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Legislative Updates - 4/11/21

The Texas Legislature has been hard at work, with bill filing concluding on March 12 th and marathon hearings taking place since then.

As we hoped, with AmSpa deciding to pull back on their bill and the Dermatologists deciding not to pursue a bill regarding Med Spas this year, none of the bills as filed would appear to directly impact the ability of Med Spas to continue their operations.

The Texas Med Spa Association reviewed all 7,647 bills. This represented about a 30% drop in bill filings compared to other sessions, given the difficulty expected to be encountered in a session that was expected to be mostly about the pandemic and the budget – and which quickly expanded to extend to electric market reforms after the February storms.

This session would likely be a difficult one in which to enact stringent new regulations that put Texans out of work and endanger small businesses that are already in a precarious condition due to the pandemic. However, that does not preclude attempts by some to insert language into bills that would be harmful to Med Spas. We will continue to closely monitor all bills for any amendments that could impact the industry.

Here are some of the bills we are monitoring:

SB 915/HB 2029 – This is the bill to allow independent practice for Advanced Practice Registered Nurses (APRN). The bill has the ideal bill authors but still may fall short of the votes to move this session. The House version has been heard in committee, but the Senate version has not.

HB 4352 – This bill would modify the scope of practice for Physician Assistants(PA) through the use of collaboration agreements with physicians and would remove the liability of a physician working with a PA if they did not help directly care for a patient.

HB 4362 – This bill would also expand the ability of an APRN to practice independently in Texas, as well as making other occupational licensing changes.

HJR 153 – This joint resolution calls for a constitutional amendment to require that the legislature have oversight over state agency rules adopted in response to a threat of imminent peril to public, health, safety, or welfare.

SB 1393 – This bill would prohibit the Governor from limiting nonelective medical procedures in a declared state of disaster unless the limitation or prohibition is reasonably necessary to conserve resources for nonelective procedures or resources needed for disaster response. Additionally, any such order could only last for 15 days unless renewed by the Governor.

Jocelyn Dabeau

Jocelyn Dabeau

Government Affairs, TMSA Lobbyist

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