Texas Medical Board Proposes Requiring All Facilities That Offer Nonsurgical Medical Cosmetic Procedures to Post a Notice

Alex R. Thiersch | 7.11.19

The Texas Medical Board (“TMB”) recently published a proposed change to the Nonsurgical Medical Cosmetic Procedures delegation rule, known as section 193.17 that would require every facility that provides nonsurgical medical cosmetic procedures to post a notice in each public area and treatment room. The new rule would require every facility to provide the name and license number of the physician who delegates the procedures, as well as information on how to file a complaint with the TMB.  The form and content of this notice must follow the TMB’s rules contained in section 178 of Texas Administrative Code and specifically the approved formats found in section 178.3. These changes are contained in the July 5th issue of the Texas Register.

 

The change followed a spirited hearing at the stakeholder meeting last month where this and an alternative proposal were introduced. Although not explicitly stated, we believe that these changes were in direct result to the recent arrests of med spa personnel and physicians in Houston. The TMB approved the publication of this proposal at their last meeting as they had not received any negative comments on it.  This publication is the next step in formally adopting this change.

 

Note that this new rule has been proposed but has not formally taken effect. The TMB indicated that they would likely hold an additional public hearing and comment period, however nothing has been scheduled at this time.  If you wish to make a comment or get more information on these changes you can contact the Texas Medical Board’s General Counsel, Scott Freshour, at (512) 305-7016.

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