AUSTIN (KXAN) Proposed legislation to enhance patient safety and tighten Texas laws over who can administer Botox injections and similar treatments is one step closer to becoming law.

In a 107-32 vote Monday, the Texas House gave preliminary approval after a second reading and following a affiliate KXAN investigation that highlighted medical concerns associated with Botox injections.

“This bill is a cleanup bill that clarifies limitations for estheticians and cosmetologists,” said State Rep. Dade Phelan, R-Beaumont who laid out the legislation on the House side.

Senate Bill 378 passed the Senate in late March and was heard by the House committee on April 29. It was initially left pending in the Texas House Licensing & Administrative Procedures Committee after receiving nearly 50 written comments, most of which opposed the legislation. The comments included several from estheticians and injectors concerned about their small businesses being impacted. 

The bill, authored by State Sen. Charles Schwertner, R-Georgetown, pushes for patient safety and transparency and would prohibit estheticians, cosmetologists and barbers from administering injections and using prescriptive medical devices unless they are legally licensed and authorized to perform the acts. 

The legislation was filed after a KXAN investigation uncovered that anyone in Texas can become certified to do injections, including Botox. KXAN’s “Backroom Botox” investigation highlighted the need for patient safety after a Botox treatment led to a medical emergency in the back room of a local boutique in Dublin, a city north of Austin.

After KXAN’s investigation, Schwertner told KXAN investigators there have been increased reports of “Botox parties” which include unauthorized and unsafe injections to friends and family without proper supervision.

According to the bill analysis, while the Texas Medical Board, or TMB, has disciplinary authority over physicians who are supposed to be authorizing the injections, current statute is “silent” on both the TMB’s and the Texas Department of Licensing and Regulation’s authority to pursue the licensed esthetician or cosmetologist who are in violation. 

The legislation would provide TDLR the authority to take disciplinary action against those administering unauthorized injections.

The bill will now head to a third reading. If it passes the House, it will be sent to Gov. Greg Abbott.