| 1 | 1 | | 81R3597 YDB-D |
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| 2 | 2 | | By: Deuell S.B. No. 2427 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to delegation by a physician of certain cosmetic and |
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| 8 | 8 | | dermatological medical treatments. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 157, Occupations Code, is |
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| 11 | 11 | | amended by adding Section 157.008 to read as follows: |
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| 12 | 12 | | Sec. 157.008. DELEGATION OF COSMETIC AND DERMATOLOGICAL |
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| 13 | 13 | | MEDICAL TREATMENTS. (a) In accordance with rules adopted by the |
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| 14 | 14 | | board, a physician may delegate to a qualified and properly trained |
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| 15 | 15 | | physician assistant: |
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| 16 | 16 | | (1) the administration of botulinum toxin injections; |
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| 17 | 17 | | (2) administration of dermal fillers; |
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| 18 | 18 | | (3) cosmetic or aesthetic medical treatments; or |
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| 19 | 19 | | (4) the use of a laser or intense pulsed light device |
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| 20 | 20 | | that is a prescription device under 21 C.F.R. 801.109 used for a |
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| 21 | 21 | | medical or dermatological treatment. |
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| 22 | 22 | | (b) The administration of a medical treatment or use of a |
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| 23 | 23 | | prescription device described under Subsection (a) is considered |
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| 24 | 24 | | the practice of medicine and may be performed only by a physician or |
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| 25 | 25 | | by a physician assistant under a physician's order, standing |
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| 26 | 26 | | medical order, standing delegation order, or protocol. |
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| 27 | 27 | | (c) The administration of a medical treatment or use of a |
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| 28 | 28 | | prescription device described under Subsection (a) must be in |
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| 29 | 29 | | compliance with laws relating to the practice of medicine and state |
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| 30 | 30 | | and federal laws relating to the administration of a medical |
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| 31 | 31 | | treatment or use of a prescription device. |
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| 32 | 32 | | SECTION 2. Not later than January 1, 2010, the Texas Medical |
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| 33 | 33 | | Board shall adopt rules necessary to implement Section 157.008, |
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| 34 | 34 | | Occupations Code, as added by this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2009. |
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