SB 378

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
neutral
Individual Liberty
Digest
SB 378 amends Subchapter E-1, Chapter 1603, Occupations Code, by adding Section 1603.2110, which establishes prohibited medical practices for barbers and cosmetologists. The bill explicitly prohibits individuals performing barbering or cosmetology services from making incisions into the dermis layer of a person’s skin for any reason, including injecting medication or other substances. Additionally, it restricts these professionals from using medical devices as defined in Section 551.003 of the Occupations Code unless otherwise authorized.

However, the bill provides a clear exception for individuals who hold additional licenses or legal authorizations to perform such medical procedures in Texas. In any disciplinary action taken by the Texas Department of Licensing and Regulation (TDLR), the burden of proof falls on the license or permit holder to demonstrate their legal authorization to conduct the restricted acts. The bill also clarifies that its provisions do not limit the authority of other state agencies responsible for regulating medical professions.

By establishing these regulations, SB 378 seeks to maintain clear boundaries between cosmetology and medical practice, preventing unauthorized medical procedures while preserving consumer safety.
Author (1)
Charles Schwertner
Co-Author (1)
Carol Alvarado
Sponsor (1)
Dade Phelan
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 378 is not expected to have a significant fiscal impact on the state government. The costs associated with implementing the bill, including enforcing the new prohibitions and handling any disciplinary actions, are assumed to be manageable within the existing resources of the Texas Department of Licensing and Regulation (TDLR). This suggests that no new appropriations or increases in funding will be required to enforce the provisions of the bill.

Similarly, the bill is not anticipated to have a significant fiscal impact on local governments. Since enforcement will primarily fall under state regulatory authorities, cities, and counties are not expected to incur additional costs related to compliance or enforcement.

Overall, SB 378 is a low-cost regulatory measure that primarily clarifies and reinforces existing licensing restrictions without introducing new financial burdens on the state or local governments.

Vote Recommendation Notes

SB 378 is a targeted regulatory correction designed to close a loophole that has allowed unauthorized individuals to perform medical procedures under the guise of cosmetology. The bill specifically prohibits barbers and cosmetologists from injecting substances, including Botox, or using medical devices unless explicitly licensed to do so. This measure is a direct response to the rise of "Botox parties", where estheticians and cosmetologists—without medical training or supervision—administer injections in informal settings, posing a serious risk to public health​.

This bill is not an expansion of occupational licensing but rather a clarification of medical and cosmetology boundaries, ensuring that only licensed medical professionals perform injections and use prescription devices. The concern here is not economic protectionism but preventing serious health risks, including infections, nerve damage, and improperly administered treatments. Without this clarification, physicians could be unfairly held responsible for violations they did not commit, while unqualified individuals continue to operate outside their licensed scope.

Additionally, SB 378 does not introduce new licensing requirements or increase government oversight—it simply reaffirms that the Texas Department of Licensing and Regulation (TDLR) is the appropriate enforcement body for these violations. The fiscal impact is minimal, as enforcement can be absorbed within existing resources, and no new regulatory burden is placed on businesses operating within their legal scope​.

Given the clear public safety risk posed by unauthorized injections, the lack of regulatory overreach, and the bill’s role in preserving professional accountability without expanding bureaucracy, Texas Policy Research recommends lawmakers vote YES on SB 378 solely on the grounds of protecting public health.

View Bill Text and Status