| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of the performance of advanced cosmetic |
|
|
procedures; requiring an occupational license; authorizing a fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle C, Title 3, Occupations Code, is |
|
|
amended by adding Chapter 207 to read as follows: |
|
|
CHAPTER 207. ADVANCED COSMETIC PROCEDURE LICENSE |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 207.001. DEFINITIONS. In this chapter: |
|
|
(1) "Advanced cosmetic procedure" means a nonsurgical |
|
|
cosmetic procedure, including: |
|
|
(A) the injection of a prescription or other |
|
|
substance for a cosmetic purpose; |
|
|
(B) a cosmetic treatment that pierces through, |
|
|
scrapes, or damages the dermis; and |
|
|
(C) the use for a cosmetic purpose of a device as |
|
|
defined by Section 551.003. |
|
|
(2) "Commission" means the Texas Commission of |
|
|
Licensing and Regulation. |
|
|
(3) "Department" means the Texas Department of |
|
|
Licensing and Regulation. |
|
|
(4) "Physician" has the meaning assigned by Section |
|
|
151.002. |
|
|
Sec. 207.002. APPLICABILITY. A person is not required to |
|
|
hold a license under this chapter if the person is a licensed health |
|
|
care worker acting within the scope of the person's license. |
|
|
SUBCHAPTER B. POWERS AND DUTIES |
|
|
Sec. 207.101. GENERAL POWERS AND DUTIES. The department |
|
|
shall enforce this chapter. |
|
|
SUBCHAPTER C. LICENSE REQUIREMENTS |
|
|
Sec. 207.201. LICENSE REQUIRED. A person may not perform or |
|
|
attempt to perform an advanced cosmetic procedure unless the person |
|
|
holds a license issued under this chapter. |
|
|
Sec. 207.202. LICENSE APPLICATION. An applicant for a |
|
|
license under this chapter must apply to the department on a form |
|
|
and in the manner prescribed by the department, accompanied by: |
|
|
(1) evidence that the applicant: |
|
|
(A) is at least 18 years of age; and |
|
|
(B) has successfully completed: |
|
|
(i) training the commission approves under |
|
|
Section 207.203; and |
|
|
(ii) the examination developed and |
|
|
administered by the department under Section 207.204; |
|
|
(2) any other information required by the department, |
|
|
including sworn statements relating to the applicant's background |
|
|
and legal status; and |
|
|
(3) a fee in the amount set by the commission. |
|
|
Sec. 207.203. TRAINING. The commission shall approve a |
|
|
course consisting of training in advanced cosmetic procedures for a |
|
|
license under this chapter. |
|
|
Sec. 207.204. EXAMINATION. The department shall develop |
|
|
and administer an examination for a license applicant under this |
|
|
chapter that consists of a written component and a practical |
|
|
component. |
|
|
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER |
|
|
Sec. 207.301. AUTHORIZED ACTIVITIES. A license issued |
|
|
under this subchapter: |
|
|
(1) authorizes the license holder to perform only |
|
|
advanced cosmetic procedures; and |
|
|
(2) does not authorize the license holder to diagnose, |
|
|
treat, or offer to treat any client for any illness, disease, or |
|
|
injury of the human body. |
|
|
Sec. 207.302. DISCLOSURE REQUIRED. The holder of a license |
|
|
issued under this chapter shall specifically disclose in writing to |
|
|
each client and prospective client the activities the license |
|
|
holder is authorized and not authorized to perform under the |
|
|
license, as described by Section 207.301. |
|
|
Sec. 207.303. ONSITE SUPERVISION. The holder of a license |
|
|
issued under this chapter, practicing under the written protocol of |
|
|
a consulting physician, may perform an advanced cosmetic procedure |
|
|
without the physician's onsite supervision. |
|
|
SECTION 2. (a) Not later than December 1, 2025, the Texas |
|
|
Commission of Licensing and Regulation shall adopt the rules, |
|
|
forms, and fees necessary to administer Chapter 207, Occupations |
|
|
Code, as added by this Act. |
|
|
(b) Not later than March 1, 2026, the Texas Commission of |
|
|
Licensing and Regulation shall: |
|
|
(1) approve the training required under Section |
|
|
207.203, Occupations Code, as added by this Act; and |
|
|
(2) develop the examination required under Section |
|
|
207.204, Occupations Code, as added by this Act. |
|
|
SECTION 3. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect September 1, 2025. |
|
|
(b) Section 207.201, Occupations Code, as added by this Act, |
|
|
takes effect July 1, 2026. |