, or injury of the human body. |
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SECTION 2. (a) Not later than December 1, 2025, the Texas |
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Commission of Licensing and Regulation shall adopt the rules, |
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forms, and fees necessary to administer Chapter 1604, Occupations |
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Code, as added by this Act. |
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(b) Not later than March 1, 2026, the Texas Department of |
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Licensing and Regulation shall approve the training required under |
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Section 1604.151, Occupations Code, as added by this Act. |
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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, 2025. |
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(b) Section 1604.101, Occupations Code, as added by this |
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Act, takes effect September 1, 2026. |