SB378 - Relating to certain prohibited practices by a barber or cosmetologist.

      S.B. No. 378         AN ACT   relating to certain prohibited practices by a barber or   cosmetologist.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E-1, Chapter 1603, Occupations Code,   is amended by adding Section 1603.2110 to read as follows:           Sec.   1603.2110.     PROHIBITED MEDICAL PRACTICES. (a) Except   as provided by Subsection (b), a person performing a barbering or   cosmetology service within the scope of a license or permit issued   under this subchapter may not:                 (1)     make an incision into the dermis layer of a   person's skin, including for purposes of injecting a medication or   other substance; or                 (2)  use a device, as defined by Section 551.003.           (b)     A person holding a license or permit issued under this   subchapter may perform an act described by Subsection (a) as part of   a barbering or cosmetology service if the person is licensed to   perform that act in this state or is otherwise authorized by law to   perform that act. In a disciplinary action by the department   related to an act in violation of Subsection (a), the license or   permit holder has the burden of proving by a preponderance of the   evidence that the person is licensed or otherwise authorized to   perform the act.           (c)     This section does not affect the authority of another   state agency regulating a profession to enforce any law related to   that profession.          SECTION 2.  Section 1603.2110, Occupations Code, as added by   this Act, applies only to conduct that occurs on or after the   effective date of this Act. Conduct that occurs before the   effective date of this Act is governed by the law in effect on the   date the conduct occurred, and the former law is continued in effect   for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 378 passed the Senate on   March 27, 2025, by the following vote:  Yeas 30, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 378 passed the House on   May 20, 2025, by the following vote:  Yeas 107, Nays 39, three   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor