| 1 | 1 | | 86R13511 JES-D |
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| 2 | 2 | | By: Hughes S.B. No. 2366 |
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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 the performance of nonsurgical medical cosmetic |
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| 8 | 8 | | procedures at medical spas; providing a civil penalty. |
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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 E, Chapter 17, Business & Commerce |
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| 11 | 11 | | Code, is amended by adding Section 17.465 to read as follows: |
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| 12 | 12 | | Sec. 17.465. MEDICAL SPA OPERATION. (a) In this section, |
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| 13 | 13 | | "medical spa" means an establishment at which nonsurgical medical |
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| 14 | 14 | | cosmetic procedures, including the injection of medication or |
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| 15 | 15 | | substances for cosmetic purposes, the administration of colonic |
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| 16 | 16 | | irrigations, and the use of a prescription medical device for |
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| 17 | 17 | | cosmetic purposes, are performed if the performance of the |
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| 18 | 18 | | nonsurgical medical cosmetic procedures at the establishment would |
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| 19 | 19 | | be subject to regulation under rules adopted by the Texas Medical |
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| 20 | 20 | | Board establishing the duties and responsibilities of a physician |
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| 21 | 21 | | who performs or delegates the performance of a nonsurgical medical |
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| 22 | 22 | | cosmetic procedure. |
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| 23 | 23 | | (b) For purposes of Section 17.46(a), the term "false, |
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| 24 | 24 | | misleading, or deceptive acts or practices" includes the |
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| 25 | 25 | | performance at a medical spa of a nonsurgical medical cosmetic |
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| 26 | 26 | | procedure by a person other than a physician assistant acting under |
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| 27 | 27 | | the supervision of a licensed physician or an advanced practice |
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| 28 | 28 | | registered nurse acting under the supervision of a licensed |
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| 29 | 29 | | physician. |
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| 30 | 30 | | (c) A medical spa shall post a notice prescribed by the |
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| 31 | 31 | | attorney general under Subsection (d) in a location in which it is |
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| 32 | 32 | | likely to be seen and read by a person who enters the medical spa. |
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| 33 | 33 | | (d) The attorney general shall adopt rules prescribing the |
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| 34 | 34 | | form and content of a notice to be posted by a medical spa. The |
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| 35 | 35 | | notice must: |
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| 36 | 36 | | (1) inform patients and the public of the restrictions |
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| 37 | 37 | | on the performance of nonsurgical medical cosmetic procedures under |
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| 38 | 38 | | this section and rules adopted by the Texas Medical Board; and |
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| 39 | 39 | | (2) provide the name, mailing address, telephone |
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| 40 | 40 | | number, and Internet website of the consumer protection division |
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| 41 | 41 | | for the purpose of directing complaints to the division. |
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| 42 | 42 | | (e) The Texas Medical Board shall forward any complaints the |
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| 43 | 43 | | board receives related to the performance of a nonsurgical medical |
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| 44 | 44 | | cosmetic procedure to the consumer protection division. This |
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| 45 | 45 | | subsection does not limit the Texas Medical Board's authority to |
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| 46 | 46 | | take any action the board is authorized to take with respect to a |
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| 47 | 47 | | complaint required to be forwarded under this subsection. |
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| 48 | 48 | | (f) In an action brought under Section 17.47 to enforce this |
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| 49 | 49 | | section, the consumer protection division may request and the trier |
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| 50 | 50 | | of fact may award the recovery of: |
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| 51 | 51 | | (1) reasonable attorney's fees and court costs; and |
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| 52 | 52 | | (2) the reasonable expenses incurred by the division |
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| 53 | 53 | | in obtaining any remedy available under Section 17.47, including |
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| 54 | 54 | | the cost of investigation, witness fees, and deposition expenses. |
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| 55 | 55 | | SECTION 2. The attorney general shall adopt rules |
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| 56 | 56 | | prescribing the form and content of the notice under Section |
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| 57 | 57 | | 17.465(d), Business & Commerce Code, as added by this Act, not later |
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| 58 | 58 | | than December 1, 2019. |
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| 59 | 59 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
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| 60 | 60 | | section, this Act takes effect September 1, 2019. |
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| 61 | 61 | | (b) Section 17.465(c), Business & Commerce Code, as added by |
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| 62 | 62 | | this Act, takes effect January 1, 2020. |
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