| 1 | 1 | | By: Hinojosa S.B. No. 2346 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to delegation by a physician of certain cosmetic and |
|---|
| 7 | 7 | | dermatological medical treatments. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter A, Chapter 157, Occupations Code, is |
|---|
| 10 | 10 | | amended by adding Section 157.008 to read as follows: |
|---|
| 11 | 11 | | Sec. 157.008. DELEGATION OF COSMETIC AND DERMATOLOGICAL |
|---|
| 12 | 12 | | MEDICAL TREATMENTS. (a) In accordance with rules adopted by the |
|---|
| 13 | 13 | | board, a physician may delegate to a qualified and properly trained |
|---|
| 14 | 14 | | physician assistant: |
|---|
| 15 | 15 | | (1) the administration of botulinum toxin injections; |
|---|
| 16 | 16 | | (2) administration of dermal fillers; |
|---|
| 17 | 17 | | (3) cosmetic or aesthetic medical treatments; or |
|---|
| 18 | 18 | | (4) the use of a laser or intense pulsed light device |
|---|
| 19 | 19 | | that is a prescription device under 21 C.F.R. 801.109 used for a |
|---|
| 20 | 20 | | medical or dermatological treatment. |
|---|
| 21 | 21 | | (b) The administration of a medical treatment or use of a |
|---|
| 22 | 22 | | prescription device described under Subsection (a) is considered |
|---|
| 23 | 23 | | the practice of medicine and may be performed only by a physician or |
|---|
| 24 | 24 | | by a physician assistant under a physician's order, standing |
|---|
| 25 | 25 | | medical order, standing delegation order, or protocol. |
|---|
| 26 | 26 | | (c) The administration of a medical treatment or use of a |
|---|
| 27 | 27 | | prescription device described under Subsection (a) must be in |
|---|
| 28 | 28 | | compliance with laws relating to the practice of medicine and state |
|---|
| 29 | 29 | | and federal laws relating to the administration of a medical |
|---|
| 30 | 30 | | treatment or use of a prescription device. |
|---|
| 31 | 31 | | SECTION 2. Not later than January 1, 2010, the Texas Medical |
|---|
| 32 | 32 | | Board shall adopt rules necessary to implement Section 157.008, |
|---|
| 33 | 33 | | Occupations Code, as added by this Act. |
|---|
| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|