Texas 2025 - 89th Regular

Texas Senate Bill SB2696 Latest Draft

Bill / Introduced Version Filed 03/14/2025

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                            By: Campbell S.B. No. 2696




 A BILL TO BE ENTITLED
 AN ACT
 relating to the regulation of the performance of advanced cosmetic
 procedures; requiring an occupational license; authorizing a fee.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle C, Title 3, Occupations Code, is
 amended by adding Chapter 207 to read as follows:
 CHAPTER 207. ADVANCED COSMETIC PROCEDURE LICENSE
 SUBCHAPTER A. GENERAL PROVISIONS
 Sec. 207.001.  DEFINITIONS. In this chapter:
 (1)  "Advanced cosmetic procedure" means a nonsurgical
 cosmetic procedure, including:
 (A)  the injection of a prescription or other
 substance for a cosmetic purpose;
 (B)  a cosmetic treatment that pierces through,
 scrapes, or damages the dermis; and
 (C)  the use for a cosmetic purpose of a device as
 defined by Section 551.003.
 (2)  "Commission" means the Texas Commission of
 Licensing and Regulation.
 (3)  "Department" means the Texas Department of
 Licensing and Regulation.
 (4)  "Physician" has the meaning assigned by Section
 151.002.
 Sec. 207.002.  APPLICABILITY. 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. The department
 shall enforce this chapter.
 SUBCHAPTER C. LICENSE REQUIREMENTS
 Sec. 207.201.  LICENSE REQUIRED. A person may not perform or
 attempt to perform an advanced cosmetic procedure unless the person
 holds a license issued under this chapter.
 Sec. 207.202.  LICENSE APPLICATION. An applicant for a
 license under this chapter must apply to the department on a form
 and in the manner prescribed by the department, accompanied by:
 (1)  evidence that the applicant:
 (A)  is at least 18 years of age; and
 (B)  has successfully completed:
 (i)  training the commission approves under
 Section 207.203; and
 (ii)  the examination developed and
 administered by the department under Section 207.204;
 (2)  any other information required by the department,
 including sworn statements relating to the applicant's background
 and legal status; and
 (3)  a fee in the amount set by the commission.
 Sec. 207.203.  TRAINING. The commission shall approve a
 course consisting of training in advanced cosmetic procedures for a
 license under this chapter.
 Sec. 207.204.  EXAMINATION. The department shall 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. A license issued
 under this subchapter:
 (1)  authorizes the license holder to perform only
 advanced cosmetic procedures; and
 (2)  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. The holder of a license
 issued under this chapter shall 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. The holder of a license
 issued under this chapter, practicing under the written protocol of
 a consulting physician, may perform an advanced cosmetic procedure
 without the physician's onsite supervision.
 SECTION 2.  (a) Not later than December 1, 2025, the Texas
 Commission of Licensing and Regulation shall adopt the rules,
 forms, and fees necessary to administer Chapter 207, Occupations
 Code, as added by this Act.
 (b)  Not later than March 1, 2026, the Texas Commission of
 Licensing and Regulation shall:
 (1)  approve the training required under Section
 207.203, Occupations Code, as added by this Act; and
 (2)  develop the examination required under Section
 207.204, Occupations Code, as added by this Act.
 SECTION 3.  (a) Except as provided by Subsection (b) of this
 section, this Act takes effect September 1, 2025.
 (b)  Section 207.201, Occupations Code, as added by this Act,
 takes effect July 1, 2026.