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AUSTIN (KXAN) — Legislation aiming to boost patient safety and strengthen Texas regulations on who can administer Botox and similar treatments passed the Texas Senate Thursday morning and is progressing through the legislative process.
Senate Bill 378, introduced by State Sen. Charles Schwertner, R-Georgetown, who is also a medical doctor, was brought to light following a KXAN investigation. The investigation revealed that anyone can become certified to perform injections, including Botox, highlighting the need for stricter oversight to ensure patient safety.
Earlier this month, details of Senate Bill 378 were presented to the Senate Business and Commerce Committee by Schwertner. On March 19, the committee gave it a favorable vote, with “10 Ayes” and “0 Nays.”
“There have been increased reports of these individuals administering unauthorized and unsafe injections to friends and families without proper supervision or training,” Schwertner said Thursday morning on the Senate floor.
In May, KXAN’s “Backroom Botox,” highlighted a medical emergency under investigation by the police department in Dublin, a small city north of Austin after a Botox procedure in the backroom of a local shop led to a young woman fainting, vomiting and seizing for five-minutes, according to the EMS report.
If passed, the bill would prohibit estheticians, cosmetologists and barbers from administering injections and using prescriptive medical devices unless they are legally licensed and authorized to perform these acts.
“By law, estheticians and cosmetologists and barbers may only perform injections under the authority of a physician,” Schwertner said.
ditionally, the bill would give the Texas Department of Licensing and Regulation the statutory authority to take disciplinary action against those administering unauthorized injections.
According to Schwertner, there is a “lack of clarity” between TDLR and the Texas Medical Board over who has authority to discipline estheticians and cosmetologists in Texas, which has led to an inability to pursue actions against those administering unauthorized injections.
“This bill creates this regulatory oversight by clarifying in statute that TDLR has disciplinary authority over estheticians or cosmetologists or barbers in violation of their license,” Schwertner said.
The next phase for “The Botox party bill” will be with the House committee for a public hearing before being sent to the full House for a vote.