BILL ANALYSIS Senate Research Center S.B. 2696 By: Campbell Business & Commerce 4/30/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Recent tragic reports in the news, such as the death of Jennifer Cleveland, have underscored the need for legislative intervention in the med spa industry. Current medical delegation laws allow any individual to be delegated the authority to perform cosmetic procedures. S.B. 2696 addresses this significant regulatory gap in Texas regarding advanced cosmetic procedures by establishing a mandatory licensing framework to ensure practitioner competency and enhance public safety. Currently, there are no licensing requirements for the cosmetic injection of prescription substances, non-surgical procedures that penetrate the dermis, or the use of numerous FDA-approved cosmetic devices. S.B. 2696 requires licensure through the Texas Department of Licensing and Regulation (TDLR), establishing a proficiency standard and facilitating lawful entry into the field while reducing risks associated with unregulated practice. The bill limits license holders' scope of practice, prohibiting them from performing medical diagnoses or treatments, and mandates compliance with written protocols established under physician oversight. This approach balances public safety with occupational access, aligning with Texas's broader goals for professional oversight. Key Provisions: Adds Section 207 to Subtitle C, Title 3, Occupations Code, creating a new occupational license for advanced cosmetic procedures. Individuals already licensed to practice health care and acting within their scope of practice are exempt from the new licensing requirement. Defines "advanced cosmetic procedure" to include cosmetic injections, procedures that pierce or damage the dermis, and the use of certain cosmetic medical devices. Directs the Texas Commission of Licensing and Regulation to approve the training curriculum and adopt rules, forms, and fees necessary to implement the licensing program. Tasks TDLR to develop and administer the required licensing examination. Limits license holders to performing only advanced cosmetic procedures and prohibits them from diagnosing or treating any illness, disease, or injury. Requires license holders to provide written disclosure to clients regarding the scope and limitations of their license. Authorizes license holders to perform procedures under the written protocol of a consulting physician without requiring on-site supervision. As proposed, S.B. 2696 amends current law relating to the regulation of the performance of advanced cosmetic procedures, requires an occupational license, and authorizes a fee. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 2 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle C, Title 3, Occupations Code, by adding Chapter 207, as follows: CHAPTER 207. ADVANCED COSMETIC PROCEDURE LICENSE SUBCHAPTER A. GENERAL PROVISIONS Sec. 207.001. DEFINITIONS. Defines "advanced cosmetic procedure," "commission," "department," and "physician." Sec. 207.002. APPLICABILITY. Provides that a person is not required to hold a license under this chapter if the person is a licensed health care worker acting within the scope of the person's license. SUBCHAPTER B. POWERS AND DUTIES Sec. 207.101. GENERAL POWERS AND DUTIES. Requires the Texas Department of Licensing and Regulation (TDLR) to enforce this chapter. SUBCHAPTER C. LICENSE REQUIREMENTS Sec. 207.201. LICENSE REQUIRED. Prohibits a person from performing or attempting to perform an advanced cosmetic procedure unless the person holds a license issued under this chapter. Sec. 207.202. LICENSE APPLICATION. Requires an applicant for a license under this chapter to apply to TDLR on a form and in the manner prescribed by TDLR, accompanied by: (1) evidence that the applicant is at least 18 years of age and has successfully completed training the Texas Commission on Licensing and Regulation (TCLR) approves under Section 207.203 and the examination developed and administered by TDLR under Section 207.204; (2) any other information required by TDLR, including sworn statements relating to the applicant's background and legal status; and (3) a fee in the amount set by TCLR. Sec. 207.203. TRAINING. Requires TCLR to approve a course consisting of training in advanced cosmetic procedures for a license under this chapter. Sec. 207.204. EXAMINATION. Requires TDLR to develop and administer an examination for a license applicant under this chapter that consists of a written component and a practical component. SUBCHAPTER D. PRACTICE BY LICENSE HOLDER Sec. 207.301. AUTHORIZED ACTIVITIES. Provides that a license issued under this subchapter authorizes the license holder to perform only advanced cosmetic procedures and does not authorize the license holder to diagnose, treat, or offer to treat any client for any illness, disease, or injury of the human body. Sec. 207.302. DISCLOSURE REQUIRED. Requires the holder of a license issued under this chapter to specifically disclose in writing to each client and prospective client the activities the license holder is authorized and not authorized to perform under the license, as described by Section 207.301. Sec. 207.303. ONSITE SUPERVISION. Authorizes the holder of a license issued under this chapter, practicing under the written protocol of a consulting physician, to perform an advanced cosmetic procedure without the physician's onsite supervision. SECTION 2. (a) Requires TCLR, not later than December 1, 2025, to adopt the rules, forms, and fees necessary to administer Chapter 207, Occupations Code, as added by this Act. (b) Requires TCLR, not later than March 1, 2026, to approve the training required under Section 207.203, Occupations Code, as added by this Act, and develop the examination required under Section 207.204, Occupations Code, as added by this Act. SECTION 3. (a) Effective date, except as provided by Subsection (b) of this section: September 1, 2025. (b) Effective date, Section 207.201, Occupations Code, as added by this Act: July 1, 2026.
BILL ANALYSIS
Senate Research Center S.B. 2696
By: Campbell
Business & Commerce
4/30/2025
As Filed
Senate Research Center
S.B. 2696
By: Campbell
Business & Commerce
4/30/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Recent tragic reports in the news, such as the death of Jennifer Cleveland, have underscored the need for legislative intervention in the med spa industry. Current medical delegation laws allow any individual to be delegated the authority to perform cosmetic procedures. S.B. 2696 addresses this significant regulatory gap in Texas regarding advanced cosmetic procedures by establishing a mandatory licensing framework to ensure practitioner competency and enhance public safety.
Currently, there are no licensing requirements for the cosmetic injection of prescription substances, non-surgical procedures that penetrate the dermis, or the use of numerous FDA-approved cosmetic devices.
S.B. 2696 requires licensure through the Texas Department of Licensing and Regulation (TDLR), establishing a proficiency standard and facilitating lawful entry into the field while reducing risks associated with unregulated practice. The bill limits license holders' scope of practice, prohibiting them from performing medical diagnoses or treatments, and mandates compliance with written protocols established under physician oversight. This approach balances public safety with occupational access, aligning with Texas's broader goals for professional oversight.
Key Provisions:
1. Adds Section 207 to Subtitle C, Title 3, Occupations Code, creating a new occupational license for advanced cosmetic procedures.
2. Individuals already licensed to practice health care and acting within their scope of practice are exempt from the new licensing requirement.
3. Defines "advanced cosmetic procedure" to include cosmetic injections, procedures that pierce or damage the dermis, and the use of certain cosmetic medical devices.
4. Directs the Texas Commission of Licensing and Regulation to approve the training curriculum and adopt rules, forms, and fees necessary to implement the licensing program.
5. Tasks TDLR to develop and administer the required licensing examination.
6. Limits license holders to performing only advanced cosmetic procedures and prohibits them from diagnosing or treating any illness, disease, or injury.
7. Requires license holders to provide written disclosure to clients regarding the scope and limitations of their license.
8. Authorizes license holders to perform procedures under the written protocol of a consulting physician without requiring on-site supervision.
As proposed, S.B. 2696 amends current law relating to the regulation of the performance of advanced cosmetic procedures, requires an occupational license, and authorizes a fee.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 2 of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle C, Title 3, Occupations Code, by adding Chapter 207, as follows:
CHAPTER 207. ADVANCED COSMETIC PROCEDURE LICENSE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 207.001. DEFINITIONS. Defines "advanced cosmetic procedure," "commission," "department," and "physician."
Sec. 207.002. APPLICABILITY. Provides that a person is not required to hold a license under this chapter if the person is a licensed health care worker acting within the scope of the person's license.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 207.101. GENERAL POWERS AND DUTIES. Requires the Texas Department of Licensing and Regulation (TDLR) to enforce this chapter.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 207.201. LICENSE REQUIRED. Prohibits a person from performing or attempting to perform an advanced cosmetic procedure unless the person holds a license issued under this chapter.
Sec. 207.202. LICENSE APPLICATION. Requires an applicant for a license under this chapter to apply to TDLR on a form and in the manner prescribed by TDLR, accompanied by:
(1) evidence that the applicant is at least 18 years of age and has successfully completed training the Texas Commission on Licensing and Regulation (TCLR) approves under Section 207.203 and the examination developed and administered by TDLR under Section 207.204;
(2) any other information required by TDLR, including sworn statements relating to the applicant's background and legal status; and
(3) a fee in the amount set by TCLR.
Sec. 207.203. TRAINING. Requires TCLR to approve a course consisting of training in advanced cosmetic procedures for a license under this chapter.
Sec. 207.204. EXAMINATION. Requires TDLR to develop and administer an examination for a license applicant under this chapter that consists of a written component and a practical component.
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. 207.301. AUTHORIZED ACTIVITIES. Provides that a license issued under this subchapter authorizes the license holder to perform only advanced cosmetic procedures and does not authorize the license holder to diagnose, treat, or offer to treat any client for any illness, disease, or injury of the human body.
Sec. 207.302. DISCLOSURE REQUIRED. Requires the holder of a license issued under this chapter to specifically disclose in writing to each client and prospective client the activities the license holder is authorized and not authorized to perform under the license, as described by Section 207.301.
Sec. 207.303. ONSITE SUPERVISION. Authorizes the holder of a license issued under this chapter, practicing under the written protocol of a consulting physician, to perform an advanced cosmetic procedure without the physician's onsite supervision.
SECTION 2. (a) Requires TCLR, not later than December 1, 2025, to adopt the rules, forms, and fees necessary to administer Chapter 207, Occupations Code, as added by this Act.
(b) Requires TCLR, not later than March 1, 2026, to approve the training required under Section 207.203, Occupations Code, as added by this Act, and develop the examination required under Section 207.204, Occupations Code, as added by this Act.
SECTION 3. (a) Effective date, except as provided by Subsection (b) of this section: September 1, 2025.
(b) Effective date, Section 207.201, Occupations Code, as added by this Act: July 1, 2026.