Bill Text: TX SB2366 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the performance of nonsurgical medical cosmetic procedures at medical spas; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Business & Commerce [SB2366 Detail]
Download: Texas-2019-SB2366-Introduced.html
| 86R13511 JES-D | ||
| By: Hughes | S.B. No. 2366 | |
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| 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. | ||
