By: Campbell S.B. No. 2696     A BILL TO BE ENTITLED   AN ACT   relating to the regulation of the performance of cosmetic   injections; requiring an occupational certificate; authorizing   fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 9, Occupations Code, is amended by adding   Chapter 1604 to read as follows:   CHAPTER 1604. COSMETIC INJECTOR CERTIFICATE   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 1604.001.  DEFINITIONS. In this chapter:                (1)  "Cosmetic injection" means a nonsurgical cosmetic   procedure, including:                      (A)  the injection of a prescription drug or other   substance for a cosmetic purpose;                      (B)  a cosmetic treatment that pierces, scrapes,   or otherwise damages the dermis; and                      (C)  the use, for a cosmetic purpose, of a device   as defined by Section 551.003.                (2)  "Department" means the Texas Department of   Licensing and Regulation.                (3)  "Physician" has the meaning assigned by Section   151.002.          Sec. 1604.002.  APPLICABILITY. This chapter does not apply   to a person who is:                (1)  a physician;                (2)  a dentist licensed under Subtitle D, Title 3; or                (3)  a licensed health care professional under the   delegation authority of a licensed physician in this state.   SUBCHAPTER B. POWERS AND DUTIES          Sec. 1604.051.  GENERAL POWERS AND DUTIES. The department   shall enforce this chapter.   SUBCHAPTER C. COSMETIC INJECTOR CERTIFICATE          Sec. 1604.101.  CERTIFICATE REQUIRED. (a) A person may not   perform or offer to perform a cosmetic injection unless the person   holds a certificate issued under this chapter.          (b)  A physician may delegate the performance of a cosmetic   injection only to a person who holds a certificate issued under this   chapter.          Sec. 1604.102.  CERTIFICATE APPLICATION. (a) An applicant   for a certificate under this chapter shall apply to the department   on a form and in the manner prescribed by the department,   accompanied by:                (1)  evidence that the applicant:                      (A)  has completed training from a provider the   department approves under Section 1604.151; and                      (B)  has performed at least 50 cosmetic injection   procedures under the direct supervision of:                            (i)  a physician who delegates the   performance of cosmetic injections in accordance with Chapter 157;   or                            (ii)  the holder of a certificate issued   under this chapter; and                (2)  a certificate fee in the amount set by the   department.          (b)  An applicant shall provide evidence of the cosmetic   injection procedures required under Subsection (a)(1)(B) by   submitting a record of procedures on a cosmetic injection log sheet   that is:                (1)  certified by the supervising physician or   certificate holder; and                (2)  submitted through the department's Internet   website.          Sec. 1604.103.  CERTIFICATE TERM; RENEWAL. (a) A   certificate issued under this chapter expires on the second   anniversary of the date the certificate is issued.          (b)  The holder of a certificate issued under this chapter   may renew the certificate by submitting to the department, before   the expiration of the certificate, a renewal application on the   form prescribed by the department, accompanied by:                (1)  evidence that the certificate holder has completed   at least eight hours of continuing education from a provider the   department approves under Section 1604.152; and                (2)  a renewal fee in the amount set by the department.          Sec. 1604.104.  CRIMINAL BACKGROUND CHECK. The department   shall conduct a criminal history record information check on each   applicant who submits an application for a certificate under this   chapter. The department may, as permitted by law:                (1)  examine any criminal conviction, guilty plea, or   deferred adjudication of the applicant; and                (2)  obtain criminal history record information for the   applicant.          Sec. 1604.105.  ISSUANCE OF CERTIFICATE WITHOUT TRAINING.   (a) Notwithstanding Section 1604.102, the department shall issue a   certificate under this chapter to an applicant who, not later than   September 1, 2026, submits documentation acceptable to the   department demonstrating that the applicant has at least two years   of continuous experience performing cosmetic injections under the   delegation of a licensed physician in this state before September   1, 2025.          (b)  The department shall post on the department's Internet   website the documentation required for a certificate under this   section.          (c)  This section expires June 1, 2027.   SUBCHAPTER D. TRAINING AND CONTINUING EDUCATION          Sec. 1604.151.  COSMETIC INJECTION TRAINING. (a) The   department shall approve one or more providers of a course   consisting of 40 hours of foundational training in the performance   of cosmetic injections that satisfies the requirement of Section   1604.102.          (b)  The course described by Subsection (a) must include   instruction in:                (1)  human facial anatomy and physiology;                (2)  safety protocols and aseptic technique;                (3)  injection technique and pharmacology;                (4)  emergency protocols and adverse event management;   and                (5)  legal and regulatory compliance.          (c)  Each course must include a hands-on practical component   evaluated by an instructor approved by the department.          Sec. 1604.152.  CONTINUING EDUCATION. The department shall   approve one or more providers of continuing education in the   performance of cosmetic injections that satisfies the requirement   of Section 1604.103.   SUBCHAPTER E. PRACTICE BY CERTIFICATE HOLDER          Sec. 1604.201.  AUTHORIZED ACTIVITIES. A certificate issued   under this chapter:                (1)  authorizes the certificate holder to perform only   cosmetic procedures; and                (2)  does not authorize the certificate holder to   diagnose, treat, or offer to treat any client for any illness,   disease, or injury of the human body.          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 1604, Occupations   Code, as added by this Act.          (b)  Not later than March 1, 2026, the Texas Department of   Licensing and Regulation shall approve the training required under   Section 1604.151, 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 1604.101, Occupations Code, as added by this   Act, takes effect September 1, 2026.