81R3597 YDB-D By: Zerwas H.B. No. 2028 A BILL TO BE ENTITLED AN ACT relating to delegation by a physician of certain cosmetic and dermatological medical treatments. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 157, Occupations Code, is amended by adding Section 157.008 to read as follows: Sec. 157.008. DELEGATION OF COSMETIC AND DERMATOLOGICAL MEDICAL TREATMENTS. (a) In accordance with rules adopted by the board, a physician may delegate to a qualified and properly trained physician assistant: (1) the administration of botulinum toxin injections; (2) administration of dermal fillers; (3) cosmetic or aesthetic medical treatments; or (4) the use of a laser or intense pulsed light device that is a prescription device under 21 C.F.R. 801.109 used for a medical or dermatological treatment. (b) The administration of a medical treatment or use of a prescription device described under Subsection (a) is considered the practice of medicine and may be performed only by a physician or by a physician assistant under a physician's order, standing medical order, standing delegation order, or protocol. (c) The administration of a medical treatment or use of a prescription device described under Subsection (a) must be in compliance with laws relating to the practice of medicine and state and federal laws relating to the administration of a medical treatment or use of a prescription device. SECTION 2. Not later than January 1, 2010, the Texas Medical Board shall adopt rules necessary to implement Section 157.008, Occupations Code, as added by this Act. SECTION 3. This Act takes effect September 1, 2009.