81R1946 MSE-F
By: Sheffield H.B. No. 574
A BILL TO BE ENTITLED
AN ACT
relating to disclosure at a facility performing certain laser
cosmetic procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 2, Health and Safety Code, is
amended by adding Chapter 147 to read as follows:
CHAPTER 147. NONABLATIVE LASER AND PULSED LIGHT PROCEDURES
Sec. 147.001. SIGNED STATEMENT REQUIRED. Before a person
may perform a nonablative laser or pulsed light cosmetic procedure,
the person must require that each person for whom the procedure is
to be performed sign a written statement:
(1) detailing the qualifications of the person
performing the procedure;
(2) describing the availability of a physician,
advanced practice nurse, or other person with medical training who
is associated with the facility where the procedure is performed;
(3) stating whether the medical professional
described by Subdivision (2) is at the facility or on call;
(4) providing contact information for the medical
professional described by Subdivision (2); and
(5) detailing the risks associated with the procedure.
Sec. 147.002. SIGN REQUIRED. (a) A person performing a
nonablative laser or pulsed light cosmetic procedure shall display
a sign that discloses to prospective recipients of the procedure
whether a physician, in case of emergency or any complication:
(1) is employed at the facility where the procedure is
performed;
(2) has delegating powers to the facility; or
(3) is located within reasonable proximity to the
facility.
(b) The sign required by Subsection (a) must display the
contact information for the physician.
SECTION 2. The executive commissioner of the Health and
Human Services Commission shall adopt rules necessary to administer
Chapter 147, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.