86R13511 JES-D
By: Hughes S.B. No. 2366
A BILL TO BE ENTITLED
AN ACT
relating to the performance of nonsurgical medical cosmetic
procedures at medical spas; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 17, Business & Commerce
Code, is amended by adding Section 17.465 to read as follows:
Sec. 17.465. MEDICAL SPA OPERATION. (a) In this section,
"medical spa" means an establishment at which nonsurgical medical
cosmetic procedures, including the injection of medication or
substances for cosmetic purposes, the administration of colonic
irrigations, and the use of a prescription medical device for
cosmetic purposes, are performed if the performance of the
nonsurgical medical cosmetic procedures at the establishment would
be subject to regulation under rules adopted by the Texas Medical
Board establishing the duties and responsibilities of a physician
who performs or delegates the performance of a nonsurgical medical
cosmetic procedure.
(b) For purposes of Section 17.46(a), the term "false,
misleading, or deceptive acts or practices" includes the
performance at a medical spa of a nonsurgical medical cosmetic
procedure by a person other than a physician assistant acting under
the supervision of a licensed physician or an advanced practice
registered nurse acting under the supervision of a licensed
physician.
(c) A medical spa shall post a notice prescribed by the
attorney general under Subsection (d) in a location in which it is
likely to be seen and read by a person who enters the medical spa.
(d) The attorney general shall adopt rules prescribing the
form and content of a notice to be posted by a medical spa. The
notice must:
(1) inform patients and the public of the restrictions
on the performance of nonsurgical medical cosmetic procedures under
this section and rules adopted by the Texas Medical Board; and
(2) provide the name, mailing address, telephone
number, and Internet website of the consumer protection division
for the purpose of directing complaints to the division.
(e) The Texas Medical Board shall forward any complaints the
board receives related to the performance of a nonsurgical medical
cosmetic procedure to the consumer protection division. This
subsection does not limit the Texas Medical Board's authority to
take any action the board is authorized to take with respect to a
complaint required to be forwarded under this subsection.
(f) In an action brought under Section 17.47 to enforce this
section, the consumer protection division may request and the trier
of fact may award the recovery of:
(1) reasonable attorney's fees and court costs; and
(2) the reasonable expenses incurred by the division
in obtaining any remedy available under Section 17.47, including
the cost of investigation, witness fees, and deposition expenses.
SECTION 2. The attorney general shall adopt rules
prescribing the form and content of the notice under Section
17.465(d), Business & Commerce Code, as added by this Act, not later
than December 1, 2019.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2019.
(b) Section 17.465(c), Business & Commerce Code, as added by
this Act, takes effect January 1, 2020.