'The Botox party bill' moving forward in legislature
AUSTIN (KXAN) — Proposed legislation to enhance patient safety and tighten Texas laws over who can administer Botox injections — and similar treatments — passed the Senate Thursday morning and is moving forward in the legislative process.
Senate Bill 378 from State Sen. Charles Schwertner, R-Georgetown, who is also a medical doctor, was filed after a KXAN investigation uncovered that anyone can become certified to do injections, including Botox, and the need for more oversight for patient safety.
The Senate Business and Commerce Committee learned the details of Senate Bill 378 from Schwertner earlier this month before receiving a favorable vote from the committee on March 19 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.
Additionally, 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.
KXAN will have updates to this story once those hearings have been held.