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.
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.