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89(R) SB 2696 - Engrossed version - Bill Text
By: Campbell
S.B. No. 2696
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the performance of cosmetic
injections; requiring an occupational certificate; authorizing
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 9, Occupations Code, is amended by adding
Chapter 1604 to read as follows:
CHAPTER 1604. COSMETIC INJECTOR CERTIFICATE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1604.001. DEFINITIONS. In this chapter:
(1)
"Cosmetic injection" means a nonsurgical cosmetic
procedure, including:
(A)
the injection of a prescription drug or other
substance for a cosmetic purpose;
(B)
a cosmetic treatment that pierces, scrapes,
or otherwise damages the dermis; and
(C)
the use, for a cosmetic purpose, of a device
as defined by Section 551.003.
(2)
"Department" means the Texas Department of
Licensing and Regulation.
(3)
"Physician" has the meaning assigned by Section
151.002.
Sec.
1604.002.
APPLICABILITY. This chapter does not apply
to a person who is:
(1) a physician;
(2) a dentist licensed under Subtitle D, Title 3; or
(3)
a licensed health care professional under the
delegation authority of a licensed physician in this state.
SUBCHAPTER B. POWERS AND DUTIES
Sec.
1604.051.
GENERAL POWERS AND DUTIES. The department
shall enforce this chapter.
SUBCHAPTER C. COSMETIC INJECTOR CERTIFICATE
Sec.
1604.101.
CERTIFICATE REQUIRED. (a) A person may not
perform or offer to perform a cosmetic injection unless the person
holds a certificate issued under this chapter.
(b)
A physician may delegate the performance of a cosmetic
injection only to a person who holds a certificate issued under this
chapter.
Sec.
1604.102.
CERTIFICATE APPLICATION. (a) An applicant
for a certificate under this chapter shall apply to the department
on a form and in the manner prescribed by the department,
accompanied by:
(1) evidence that the applicant:
(A)
has completed training from a provider the
department approves under Section 1604.151; and
(B)
has performed at least 50 cosmetic injection
procedures under the direct supervision of:
(i)
a physician who delegates the
performance of cosmetic injections in accordance with Chapter 157;
or
(ii)
the holder of a certificate issued
under this chapter; and
(2)
a certificate fee in the amount set by the
department.
(b)
An applicant shall provide evidence of the cosmetic
injection procedures required under Subsection (a)(1)(B) by
submitting a record of procedures on a cosmetic injection log sheet
that is:
(1)
certified by the supervising physician or
certificate holder; and
(2)
submitted through the department's Internet
website.
Sec.
1604.103.
CERTIFICATE TERM; RENEWAL. (a) A
certificate issued under this chapter expires on the second
anniversary of the date the certificate is issued.
(b)
The holder of a certificate issued under this chapter
may renew the certificate by submitting to the department, before
the expiration of the certificate, a renewal application on the
form prescribed by the department, accompanied by:
(1)
evidence that the certificate holder has completed
at least eight hours of continuing education from a provider the
department approves under Section 1604.152; and
(2) a renewal fee in the amount set by the department.
Sec.
1604.104.
CRIMINAL BACKGROUND CHECK. The department
shall conduct a criminal history record information check on each
applicant who submits an application for a certificate under this
chapter. The department may, as permitted by law:
(1)
examine any criminal conviction, guilty plea, or
deferred adjudication of the applicant; and
(2)
obtain criminal history record information for the
applicant.
Sec.
1604.105.
ISSUANCE OF CERTIFICATE WITHOUT TRAINING.
(a) Notwithstanding Section 1604.102, the department shall issue a
certificate under this chapter to an applicant who, not later than
September 1, 2026, submits documentation acceptable to the
department demonstrating that the applicant has at least two years
of continuous experience performing cosmetic injections under the
delegation of a licensed physician in this state before September
1, 2025.
(b)
The department shall post on the department's Internet
website the documentation required for a certificate under this
section.
(c) This section expires June 1, 2027.
SUBCHAPTER D. TRAINING AND CONTINUING EDUCATION
Sec.
1604.151.
COSMETIC INJECTION TRAINING. (a) The
department shall approve one or more providers of a course
consisting of 40 hours of foundational training in the performance
of cosmetic injections that satisfies the requirement of Section
1604.102.
(b)
The course described by Subsection (a) must include
instruction in:
(1) human facial anatomy and physiology;
(2) safety protocols and aseptic technique;
(3) injection technique and pharmacology;
(4)
emergency protocols and adverse event management;
and
(5) legal and regulatory compliance.
(c)
Each course must include a hands-on practical component
evaluated by an instructor approved by the department.
Sec.
1604.152.
CONTINUING EDUCATION. The department shall
approve one or more providers of continuing education in the
performance of cosmetic injections that satisfies the requirement
of Section 1604.103.
SUBCHAPTER E. PRACTICE BY CERTIFICATE HOLDER
Sec.
1604.201.
AUTHORIZED ACTIVITIES. A certificate issued
under this chapter:
(1)
authorizes the certificate holder to perform only
cosmetic procedures; and
(2)
does not authorize the certificate holder to
diagnose, treat, or offer to treat any client for any illness,
disease, or injury of the human body.
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 1604, Occupations
Code, as added by this Act.
(b) Not later than March 1, 2026, the Texas Department of
Licensing and Regulation shall approve the training required under
Section 1604.151, 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 1604.101, Occupations Code, as added by this
Act, takes effect September 1, 2026.